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Energy
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January 28, 2025
Combat Vet Says Army Base Job Triggered PTSD In $25M Suit
A U.S. Army combat veteran has filed a worker discrimination complaint seeking $25 million from a Washington recycling company, alleging that his former civilian employer mocked his military service and dispatched him to a military base despite knowing it brought back war zone fears and triggered PTSD symptoms.
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January 28, 2025
Energy Co. Seeks Abeyance In Dakota Access Pipeline Row
The operator of the Dakota Access Pipeline has asked the D.C. federal district court to suspend a South Dakota tribe's suit to shut down the pipeline's use until the court first rules on the tribe and federal government's competing motions for summary judgment.
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January 28, 2025
5th Circ. Revives Arb. Bid In Saudi Arabia Oil Project Row
A Louisiana federal judge wrongly nixed a bid to send a dispute stemming from a Saudi Arabian oil and gas project to arbitration after the administering institution named in an underlying subcontract was dissolved, the Fifth Circuit ruled in a published opinion.
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January 28, 2025
New FERC Chair Backs Status Quo For Gas Project Reviews
Newly minted Federal Energy Regulatory Commission Chairman Mark Christie told Law360 in an exclusive interview that he sees no reason to change the approval process for gas infrastructure projects despite recent court rulings that have dinged FERC for legally inadequate reviews.
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January 28, 2025
Nestle Plant Can Switch Power Providers, Ga. Justices Rule
The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia.
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January 28, 2025
Oilfield Co. Looks To Avoid Arbitration In Hydrocarbon Row
Oilfield services operator Schlumberger has asked a Texas judge to block an arbitration proceeding initiated by a Guatemalan oil company over alleged mismanagement of a hydrocarbon project, saying it never entered a valid arbitration agreement.
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January 28, 2025
Ariz. Judge Rejects Monument Challenge Due To Mining Ban
A federal district court judge dismissed the Arizona State Legislature's challenge to former President Joe Biden's proclamation that established an Indigenous site in the Grand Canyon region as a national monument, saying the lawmakers failed to show how the order would harm the state's mining revenue-related interests.
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January 28, 2025
Senate Confirms Sean Duffy As DOT Secretary
The U.S. Senate on Tuesday confirmed former Wisconsin congressman Sean Duffy to be secretary of the U.S. Department of Transportation.
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January 28, 2025
Cravath, Ropes & Gray Guide $2.4B Connecticut Water Deal
Ropes & Gray LLP and Cravath Swaine & Moore LLP are leading a $2.4 billion deal that will see public energy company Eversource Energy sell subsidiary Aquarion Water Co., a public water supply and wastewater treatment company, to a unit of the state of Connecticut.
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January 28, 2025
Judge Temporarily Halts Trump's Funding Freeze
A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.
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January 28, 2025
Calif. Bill Targets Oil Cos. For Climate Disaster Costs
A Democratic lawmaker in California has introduced a bill aimed at improving insurance affordability in the state by allowing insurers and victims of natural disasters to pursue action against oil and gas companies for their role in fueling the climate crisis.
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January 28, 2025
NY Battery Startup Hits Ch. 11 With $136M Debt, Sale Plans
Electric vehicle and renewable energy storage lithium-ion battery maker iM3NY filed for bankruptcy protection in Delaware, reporting around $136 million in debt after it wasn't able to drum up new funding for a battery production plant in New York.
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January 27, 2025
Anadarko Prevails In La. Kickback Defense Coverage Suit
An environmental remediation company should defend and indemnify Anadarko Petroleum Corp. in a decade-old Louisiana kickback lawsuit, a Texas federal court judge has ruled.
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January 27, 2025
SoCal Edison To Leave Power Off Amid Eaton Fire Litigation
Southern California Edison agreed Monday that it won't re-energize the power lines leading to the site of this month's deadly Eaton Fire for three more weeks, after plaintiffs' firm Edelson PC obtained a video that appears to show electrical sparks near the utility's equipment just before the fire began.
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January 27, 2025
Enbridge Urges Line 5 Judge To Stall For Trump Admin Talks
Enbridge Energy LP suggested Monday that a judge should "sit tight" rather than immediately rule on the merits of Michigan's lawsuit over its Line 5 pipeline to give the new U.S. presidential administration time to reach a resolution with Canada in the long-running dispute.
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January 27, 2025
Drone Co., Media Biz And Tire-Maker Announce SPAC Mergers
Three overseas companies spanning industries from drones to fashion media and tire manufacturing announced plans on Monday to go public in the U.S. by merging with special purpose acquisition companies in deals projected to exceed $1.1 billion in value, guided by at least eight law firms.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
White & Case Adds Bracewell Energy Expert In Houston
White & Case LLP is expanding its global energy team, announcing Monday it is bringing in an energy expert formerly with Exxon Mobil Corp. and most recently with Bracewell LLP as a partner it is Houston office.
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January 27, 2025
Holland & Hart Names New Senior Director Of Federal Affairs
Holland & Hart LLP said Monday that it is bolstering its federal affairs team with the addition of a lobbyist who previously led the energy and environment practice at Cassidy & Associates.
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January 27, 2025
Zurich Owes Solar Co. $12.2M For Rain Damage, Judge Says
Zurich American Insurance Co. owes over $12.2 million to a solar energy company for damages from heavy rainstorms at a 2,000-acre solar farm, a Georgia federal court ruled after a jury found the insurer liable for additional costs related to the rain events.
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January 27, 2025
Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid
Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.
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January 27, 2025
Davis Polk, Skadden Build Emerson's $7.2B AspenTech Buy
Global technology company Emerson, advised by Davis Polk & Wardwell LLP, on Monday announced plans to acquire the remaining shares of fellow software company AspenTech, whose special committee was led by Skadden Arps Slate Meagher & Flom LLP, that it does not already own in a $7.2 billion deal.
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January 27, 2025
Ancora Seeks To Make US Steel 'Great Again' With New Board
Ancora Holdings Group on Monday said it plans to make U.S. Steel "great again" by installing a new CEO and board at the company "committed to abandoning" the $14.9 billion proposed merger with Nippon Steel that was blocked by former President Joe Biden earlier this month.
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January 27, 2025
High Court Passes On Solar Project Fine Levied Without Jury
The U.S. Supreme Court on Monday declined to review the Vermont Supreme Court's ruling that the state Public Utility Commission has the authority to bypass a jury trial and unilaterally impose civil penalties on solar energy project backers that allegedly cleared land without a permit.
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January 24, 2025
Musk Can't Yet Appeal Twitter Investors' Cert., 9th Circ. Says
The Ninth Circuit on Friday rebuffed Elon Musk's request to immediately appeal a California federal judge's decision to certify a class of thousands of Twitter investors over claims the billionaire businessman fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition.
Expert Analysis
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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What Nearshoring Growth In Americas Means For Patents
With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Proactively Managing Tariff Impacts On Megaprojects
President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.
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New York Climate Superfund Law May Face Preemption Fight
New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.