Energy

  • November 20, 2024

    10th Circ. Questions Sunoco Bid To Nix $180M Royalty Ruling

    Tenth Circuit judges on Wednesday weighed Sunoco Inc.'s latest bid to undo a $180 million judgment for withholding late interest payments on oil royalties to Oklahoma landowners, and sharply questioned the company's argument that the class action should never have been certified.

  • November 20, 2024

    10th Circ. Side-Eyes Gas Royalty Claims Against Chevron Unit

    Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.

  • November 20, 2024

    FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told

    The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.

  • November 20, 2024

    Conn. Regulator Slashes $35M From Utility Revenue Plans

    The Connecticut utilities regulator has rejected bids by two Avangrid Inc. units seeking a ratepayer-funded boost of $63 million, instead slashing their bottom lines by a collective $35 million in a move that was praised by the Constitution State's top enforcer. 

  • November 19, 2024

    11th Circ. Urged To Revive Fla. Cancer Cluster Suit

    Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.

  • November 19, 2024

    ​​​​​​​Loper Bright Can't Save DTE Safety Appeal, Mich. Court Says

    A Michigan appellate court was not persuaded by an energy company's invocation of the demise of the Chevron agency-deference doctrine, affirming on Monday a safety citation issued to the company after an employee's death and ruling that the state never followed Chevron deference anyway.

  • November 19, 2024

    Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus

    President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.

  • November 19, 2024

    Oil Refiner Not Obligated To Arbitrate Oil Sands Project Claims

    A Canadian appeals court has determined that an Alberta oil refiner is not obligated to arbitrate its claims against subcontractors in a dispute that arose from allegedly defective steam generator modules intended for a steam-assisted gravity drainage oil sands project northeast of Fort McMurray, Alberta.

  • November 19, 2024

    Neb. AG Expands Electric Trucks Fight To Volvo, Daimler

    However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.

  • November 19, 2024

    Feds Defend BLM Authority In States' Methane Rule Challenge

    The Biden administration has urged a North Dakota federal court to grant it a summary judgment win in five states' lawsuit challenging a new rule aimed at cracking down on natural gas waste, defending the rule's creation as being well within the Bureau of Land Management's statutory authority.

  • November 19, 2024

    After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2

    Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.

  • November 19, 2024

    LA Waterkeeper Sues Union Pacific Over Pollution Controls

    The Los Angeles Waterkeeper slapped Union Pacific Railroad Co. with a complaint in California federal court, alleging the company's failure to implement pollution controls at four industrial facilities has led to hazardous discharges of heavy metals and oils into the San Jose Creek, San Gabriel River and other bodies of water.

  • November 19, 2024

    Utah Counties, Feds Ask Justices To Restore Rail Oil Project

    Utah counties and the federal government fired back at a Colorado county's attempt to affirm a D.C. Circuit ruling that overturned federal approval of a rail project intended to haul crude oil out of Utah's Uinta Basin, telling the U.S. Supreme Court in separate briefs the county's understanding of the National Environmental Policy Act is incorrect.

  • November 19, 2024

    Unjust PJM Power Auction Rules Must Be Redone, FERC Told

    State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.

  • November 19, 2024

    Trump Names Wall St. Exec For Chief Commerce Role

    Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.

  • November 19, 2024

    Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs

    The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.

  • November 18, 2024

    DC Circ. Doubts It Can Confirm Foreign Enforcement Order

    The D.C. Circuit did not seem at all convinced Monday morning that two Mauritian mining companies could lean on a treaty governing arbitral awards to enforce a foreign court judgment confirming a $50 million arbitration award against Zimbabwe stemming from a soured joint mining venture.

  • November 18, 2024

    Trump Taps Fox Host Sean Duffy For Transportation Secretary

    President-elect Donald Trump announced Monday he will nominate former Wisconsin congressman and Fox Business host Sean Duffy to serve as head of the U.S. Department of Transportation. 

  • November 18, 2024

    Worker Urges High Court To Fix Rift In Axed Age Bias Suit

    A former Halliburton employee asked the U.S. Supreme Court on Monday to overturn a Tenth Circuit order shuttering his age bias suit after finding he couldn't challenge an arbitration award because the case was voluntarily dismissed, arguing the ruling creates a "twilight zone" in the law.

  • November 18, 2024

    Trump DOE Pick Signals Funding Flux For Clean Energy Cos.

    President-elect Donald Trump tapping oilfield services executive Chris Wright as U.S. energy secretary underscores the frostier federal reception that awaits clean energy companies, but experts say the industry shouldn't cede the playing field to fossil fuels just yet.

  • November 18, 2024

    Chancery Consolidates 2 Musk, Derivative Damage Suits

    Delaware's chancellor on Monday combined two class suits that separately targeted Elon Musk's massive sales of Tesla Inc. stock and alleged diversions of Tesla talent to Musk's spun-off artificial intelligence venture, while ordering coordination with a suit seeking damages arising from alleged insider trading in late 2022.

  • November 18, 2024

    Venezuela Slams Withholding Of Stock Docs In Citgo Sale

    Venezuela has urged a Delaware federal judge to order a special master overseeing the auction of oil giant Citgo's parent company to give the country a copy of the now-executed and unredacted stock purchase agreement he made with another party.

  • November 18, 2024

    EPA Has No Choice But To Rethink Smog Rule, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to reconsider its so-called "good neighbor" smog emissions rule after it was partially invalidated by a court, arguing the agency's own brief confirms that its refusal to do so was improper.

  • November 18, 2024

    8th Circ. Set For Arguments In Oil Lease Termination Row

    The Eighth Circuit set arguments on Friday for Dec. 18 in an appeal over a North Dakota federal judge's decision to throw out Denver-based Prima Exploration Inc.'s lawsuit alleging the Bureau of Indian Affairs schemed with two rival companies to end its lease on land within the Fort Berthold Reservation.

  • November 18, 2024

    Brazil's Unigel Seeks Ch. 15 Nod For $810M Restructuring

    Several units of Brazilian petrochemical producer Unigel Group have urged a New York bankruptcy court to recognize their overseas bankruptcy plans to address roughly $810 million of debt, saying factors including the war in Ukraine and inflation have hampered the companies' liquidity.

Expert Analysis

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • Unpacking The Latest Tranche Of Sanctions Targeting Russia

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    Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Assessing The Energy Act 2023, Eight Months On

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    Although much of the detail required to fully implement the Energy Act 2023 remains to be finalized, the scale of change in the energy sector is unprecedented, and with the U.K. prioritizing achieving net-zero, it is likely that developments will continue at pace, say lawyers at Paul Hastings.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What Alternative Fuel Proposals Mean For EU Infrastructure

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    The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • 'Energy Communities' Update May Clarify Tax Credit Eligibility

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    A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

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