Environment / Environmental Law

* The Department of Justice won’t be harshing anyone’s mellow in Washington and Colorado just yet, because Eric Holder has more important things to do than to get involved in people’s pot. [CNN]

* The IRS will now treat all legal gay marriages the same as straight marriages for tax purposes, no matter where the couples live. That’s absolutely fabulous! [Federal Eye / Washington Post]

* Howrey going to deal with all of Allan Diamond’s unfinished business claims made as trustee on behalf of this failed firm? By claiming as a united front that “[c]lients are not property,” even if we secretly think they are. [Am Law Daily]

* In this wonderful post-Windsor world, the parents of a deceased Cozen O’Connor attorney are appealing a judge’s ruling as to the dispensation of their daughter’s death benefits to her wife. [Legal Intelligencer]

* Reduce, re-use, and recycle: environmentally friendly words used to reduce a Biglaw firm’s carbon footprint, not the number of its lawyers. Say hello to the Law Firm Sustainability Network. [Daily Report]

* Disability rights groups are coming forward to defend California’s LSAT anti-flagging law because the amount of extra testing time you receive should be between you and your doctor. [National Law Journal]

* If you thought Charleston School of Law was going to be sold to the InfiLaw System, then think again. The law school is up for grabs on Craigslist. Alas, the “[s]tudent body has been used.” [Red Alert Politics]

If you’re interested in purchasing Charleston School of Law, keep reading to see the ad (click to enlarge)…

Meet Danielle Vogel, a former Justice Department lawyer who recently launched a grocery store and farmers' market.

It's been a busy two weeks of back-biting and accusations in this office.

Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday. * Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY] * Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice] * T.J. Duane of Lateral Link was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider] * The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and its a free-for-all against workers. [Free Enterprise] * Law school applications are down, but not as drastically as expected. [Faculty Lounge] * In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money] * A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy] * Do potential clients really care about social media? I “Like” this story. [Associate's Mind] * Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…

* NY Attorney General investigating fast food restaurants for shorting their employees. This is a worthwhile cause, but what he should be looking into is who ate the bones? [CNN] * Two more law schools, University of Mary Hardin-Baylor and York College of Pennsylvania admit they gave false information to U.S. News resulting in better rankings. Those were their BETTER rankings? [TaxProf Blog] * To keep “misleading statistics” in perspective, the Department of Education leveled one of its steepest fines on Yale for covering up multiple “forcible sex offenses” to keep its campus safety statistics down. [Chronicle of Higher Education] * A measure of resource governance finds the U.S. has the second best governance of its oil, gas and mining sectors. Give yourself a hand regulators. And we’re gunning for you Norway! [Breaking Energy] * The Honorable Felicia Mennin does not grasp how time works. Thinks artist should have been more conscious of the public fear surrounding the Boston bombings… back in February. [New York Times] * Congratulations readers for helping the profile of a White House petition to reform student loan policy. Here are a couple more if you feel like making more reforms to the process… or at least more suggestions for reforms that will sit on someone’s desk. [Whitehouse.gov and Whitehouse.gov] * Is political intelligence practice too risky? Is political intelligence an oxymoron? An interview with Robert Walker of Wiley Rein LLP after the jump [Bloomberg Law]

* A White House petition started by a young lawyer asking that at least student loan interest be tax deductible like interest on a mortgage to help out those folks like, frankly, most lawyers, who make too much money to deduct their student loans. [WhiteHouse.gov] * Antoinette “Toni” Bush, partner-in-charge of Skadden’s communications group, is leaving the firm to become global head of government affairs for Rupert Murdoch’s News Corp. Free tip: brush up on your hacking law. [Am Law Daily] * The Department of Energy may adopt a new “commercial maturity test” to get rolling on the backlog of liquid natural gas export license requests. And that, of course, will spur the inevitable lawsuits. [Breaking Energy] * Apparently, President Obama dreams of “going Bulworth and resents the “Harry Potter theory of the presidency,” that the President can wave a wand and make things happen. So he’s pro Pras, Maya, and ODB, and anti-Hagrid. Who’s anti-Hagrid??? [New York Times] * Lois Lerner, the manager at the center of the IRS “scandal,” has backed out of delivering the keynote at the WNEU Law commencement. I’m pretty sure Staci would do a better job… of running the IRS. [Boston Herald] * Overlawyered blasts the Daily Caller for trying to tie Lerner to Obama via her husband, Michael Miles of Sutherland, Asbill & Brennan because the large firm had some ties to Obama. Blerg. Meanwhile, this “partisan scandal” is turning out to be bipartisan entirely based on which IRS office the groups dealt with. [Overlawyered] * Congratulations to this guy. Must have been a hell of a feast. [WDRB]

* “[T]hese senators decided to do nothing. Shame on them” Yesterday, the Senate blocked gun-control legislation that could have saved lives, and Gabrielle Giffords, a victim of gun violence, wrote a powerful op-ed in reaction. [New York Times]

* DLA Piper won’t be churning that bill anymore because the firm managed to settle its fee dispute with Adam Victor, but it’s certain that the firm’s embarrassment over the overbilling incident will know no limits. [DealBook / New York Times]

* Ahh, best-laid plans: Kim Koopersmith, the first woman to serve as Akin Gump’s chair, never thought that she’d be working in a law firm. In law school, she wanted to work in public interest. [Bloomberg]

* You’ll never guess which firm has the best brand in Canada according to the latest Acritas survey, but that’s probably because you don’t care. Come on, it’s Canada. Fine, it’s Norton Rose. [Am Law Daily]

* Oopsie! Burford Capital claims that it would never have funded plaintiffs’ representation by Patton Boggs in the Chevron case if it weren’t for a partner’s “false and misleading” statements. [CNN Money]

* The wife of a former justice of the peace has been charged with capital murder after she confessed to her involvement in the slayings of Texas prosecutors Mike McLelland and Mark Hasse. [Reuters]

* Baltimore Law has a beautiful new building that cost $112 million. Just a thought: perhaps more of that money should’ve been spent putting the class of 2012 to work as lawyers. [National Law Journal]

* Earlier this week, after some political wrangling, Senator Chuck Grassley proposed the Court Efficiency Act in the hope of paring down the D.C. Circuit. But really, come on, what are the odds of that happening… again? [National Law Journal]

* Biglaw partners, rejoice, for it seems that your legal secretaries will be unable to sue you for defamation over emails written to your wives. Spousal privilege, baby! (N.B. This doesn’t apply to your girlfriends.) [New York Law Journal]

* Which law schools placed the highest percentage of grads in federal clerkships? This info comes from the rankings guru himself. We may have more on this later. [Morse Code / U.S. News & World Report]

* The Rutgers basketball scandal claimed another scalp yesterday after the school’s former general counsel resigned. Rutgers Law dean John Farmer will be stepping in for a brief assist. [Star-Ledger]

* So, do you remember that environmental report Steven Donziger allegedly had made up in the Chevron case? Yeah, the consulting firm just disavowed all of the evidence in the report. Oops! [Businessweek]

* Say so long to your retirement money, sweetie: Junie Hoang, the actress who sued IMDb for revealing the fact that she was over the hill, received a less than favorable jury verdict. [Houston Chronicle]

When professors attack! An Oregon professor gets into it with some protesters and ends up arrested.

* Court rules that overlapping elements between romance novels do not amount to infringement. I mean, there’s only so many ways to phrase “throbbing member.” [Courthouse News Service] * Pinellas County, Florida (Tampa Bay area) returns to using fluoridated water after a governmental sea change brought on by the issue. Don’t they understand the Communist plot to sap and impurify our precious bodily fluids? [Tampa Bay Times] * In fairness, I think pro se litigants generally have a pretty good ineffective assistance claim. [Lowering the Bar] * The D.C. Circuit managed to irritate both environmentalists and industry by affirming Fish and Wildlife’s designation of polar bears as “threatened.” It’s a nice middle ground. You know who else would appreciate some middle ground? A polar bear clinging to a shrinking ice floe. [Volokh Conspiracy] * Former Justice Sandra Day O’Connor thinks kids need a healthier respect for the American democratic process. It would be unfortunate if the will of a democratic majority could get hijacked by five partisan hacks. [Courthouse News Service] * Following up on yesterday’s profile of Lindsay Lohan’s attorney Mark Heller, the judge declared him “incompetent.” Fair enough. [TMZ] * Oh, but trust him, he’s a doctor (of law). [The Economist] * To quote the inimitable Spencer Hall, “Fine, here, cry.” [New York Times]

* What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]

* The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]

* Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]

* After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]

* “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]

* If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]

* “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]

How did Florida's Burmese Python hunt go? Uh, not so well.

* “I’m sorry Ms. Jackson, I am for real. Never meant to make your planet cry, I apologize a trillion times,” is likely what Barack Obama told Lisa Jackson when he found out she was stepping down as EPA administrator. [New York Times]

* Cook County, Illinois, is experiencing problems wherein the kookiest of judges get “electoral mulligans” every six years. Public humiliation and harsh ratings might be a great way to finally put an end to this practice. [Chicago Magazine]

* Another way to get revenge against the schools that screwed grads with their allegedly misleading employment stats: disciplinary action for ethical violations committed by those licensed to practice law. [WSJ Law Blog (sub. req.)]

* What happens in Vegas, stays in Vegas, unless you’re accused of being a murderer birderer. Boalt Hall law students Justin Teixeira and Eric Cuellar have now been criminally charged for their alleged roles in the decapitation of an exotic bird. [Las Vegas Sun]

* Harvard Law is offering a free online copyright class, and anyone can enroll — even 13-year-olds. This may be your only chance to take a course at an Ivy League school, so hurry up and apply. [National Law Journal]

* George Zimmerman and his lawyer are being sued by a private detective for failure to pay $27K for security services, which included a detailed escape plan to get the murder defendant into a hidey-hole. [Boston Herald]

Florida has a snake problem. And while Congressional Republicans are blocking legislative responses, Florida has an answer: Send in the Rednecks!

Wherein Schoolhouse Rock meets the D.C. Circuit.

* Enjoy your Biglaw bonuses now, because according to managing partners, layoffs and de-equitizations may soon be making their return. Oh, only in Pennsylvania? Woohoo, break out the bubbly! Just kidding, that really sucks if it’s true. [Legal Intelligencer]

* The Environmental Protection Agency has temporarily banned BP from entering into future U.S. government contracts because of the company’s “lack of business integrity,” aka the Deepwater Horizon explosion. Ouch, super sick burn, EPA! [National Law Journal]

* Considering going to law school? Then you should also take into consideration the fact that you’ll have to become a lawyer if you want to stand a remote chance of ever being able to pay off your loans. [Fox Business]

* Paul Ceglia pleaded not guilty to fraud charges yesterday in federal court. If only he actually owned half of Facebook as he claims, he probably wouldn’t have a court-appointed attorney representing him. [Bloomberg]

* “No matter how many high-priced lawyers and publicists she employs, she has been exposed for what she is.” Jill Kelley’s lawyer is on the offensive, and his targets are none too pleased about it. [Associated Press]

* Avvo has decided to sell its health business to focus entirely on providing services to lawyers and legal customers. Now the company will be able to do the law justice. (SWIDT?) [Puget Sound Business Journal]

Let's learn more about Eric Cuellar and Justin Teixeira, the two Boalt Hall law students who have made national (and even international) news, after being accused of killing an exotic bird in Las Vegas.

* “Enough is enough.” Come on, Togut, did you really think all of the Dewey drama was going to end just because the judge approved your settlement plan? Now he’s trying to get the former partners committee disbanded. This won’t end well. [Am Law Daily]

* Covington & Burling was disqualified from representing Minnesota in its anti-pollution case against ex-client 3M over a conflict of interest. A “conscious disregard” of professional duties? This is 1L stuff, really. [Twin Cities Pioneer Press]

* Remember J. Michael Johnson, the former dean of Louisiana College Law who resigned for a “great job offer” before the school even opened? He’s now senior counsel for the ultraconservative Liberty Institute. [Alexandria Town Talk]

* “If you’ve been hit by a table, ladder, or chair, call David Otunga.” What has this Harvard Law grad turned WWE wrestler up to these days, aside from filming commercials at criminal defense firms? [City Sentinel]

* “The argument is absolutely absurd.” An ex-high school coach accused of having sex with a student wants Oklahomas’s ban on student-teacher relationships overturned as unconstitutional. [Alva Review-Courier]

* “Kanye West, Kelly Clarkson, and Nietzsche (figuratively) walk into the Seventh Circuit Court of Appeals. Hilarity ensues.” [FindLaw] * The EPA gets benchslapped by the D.C. Circuit. [Instapundit] * What can law firms learn from… the Cheesecake Factory? Besides how to make people fat; Biglaw’s already great at that. [Adam Smith, Esq.] * If you enjoy gambling or legal hypotheticals, check this out. [Legal Blog Watch] * Professor Eugene Volokh examines the tricky tension between constitutionally protected speech and laws against blackmail. [Volokh Conspiracy] Professor Ann Althouse * Professor Howard Wasserman grades Representative Todd Akin’s apology for his “legitimate rape” remarks — and gives the congressman partial credit for “owning” it. [PrawfsBlawg] * Meanwhile, Professor Ann Althouse wonders: “Would the Democrats oust one of their own because he said one thing wrong?” [Althouse] * Don’t forget: tonight is the nomination deadline for our Lawyerly Lairs contest for the best law firm offices in America. [Above the Law] * Our commenting platform, Disqus, is having issues — which may explain why comments are mysteriously disappearing from the site. We apologize for the problem, which we are investigating. [Disqus]

Chevron has hired some high-priced talent to help it fight a questionable judgment down in Ecuador.