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Energy
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February 26, 2025
Lawmakers Say DOI Energy Order Reviews Lack Transparency
A pair of Democratic federal lawmakers are demanding transparency from the U.S. Department of the Interior on the status of orders by Secretary Doug Burgum to "unleash American energy," saying the agency's leaders have yet to publicly disclose plans for national monuments and land withdrawn from mining development.
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February 26, 2025
Lloyds Seeks To Trim Oil Cos.' Suit Over Water Pollution Claim
Certain underwriters at Lloyd's of London urged a New Mexico federal court to toss bad faith claims that two oil and gas companies lodged in a coverage action over the release of a waste byproduct that triggered state-supervised remediation efforts, arguing they haven't even formally denied coverage yet.
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February 26, 2025
Wash. Judge Says Officials Are Immune To Energy Code Suit
A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.
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February 26, 2025
Fuel Co. Trustee Accuses Ex-Owners Of $100M Buyout Fraud
The founders and former majority owners of the bankrupt fuel distributor Mountain Express Oil Co. were hit with a lawsuit by the company's trustee Monday alleging that they took nearly $100 million out of the business through a bogus stock buyout that pushed it to the brink of insolvency.
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February 26, 2025
No DQ For Norton Rose In Texas Competition Row, Court Says
Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.
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February 26, 2025
US Chamber Wants Calif. Climate Disclosure Regs Blocked
The U.S. Chamber of Commerce and other business groups have asked a California federal judge to block the state's corporate climate disclosure rules, arguing companies are already suffering harm due to laws that are "so overinclusive, they flunk any First Amendment test."
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February 26, 2025
Top Dem Urges Trump To Leave Independent Agencies Alone
The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.
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February 26, 2025
Judge Won't Disqualify Firm In Solar Co. Fraud Fight
A federal judge denied Michigan residents' attempt to disqualify attorneys representing a bankrupt solar company's former founding CEO in their fraud case, holding that the law firm's allegedly obstructionist discovery tactics don't amount to an actual conflict of interest.
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February 26, 2025
Kirkland-Led Blackstone Wraps $5.6B Energy-Focused Fund
Private equity giant Blackstone, advised by Kirkland & Ellis LLP, on Wednesday announced that it wrapped its fourth energy transition-focused private equity fund after securing $5.6 billion of investor commitments.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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February 26, 2025
Energy Biz To Sell 50% Share In Kazakh Unit For $72.5M
Caspian Sunrise PLC said Wednesday that it has entered into a conditional agreement to sell half of its stake in its Kazakhstani subsidiary to a "prominent Middle East financial institution" for $72.5 million.
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February 25, 2025
Trump Admin Must Restore Aid By Wed. Night, Court Says
A Washington, D.C., federal judge on Tuesday gave the Trump administration until the end of Wednesday to restore hundreds of millions of dollars in foreign assistance funding, granting aid organizations' second request in a week to enforce the temporary restraining order.
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Pa. Biotech Co. Can't Escape $4M Trade Secrets Award
A Delaware vice chancellor declined Monday to nix a nearly $4 million arbitral award issued to Finnish company UPM-Kymmene Corp. in a long-running trade secrets dispute, ruling that a link between the arbitrator and the Finnish company's counsel at DLA Piper was "at most, an attenuated connection."
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February 25, 2025
Imported Copper May Face Tariffs Following New Trump Probe
President Donald Trump ordered an investigation of copper imports Tuesday, triggering a process that could result in new tariffs if the administration determines that U.S. reliance on overseas suppliers poses a threat to national security.
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February 25, 2025
New Mexico Pueblos Want In On Fed Mineral Lease Ban Suit
Two Native American pueblos have asked a New Mexico federal judge to let them intervene in a Navajo Nation suit seeking to undo a Biden administration order withdrawing federal land from new mineral leasing around Chaco Canyon, saying it is sacred to all pueblo people.
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February 25, 2025
Ala. Man Gets 5 Years For Sending Goods To Tehran
A federal court sentenced an Alabama man to five years in prison for sending United States goods to Tehran in violation of the International Emergency Economic Powers Act, the U.S. Department of Justice announced Tuesday.
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February 25, 2025
5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud
A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Spent Fuel Casks Are Taxable Real Property, NJ Court Rules
Storage casks housing highly radioactive spent nuclear fuel are subject to taxation as real property, the New Jersey Tax Court ruled Tuesday.
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February 25, 2025
Macquarie Investors Fight To Keep Stock-Drop Suit Alive
Investors accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business say that because the U.S. Supreme Court left most of their claims against the company intact, the district court should not grant dismissal on remand.
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February 25, 2025
Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose
California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.
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February 25, 2025
Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding
The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.
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February 25, 2025
K&L Gates Adds Kilpatrick Int'l Disputes Global Lead In DC
K&L Gates LLP announced it has hired the former leader of Kilpatrick Townsend & Stockton LLP's global international disputes group, who is joining the firm's energy, infrastructure and resources practice to work with power and utilities clients.
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February 24, 2025
US Steel, Nippon Urge Court Not To Toss Cleveland-Cliffs Suit
U.S. Steel and Nippon Steel have pressed a Pennsylvania federal court to leave intact their suit accusing Cleveland-Cliffs and United Steelworkers union leadership of illegally conspiring to prevent their planned $14.9 billion merger, arguing that they're trying to block an "unlawful agreement," not shut down political speech.
Expert Analysis
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Hawaii Climate Insurance Case Is Good News For Energy Cos.
The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Implications Of NY Climate Case For Generating Facilities
Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.