Energy

  • October 08, 2024

    Texas Looks To Sink Suit Challenging Anti-ESG Law

    Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.

  • October 08, 2024

    PetroSaudi Says US Not Entitled To All Of $380M Award

    A PetroSaudi unit said it wants a California federal court to make clear that only 5% of funds should go to the Biden administration in a dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds.

  • October 08, 2024

    Pro Golfer Looks To 2nd Circ. For Second Swing At NYC

    A PGA Tour golfer who suffered "severe and permanent injuries" is taking his trip-and-fall lawsuit against the city of New York back to the Second Circuit, looking to bypass the finding of a federal judge in Manhattan who found that the city was never put on notice about the dangers of the crosswalk that allegedly caused his fall.

  • October 08, 2024

    Poland Must Pay $330M In Coal Mining Fight

    Australian critical minerals company GreenX Metals said Tuesday that it's won some $330 million following four years of arbitration against Poland after the country blocked two of its coal mining projects.

  • October 08, 2024

    ITC Erred With Oil Drilling Tech IP Ruling, Fed. Circ. Told

    US Synthetic Corp. on Tuesday urged the Federal Circuit to reverse a U.S. International Trade Commission decision that allows rivals to import a diamond oil drilling tool material the Utah-based company says infringes its intellectual property, arguing the agency wrongly found its drilling technology invention is abstract and patent-ineligible.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    GOP, Trade Groups Urge 6th Circ. To Void Highway GHG Rule

    Republican lawmakers and construction trade groups are urging the Sixth Circuit to snuff out for good a U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • October 08, 2024

    Enviro Groups Seek To Overturn Nuclear Plant Renewal Rules

    Anti-nuclear power groups are challenging new nuclear power plant license renewal rules from the Nuclear Regulatory Commission, telling the D.C. Circuit on Monday that the changes violate federal environmental protection law.

  • October 08, 2024

    Coolant Cos. Challenging HFC Rules Meet Skeptical DC Circ.

    A D.C. Circuit panel Tuesday seemed dubious of coolant industry challenges to the U.S. Environmental Protection Agency's omission of 2020 market data in calculating the agency's framework for phasing down climate-harming hydrofluorocarbons.

  • October 08, 2024

    EPA Inks Historic $4.2M Deal Over Philly Refinery Explosion

    The U.S. Environmental Protection Agency revealed on Tuesday that it has reached a $4.2 million proposed deal with Philadelphia Energy Solutions Refining and Marketing LLC, settling a Clean Air Act claim tied to a June 2019 leak and explosion at the company's former South Philadelphia refinery.

  • October 08, 2024

    Aluminum Recycler Novelis Scraps IPO, Citing Market Woes

    Aluminum recycling giant Novelis Inc. on Tuesday withdrew filing documents for an initial public offering, citing market conditions and formally scrapping a proposed listing nearly five months after it delayed plans to raise almost $900 million.

  • October 08, 2024

    Mich. Judge Won't Halt EV Battery-Plant Build During Appeal

    A Michigan federal judge said Monday she will not lift an order forcing a town's leaders to abide by a development agreement with battery manufacturer Gotion Inc. while the town seeks a Sixth Circuit review of the decision.

  • October 08, 2024

    Judge Clarifies Contentious Registration Rule For Contractors

    The U.S. Court of Federal Claims clarified that a contentious registration requirement for federal contractors only kicks in when they submit final proposals in response to government solicitations, blessing a previously disqualified business' $45 billion nuclear cleanup deal.

  • October 08, 2024

    J&J Wins OK For $505M Deal With Bankrupt Talc Miners

    A Delaware bankruptcy judge approved a $505 million settlement between a pair of talc producers and Johnson & Johnson after overruling an objection by a group of insurers to the deal, which would resolve several ongoing disputes with J&J over talc injury claims.

  • October 08, 2024

    Marathon Co. Wants 'Both Bites' In Pipeline Row, 8th Circ. Told

    A group of tribal landowners looking to intervene in the federal government's appeal related to a Marathon Petroleum Corp. subsidiary's pipeline that crosses part of reservation lands told the Eighth Circuit that the company can't have "both bites of the apple" in fighting their bid to dismiss the case.

  • October 08, 2024

    Hawaii Justices Hand AIG Win In Novel Climate Coverage Suit

    AIG isn't obligated to cover a lawsuit accusing a Honolulu-based Sunoco subsidiary of contributing to climate change, the Hawaii Supreme Court ruled, saying a pollution exclusion in the oil giant's policy encompasses greenhouse gas emissions.

  • October 08, 2024

    China Pushes Back On Turkish EV Tariffs, Targets EU Brandy

    China said Tuesday that it is appealing to the World Trade Organization to halt Turkish tariffs on electric and hybrid vehicles made in the country, and it announced a temporary anti-dumping measure on European Union brandy that follows the bloc's own EV tariffs.

  • October 08, 2024

    Honeywell To Spin Off Materials Biz Amid $9B Buying Spree

    Skadden-advised Honeywell said Tuesday it will spin off its advanced materials business into an independent publicly traded company, the latest maneuver in a $25 billion strategic restructuring that the company said has included about $9 billion deployed for acquisitions in 2024. 

  • October 08, 2024

    Manatt RE Leader Found Common Ground Without An Ego

    Manatt Phelps & Phillips LLP has lost a Silicon Valley real estate partner with the death of Michael Polentz, and former colleagues are praising his ability to seamlessly break down complex ideas and his achievement of great success in the legal world — and doing so without an ego.

  • October 07, 2024

    Black La. Residents Urge Overhaul On Discriminatory Land Use

    A Fifth Circuit judge asked attorneys for a Louisiana parish Monday whether they believe local government officials could continue racial discrimination for "eternity" because an allegedly discriminatory land-use plan was passed a decade ago without widespread concern.

  • October 07, 2024

    Factory Mutual Must Fully Cover Plant Explosions, Suit Says

    Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.

  • October 07, 2024

    Valero, Port Cos. To Pay $2.4M To End Bay Area Pollution Suit

    Valero and three port companies will pay nearly $2.4 million to resolve a nonprofit's lawsuit accusing the defendants of illegally dumping petroleum coke into the water without proper permits, in violation of the Clean Water Act, according to a consent decree signed by a California federal judge on Monday.

  • October 07, 2024

    Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post

    The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law. ​

  • October 07, 2024

    No Firm Schedule For New LNG Rule, Feds Tell DC Circ.

    The Biden administration has told the D.C. Circuit that it has no "firm schedule" for revising a rule allowing liquefied natural gas to be transported by rail, information the court asked for in litigation filed by environmental groups opposed to the regulations.

  • October 07, 2024

    Split DC Circ. Says FERC Can Require Power Plant Upgrade

    Federal energy regulators were right to require NextEra Energy to upgrade its New Hampshire nuclear power plant's circuit breaker to accommodate a new transmission line being developed by Avangrid Inc., a split D.C. Circuit panel has ruled.

Expert Analysis

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • An Insurance Coverage Checklist For PFAS Defendants

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    With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Best Practices For Responding To CBP's Solar Questionnaire

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    U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.

  • Opinion

    It's Time To Defuse The Ticking Time Bomb Of US Landfills

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    After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead

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    The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

  • Opinion

    US Solar Import Probe's Focus On China Is Misguided

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    The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.

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