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Energy
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August 07, 2024
Pa. Resident Proposes Nuisance Action Over Shell Facility
A Beaver County, Pennsylvania, resident has filed an amended class action complaint claiming Shell Chemical Appalachia's operation of a petrochemical plant led to the release of noxious substances and other nuisances preventing people in the region from enjoying their properties.
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August 06, 2024
From Vets To Labor: The Policies VP Pick Walz Has Backed
Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.
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August 06, 2024
3 Firms Guide AI-Focused Semiconductor Maker's SPAC Deal
Special-purpose acquisition company byNordic Acquisition Corp. said Tuesday it plans to acquire and take public an artificial intelligence-focused subsidiary of Sivers Semiconductors AB through a deal advised by three law firms.
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August 06, 2024
Enviro Groups Seek Penalties For Suncor Refinery Pollution
Environmental justice groups sued Suncor Energy USA Inc. on Tuesday seeking civil penalties on behalf of people exposed to air pollution near an oil refinery, contending that federal and state regulators have failed to stop the company's ongoing Clean Air Act violations.
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August 06, 2024
EPA Seeks DC Circ. Remand Of Good Neighbor Plan
The U.S. Environmental Protection Agency asked the D.C. Circuit to let it take a second look at its plan to reduce smog-forming emissions across several states, arguing a remand is necessary to solve issues recently identified by the U.S. Supreme Court.
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August 06, 2024
Fifth Third Bank Faces MDL Bid Over Allegedly Hidden Costs
A group of consumers is urging the Judicial Panel on Multidistrict Litigation to centralize in New Jersey five proposed class actions alleging Fifth Third Bank NA's solar panel financing business hid loan costs from consumers.
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August 06, 2024
Conn. AG Says Utility Misconstrued Power Plant Cleanup Deal
The Connecticut Attorney General's Office has told a state court that The United Illuminating Co., now part of Avangrid Inc., raised inapplicable defenses to an environmental cleanup lawsuit by misconstruing an earlier consent decree as a "contract" the government could breach as the utility remediated an abandoned New Haven power plant.
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August 06, 2024
Wind Tower Co. Asks Full Fed. Circ. To Revisit Subsidy Duties
A Federal Circuit panel wrongly concluded that a 10% depreciation rate for deducting costs related to manufacturing facilities set by Canadian law was an unfair trade subsidy that justified countervailing trade duties, a wind tower manufacturer told the court in seeking a rehearing.
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August 06, 2024
NJ Justices Remove 'Routine' Barrier To Compressor Hub
The New Jersey state appeals court misinterpreted the word "routine" in a decision that paused a plan for a natural gas compressor station in the Highlands Preservation Area, the state Supreme Court ruled Tuesday.
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August 06, 2024
10th Circ. Says Union Contract Legally Imposed On Okla. Co.
An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.
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August 06, 2024
SEC Defends Climate Disclosure Rules At 8th Circ.
The U.S. Securities and Exchange Commission on Tuesday cited the U.S. Supreme Court's decision axing Chevron deference and the agency's 50-plus year history of considering additional environmental-related disclosures in an effort to defend its recently adopted climate disclosure rules.
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August 06, 2024
Wash. Appeals Court Reverses On Gas Chain Owing State Tax
A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.
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August 06, 2024
Ariz. Tribe Seeks To Block Lithium Exploration Project
An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.
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August 06, 2024
DC Circ. Axes FERC Reauthorizations For Texas LNG Projects
The D.C. Circuit on Tuesday vacated reauthorization orders that the Federal Energy Regulatory Commission issued for liquefied natural gas projects on the Texas Gulf Coast over environmental analysis deficiencies.
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August 06, 2024
39 Law Firms Call On 6th Circ. To Reverse FirstEnergy Ruling
Dozens of law firms have signed on to an amicus curiae brief urging the Sixth Circuit to reverse a decision in a FirstEnergy shareholder litigation, the latest voices in the legal, insurance and business communities to call on the appellate court to reverse an Ohio federal judge's ruling they warn will threaten attorney-client privilege.
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August 06, 2024
Exxon Assistant GC Jumps To Duane Morris As Trial Partner
A longtime attorney at Exxon Mobil Corp. has made the move from in-house to private practice at Duane Morris LLP to begin the next chapter of his career.
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August 07, 2024
Simpson Thacher Pilots Stonepeak's $3B Opportunities Fund
Private equity firm Stonepeak, advised by Simpson Thacher & Bartlett LLP, raised $3.15 billion for a fund dedicated to opportunistic investing in the infrastructure sector, beating the fund's target by over $600 million, according to a Tuesday announcement.
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August 06, 2024
Solar Tech Co. SunPower Hits Ch. 11 With $2B Of Debt
Residential solar technology company SunPower Corporation filed for Chapter 11 protection in Delaware with more than $2 billion of funded debt obligations and plans for an asset sale.
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August 06, 2024
Paul Hastings Gains Tax Pro In Dallas From McDermott
Paul Hastings announced Tuesday that its meteoric growth in Texas is continuing with the addition of a partner in Dallas who strengthens its global tax practice and came aboard from McDermott Will & Emery LLP.
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August 06, 2024
Energy Dept. Awards $2.2B For 8 Grid Upgrade Projects
The U.S. Department of Energy on Tuesday awarded $2.2 billion of congressional funding for an eight-pack of electric grid projects, including $700 million for a transmission line that would create a new link between the western and eastern portions of the U.S. grid.
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August 05, 2024
Abandoned Gas Wells Class Action Survives 4th Circ. Battle
The Fourth Circuit on Monday rejected EQT Corp.'s and Diversified Energy Co.'s efforts to evade a proposed class action filed by West Virginia property owners who allege they've been harmed by abandoned oil and gas wells.
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August 05, 2024
GSA Makes First Tribal Carbon-Free Electricity Purchase
A Seneca Nation holding company is the first tribal majority-owned business to be awarded a bid from the U.S. General Services Administration to sell carbon pollution-free electricity to the federal agency, a move that's been in the works since at least April.
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August 05, 2024
Nondisclosure Led To 'Apparent Bias' In Nigeria Oil Case
A London court has ordered a tribunal to reconsider an arbitral award issued in a $2 billion case over a funding deal for Nigerian oil fields, ruling that a since-replaced arbitrator had wrongly failed to reveal the total extent of her relationship with Freshfields Bruckhaus Deringer LLP.
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August 05, 2024
SEC Nabs $1M Default Win Against Fuel Tech Co.
A fuel and gas company previously known as Taronis Technologies Inc. must pay a $1 million civil penalty after disregarding U.S. Securities and Exchange Commission allegations it touted nonexistent or exaggerated customer relationships with big customers, including Turkey's government and food processor Smithfield.
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August 05, 2024
Petrobras Manipulating US Law For $2B, 5th Circ. Hints
A Fifth Circuit judge accused a Brazilian state-owned oil company subsidiary of "hiding behind the corporate structure," saying during oral arguments on Monday that subsidiary Petrobras America Inc. was seemingly manipulating American law for treble damages totaling nearly $2 billion stemming from allegations of bribery.
Expert Analysis
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
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.
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Best Practices For Chemical Transparency In Supply Chains
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.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
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.
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How Associates Can Build A Professional Image
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.