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Energy
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July 24, 2024
Digital Info Not Covered By Smuggling Law, Ky. Court Holds
A Kentucky federal judge has ruled that digital information isn't covered by the federal smuggling statute and dismissed a charge against a magnetics manufacturer and two executives accused of emailing magnet schematics to Chinese companies.
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July 24, 2024
IRS Sets Criteria For Carbon Capture Credit Life Cycle Report
The Internal Revenue Service detailed standards and procedures Wednesday for a written report on a carbon sequestration facility's greenhouse gas emissions that project owners must submit and get agency approval on before claiming the carbon oxide tax credit.
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July 24, 2024
Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid
Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.
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July 24, 2024
EPA Moving Toward New Regulations For 5 Chemicals
The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.
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July 23, 2024
Knives Out For Another Pro-Agency Landmark After Chevron
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.
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July 23, 2024
Sidley, Cooley Craft Filter Maker's $1B Sale To IDEX Corp.
Specialty equipment maker IDEX Corp. will buy industrial filter manufacturer Mott Corp. and its subsidiaries in a $1 billion all-cash deal led by Sidley Austin LLP and Cooley LLP, the companies announced Tuesday.
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July 23, 2024
House Panel Weighs New Rail Safety Regs After East Palestine
The fiery Norfolk Southern derailment in East Palestine, Ohio, last year has created new urgency for strengthening federal standards for tank car designs, rail safety technology, track inspection protocols and classifying hazardous materials-carrying trains, industry experts told a House subcommittee Tuesday.
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July 23, 2024
Red States Seek High Court Stay Of EPA Power Plant Rule
Dozens of red states Tuesday urged the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, four days after the D.C. Circuit rejected a stay request.
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July 23, 2024
Feds Get OK To Seek Title To ND Riverbed For Mineral Rights
The federal government can add a cross-claim against North Dakota in litigation over who owns mineral rights beneath a portion of the Missouri River, a D.C. federal judge ruled Tuesday, clearing the way for the United States to seek a court order declaring that the riverbed is held in trust for the Mandan, Hidatsa and Arikara Nation.
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July 23, 2024
Ariz. Justices OK Use Of Power Deal In Plant's Valuation
An Arizona power plant's income from a power purchase agreement may be considered in the income analysis of the valuation of the property, the state Supreme Court said, sending the matter back to the state tax court.
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July 23, 2024
Regional Electric Co-Op Sues Power District Over Unpaid Bills
A regional electric cooperative based in Colorado has filed a lawsuit in Colorado federal court against a Nebraska public power district, alleging the Nebraska entity is refusing to pay for more than $1 million of electricity it bought from the regional cooperative this year.
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July 23, 2024
Feds Urge Final Toss Of Youths' Constitutional Climate Suit
The U.S. government called on a California federal judge to reject an attempt by youth plaintiffs to amend their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests, saying they have alleged no harm from the policies they seek to enjoin.
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July 23, 2024
Stay Of Power Plant Mercury Rule Unwarranted, EPA Says
The U.S. Environmental Protection Agency, joined by states, cities and public health and environmental groups, is urging the D.C. Circuit not to block a new rule tightening standards for mercury and other toxic metal emissions from some coal-fired power plants.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
Insurers Must Defend Well Driller In Lead Contamination Suit
Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.
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July 23, 2024
Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit
The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."
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July 23, 2024
EPA Says High Court's Chevron Ruling Doesn't Doom Air Rule
The U.S. Environmental Protection Agency on Monday told the Fifth Circuit that a U.S. Supreme Court decision eliminating judges' obligation to defer to federal agencies in rulemaking litigation does not impact its decision to reject states' ozone air pollution plans.
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July 23, 2024
Feds Say Student Must Fight Sanctions In Treasury, Not Court
The White House told a D.C. federal court that an international student can't sue over being blacklisted based on her father's business dealings in Myanmar, as she hadn't yet challenged the sanctions through an agency appeals system.
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July 23, 2024
Orrick Hires Ex-Winston & Strawn Tax Partner In Chicago
Orrick Herrington & Sutcliffe LLP announced the hiring of a former partner at Winston & Strawn LLP for its renewables tax equity and tax credit team.
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July 22, 2024
EPA Awards $4.3B In Grants For Climate Change Projects
The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.
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July 22, 2024
Gazprom Unit Illegally Seized Helium Containers, Linde Says
Linde Inc. sued RusChemAlliance and Gazprom in New York federal court Friday alleging they illegally seized helium containers in Russia as collateral in an unrelated contractual fight they have with nonparty engineering firm Linde GmbH over gas plant projects shuttered amid expanded sanctions against Russia following its invasion of Ukraine.
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July 22, 2024
Gov't Wants Protest Over $186M In DOD Fuel Deals Thrown Out
The Defense Logistics Agency has urged the Court of Federal Claims to dismiss a protest alleging it wrongly ignored misconduct by companies awarded $186 million in fuel delivery deals, saying it adequately investigated the claims and found nothing untoward.
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July 22, 2024
Jury Delivers $138M Verdict In Bitcoin Mining Consultant Suit
A California federal jury unanimously found bitcoin mining firm Marathon Digital Holdings Inc. liable for nearly $139 million in damages over allegedly breaching a consultant's contract when it cut him out of the deal he brought to the firm.
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July 22, 2024
Insurer Says Bank Must Pay Its $1.1M Drawdown Request
A surety for an oil and gas operator that has recently sought Chapter 11 protection told a Washington federal court that a bank has repeatedly failed to hold up its end of an "irrevocable letter of credit," alleging the bank owes it over $1.1 million.
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July 22, 2024
Fifth Third Sued In $20M Escrow Dispute Over Dividend Solar
A private equity seller of a solar panel fintech lender that Fifth Third Bank bought in 2022 has sued the bank in New York federal court to free up $20 million in indemnity escrow funds that it alleges the bank has tried improperly to withhold over state investigations tied to the fintech.
Expert Analysis
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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EPA Chemical Safety Rule Raises Questions About Authority
Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Tips For Balanced Board Oversight After A Cyberincident
The U.S. Securities and Exchange Commission's cybersecurity disclosure rules, as well as recent regulatory enforcement actions bringing board governance under scrutiny, continue to push boards toward active engagement in relation to their cyber-oversight role, despite it being unclear what a board's level of involvement should be, say attorneys at Alston & Bird.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.