Energy

  • October 11, 2024

    Tribes, Enviro Orgs. Can Defend EPA In Pebble Mine Row

    A federal judge in Alaska has allowed a slew of environmental groups and Alaskan tribes to defend the U.S. Environmental Protection Agency's decision to block the planned creation of the controversial Pebble Mine, saying they made a convincing argument that intervention is warranted.

  • October 11, 2024

    6th Circ. Blocks Work On Tenn. Pipeline For TVA Gas Plant

    A split Sixth Circuit panel on Friday temporarily blocked construction of a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City, as conservation groups challenge Clean Water Act permits Tennessee and the U.S. Army Corps of Engineers issued for the pipeline.

  • October 11, 2024

    Secret Docs May Delay Foreign Agent Case, Ex-Fla. Rep Says

    A former Florida congressman told a Miami federal judge on Friday that he's requested evidence from prosecutors that may exonerate him on criminal charges of failing to register as a foreign agent while lobbying for Venezuela, saying the discovery implicates classified information that may delay proceedings in his case.

  • October 11, 2024

    Bellwether Plaintiffs Let Halliburton Escape Pollution Dispute

    Two bellwether plaintiffs in litigation seeking to hold the owners and operators of a former pipe manufacturing facility liable for contamination have agreed to permanently drop their claims against Halliburton Energy Services.

  • October 11, 2024

    J&J Should Pay $30M For Developer's Cancer, Conn. Jury Told

    Attorneys for a western Massachusetts real estate developer on Friday urged a Connecticut jury to award $30 million for past and future suffering to a lifelong Johnson & Johnson baby powder user diagnosed with mesothelioma, but the company's attorneys suggested $4 million was a more reasonable figure while contesting liability whatsoever.

  • October 11, 2024

    DOI Defends Offshore Lease Schedule At DC Circ.

    The U.S. Department of the Interior defended its scaled-back offshore leasing program for 2024-2029 from dueling challenges at the D.C. Circuit, arguing it relied on "extensive quantitative and qualitative analyses" that it prepared over several years to reach its decision.

  • October 11, 2024

    FERC Defends Keeping Calif. In Hydro Permitting Role

    The Federal Energy Regulatory Commission defended its conclusion that California's water board didn't waive its Clean Water Act permitting authority over two hydroelectric dams, telling the D.C. Circuit there's nothing to suggest there was a coordinated effort to string out the permitting process.

  • October 11, 2024

    Conn. Judge OKs $5M Deal To Resolve AG's Vision Solar Case

    A Connecticut state judge approved a $5 million judgment to resolve an unfair trade practices suit Attorney General William Tong brought against Vision Solar LLC.

  • October 11, 2024

    Fed. Circ. Says USMCA Review Bars Importer's Duty Suit

    The Federal Circuit has backed the U.S. Court of International Trade's dismissal of a Canadian lumber company's challenge to increased tariffs, saying the U.S. court couldn't take the case once a U.S.-Mexico-Canada Agreement panel began reviewing the duties.

  • October 11, 2024

    Xcel, Colo. Co-Op Reach Deal To End Power Plant Appeal

    Xcel Energy and a Colorado electric cooperative have told an intermediate state appellate court that they've reached a settlement in principle to avoid further appeals of a $26 million jury verdict against Xcel in a fight over the closure of a power plant.

  • October 11, 2024

    2 Finance Partners Added To Hunton's London Office

    Hunton Andrews Kurth LLP has welcomed two new lawyers, Alan Cunningham and Richard Skipper, as finance partners in its London office.

  • October 11, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.

  • October 10, 2024

    Colo. Hemp Farm Says Solar Co. Work Caused $200M Loss

    Two Colorado hemp growers are suing a subsidiary of energy company AES Corp. for $200 million, claiming it damaged their water lines while constructing a solar panel project, ultimately causing most of their crop to die.

  • October 10, 2024

    Oregon Gas Customers Sue Over 'Greenwashing' Program

    Northwest Natural Gas Co. has been accused by customers of engaging in "greenwashing" by advertising its Smart Energy program as a way for them to offset their natural gas emissions, while directing the program's funds to methane-generating industrial dairy farms.

  • October 10, 2024

    Boulder Says Exxon Can't Twist Law To Avoid Climate Fight

    Boulder, Colorado, accused Exxon on Wednesday of twisting preemption standards to avoid a suit over the impacts of climate change, telling the Colorado Supreme Court that it doesn't need explicit permission from the Clean Air Act to bring its state law claims. 

  • October 10, 2024

    Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal

    Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.

  • October 10, 2024

    Ohio Seeks To Halt Depositions In FirstEnergy Investor Suit

    The state of Ohio wants to halt certain depositions and other discovery in a securities suit stemming from the FirstEnergy bribery scandal, saying it could interfere with criminal charges against two of the utility company's former executives, according to an intervenor motion filed Thursday.

  • October 10, 2024

    8th Circ. Won't Block EPA Power Plant Effluent Rule

    The Eighth Circuit rejected on Thursday efforts by nearly two dozen states, utility companies and trade groups to block the implementation of a U.S. Environmental Protection Agency rule setting new wastewater limitations for coal-fired power plants.

  • October 10, 2024

    Sanctioned Afghan Officials Drop Suit For Treasury's Review

    Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.

  • October 10, 2024

    Exxon Suing Netherlands Over Gas Phaseout Plans

    An ExxonMobil unit has accused the Netherlands of reneging on its contractual obligations related to the phasedown of gas extraction activities in the country's earthquake-stricken Groningen oil field.

  • October 10, 2024

    Balch & Bingham Energy Partner Rejoins McGuireWoods

    An attorney who has more than 25 years of experience working on energy regulatory matters and most recently spent several years as a partner at Balch & Bingham LLP is rejoining McGuireWoods LLP's Washington office, where he previously worked for over five and a half years, the firm announced Thursday.

  • October 10, 2024

    Brazilian Firm Cites Market Conditions In Delaying US IPO

    Private equity-backed lubricants maker Moove Lubricants Holdings is hitting pause on initial public offering plans because of "adverse market conditions," according to a Wednesday securities filing from its parent company.

  • October 09, 2024

    Alaskan Tribes Ask Court To Reconsider Gold Mine Ruling

    A group of Alaskan tribes is urging a federal district court to reconsider its ruling that two U.S. government agencies did not take a realistic look at the potential spill risks associated with a large open-pit gold mine, arguing that it erred in its determination concerning the project's barge traffic.

  • October 09, 2024

    Co-Ops Say FCC Should Use Meter Data For Broadband Maps

    The Federal Communications Commission ought to take advantage of the power meter data that electric cooperatives have access to when trying to find wrinkles or gaps in the agency's broadband maps, a group representing rural electric co-ops says.

  • October 09, 2024

    NC AG Urges NC Justices To Ax Duke Energy Rate Hike

    The North Carolina Supreme Court has been hit with a barrage of briefs urging the justices to overturn the State Utilities Commission's allegedly "unlawful" rate increase for Duke Energy Carolinas, with North Carolina Attorney General Joshua H. Stein calling the rate change "arbitrary and capricious."

Expert Analysis

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Opinion

    We Need A Legislative Path To Power Plant Emissions Cuts

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    With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • 2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors

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    Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • 5 Lessons From Ex-Vitol Trader's FCPA Conviction

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    The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

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