Energy

  • March 18, 2025

    11th Circ. Upholds GE Arb. In Algerian Power Plant Lawsuit

    An Eleventh Circuit panel on Tuesday affirmed a lower court's ruling forcing reinsurers of an Algerian power plant into arbitration over a $28 million turbine failure, saying the plant's owner ultimately benefited from the services contract between General Electric and the plant operator.

  • March 18, 2025

    Simpson Thacher Gains Securitization Expert In NY

    A former Vinson & Elkins LLP aviation finance practice co-head has joined Simpson Thacher & Bartlett LLP as a New York partner, the firm said Tuesday.

  • March 18, 2025

    Pa. Shell Plant Workers Get Cert. For Commute Time Suit

    Hundreds of contractors who helped build Shell's petrochemical plant in Western Pennsylvania can be represented in a lawsuit seeking pay for extra time they spent being shuttled between the worksite and satellite parking, after a federal judge granted class certification Tuesday.

  • March 17, 2025

    Australian Miner Claims $42.7M Win In Congo Lithium Dispute

    An Australian mining company says it has won a €39.1 million ($42.7 million) award from the International Chamber of Commerce's arbitration court stemming from its ownership dispute with a Congolese majority state-owned lithium mining entity.

  • March 17, 2025

    Toyota Seeks Exit From Investors' Emission Tests Fraud Suit

    Toyota Motor Corp. has asked a California federal judge to dump a proposed class action alleging it deceived investors by failing to thoroughly investigate reports of falsified vehicle certification data, saying the plaintiffs have twisted executives' public statements to inflate their securities fraud claims.

  • March 17, 2025

    Exxon Committed 'Straightforward Fraud,' Investors Say

    Exxon Mobil Corp. investors told a Texas federal court that the energy giant's antics surrounding its operations in Kearl Lake amount to a "straightforward fraud," and that the court should reject Exxon's bid for judgment as a matter of law.

  • March 17, 2025

    Wash. AG Backs Tribe's $400M Trespass Win Against BNSF

    The state of Washington has said the Ninth Circuit should uphold a trial judge's ruling that BNSF Railway Co. owes nearly $400 million for years of illegally running oil cars across tribal territory, arguing in an amicus brief the railroad must be held accountable for perpetuating "a pattern of disregard for the sovereignty of Native people."

  • March 17, 2025

    Energy Co. Urges FERC To End $1B Enforcement Case

    An energy efficiency aggregator on Monday urged the Federal Energy Regulatory Commission to drop its pursuit of nearly $1 billion in penalties for disputed market manipulation and tariff violations, an enforcement case the company has already asked a federal judge to declare unconstitutional.

  • March 17, 2025

    Split 9th Circ. Won't Halt Federal Workers Reinstatement Order

    A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."

  • March 17, 2025

    Union, Green Groups Fight EPA Bid To Redo Biden TSCA Rule

    Labor unions and green groups are asking the D.C. Circuit to reject the U.S. Environmental Protection Agency's bid to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.

  • March 17, 2025

    FERC Grid Upgrade Fight Has DC Circ. Judges Flummoxed

    D.C. Circuit judges appeared to struggle Monday with how to determine ownership of new grid upgrades needed for a Michigan solar farm as they consider a transmission company's challenge to the Federal Energy Regulatory Commission's refusal to grant it sole ownership.

  • March 17, 2025

    NJ Offshore Wind Farm Permit Pulled Over Trump Orders

    An environmental permit for a wind power facility off the New Jersey shore has been sent back to regulators for reconsideration in light of President Donald Trump's executive order temporarily halting all offshore wind leases for review, according to a federal environmental appeals board order.

  • March 17, 2025

    Chevron Buys 5% Of Hess With 'Confidence' In Merger Close

    Chevron Corp. disclosed Monday that it has purchased 4.99% of Hess Corp.'s outstanding common stock, a move that signals the oil giant's "continuing confidence" in completing its pending $53 billion acquisition of Hess despite ongoing arbitration challenges.

  • March 17, 2025

    Activist Investor Calls For Reconstitution Of Parkland's Board

    Activist hedge fund Engine Capital on Monday called for a comprehensive reconstitution of Calgary, Alberta-based Parkland Corp.'s board of directors, saying that the current board has overseen "meaningful underperformance" and demonstrated "zero interest" in engaging with its shareholders.

  • March 17, 2025

    High Value Dubious In $23M Easement Dispute, 11th Circ. Told

    A partnership that claimed a $23 million tax deduction for a conservation easement donation failed to consider the lack of market demand for a potential quarry it used to justify the land's high value, the U.S. government told the Eleventh Circuit.

  • March 17, 2025

    Brightmark Puts Indiana Plastic Recycling Plant Into Ch. 11

    Recycling company Brightmark LLC has put certain units into bankruptcy in Delaware in order to keep its Indiana plastics processing center operational as it pursues a sale.

  • March 14, 2025

    ExxonMobil Brings $14M Clean Air Act Suit To High Court

    ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.

  • March 14, 2025

    Judge Backs Conn. Utility's $2M Enviro Penalty In Rate Hike Row

    An Avangrid Inc. unit must suffer a roughly $2 million annual penalty for failing to remediate pollution at the defunct English Station power plant in New Haven, Connecticut, a judge has ruled as part of a broader order that upholds most of the state utility regulator's decision to slash a requested $131 million rate hike.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Coal Co. Asks To Halt Hong Kong Arbitration In Shipping Row

    A Pennsylvania coal company has urged a Virginia federal court to halt arbitration initiated in Hong Kong by a British shipping company over an onboard explosion during a shipment, saying it never agreed to arbitrate any disputes.

  • March 14, 2025

    Reed Smith To Fight Removal In $102M Shipping Award Suit

    A New York federal judge has paused his order removing Reed Smith LLP as counsel for the former owners of reorganized international shipping group Eletson Holdings in litigation over a $102 million arbitral award while the BigLaw firm appeals the decision to the Second Circuit.

  • March 14, 2025

    5th Circ. Affirms Energy Exec's Insider Trading Conviction

    The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.

  • March 14, 2025

    DC Circ. Asks If FERC Oil Orders Are In Its Purview

    The D.C. Circuit is questioning its own decades-long practice of reviewing orders from the Federal Energy Regulatory Commission that help determine the cost of transporting oil through pipelines, asking litigants whether it has jurisdiction to consider an appeal nearing its conclusion.

  • March 14, 2025

    Green Groups Sue Fed. Agencies Over Frozen Funding

    Environmental groups sued five federal government agencies and their leaders, alleging they illegally froze congressionally approved funding and are hampering the organizations' work.

  • March 14, 2025

    Halliburton Rival Loses Fracking Claims At Fed. Circ.

    The Federal Circuit has affirmed findings in Halliburton's favor at the Patent Trial and Appeal Board that came after the company challenged claims in patents covering electric pumps used in hydraulic fracturing.

Expert Analysis

  • Trump's Energy Plans For Generation, Transmission And More

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    The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.

  • What Nearshoring Growth In Americas Means For Patents

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    With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • How FTC Sent A $5.6M Warning Against Jumping The Gun

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.

  • The Blueprint For A National Bitcoin Reserve

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    The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Nixing NRC Oversight Of Small Reactors Could Cut Both Ways

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    A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • Proactively Managing Tariff Impacts On Megaprojects

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    President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.

  • New York Climate Superfund Law May Face Preemption Fight

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    New York state's new climate superfund law highlights a growing trend of states supplementing their climate litigation efforts with legislative initiatives — but it will likely encounter the same federal preemption questions raised about state and local lawsuits seeking redress for climate harms, say attorneys at ArentFox Schiff.

  • US-China Deal Considerations Amid Cross-Border Uncertainty

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    With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Updated FWS Regs Will Streamline Right-Of-Way Permitting

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    Although the U.S. Fish and Wildlife Service's final rule covering rights-of-way across lands administered by the service will bring increased up-front fees and stricter permit terms and conditions, it also provides a clearer application process and should reduce permitting delays and total costs, say attorneys at Holland & Hart.

  • Nippon, US Steel Face Long Odds On Merger Challenge

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    Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.

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