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Energy
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January 13, 2025
On Cross, Madigan Says He Merely Helped Job-Seekers
Former Illinois House Speaker Michael Madigan distanced himself Monday from political allies who prosecutors say bribed him for jobs and other benefits, saying his recommendations were just that, and that he thought he was effective in shutting down a former alderman's quid pro quo suggestion.
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January 13, 2025
Judge Spikes Challenge To Ga. Utility Commish Elections
A federal judge on Monday tossed a lawsuit that challenged the extension of terms for members of Georgia's utility regulatory commission while its elections were suspended by voting rights litigation, clearing the way for its members to return to the ballot next year.
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January 13, 2025
FERC Defends Limited Review Of Cross-Border Gas Pipeline
The Federal Energy Regulatory Commission told the D.C. Circuit it properly confined its review of a gas pipeline that crosses the Texas-Mexico border to a 1,000-foot segment known as a border facility, arguing that regulating the entire U.S. segment would exceed the agency's authority.
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January 13, 2025
Colombian Refinery Co. Gets $1B McDermott Award OK'd
Colombia's state-owned oil company on Friday won enforcement of a $1 billion arbitral award issued against Dutch and British units of Texas-based construction firm McDermott International following a dispute over a refinery modernization project.
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January 13, 2025
Colo. Justices Reject Co.'s Challenge To Storm Gas Bill
Colorado's highest court on Monday rejected a building materials company's challenge to charges on its electric bill related to extra natural gas purchased ahead of a 2021 winter storm, finding the company presented no facts to back its claim that the charges amounted to an unconstitutional taking.
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January 13, 2025
SoCal Edison Hit With Flurry Of Suits Over Eaton Fire
Southern California Edison was hit with multiple lawsuits by Altadena fire victims in California state court Monday, accusing the investor-owned public utility of negligently managing power-line equipment that on Jan. 7 purportedly sparked the Eaton Fire, which has already damaged over 7,000 structures and killed at least 16 individuals.
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January 13, 2025
Justices Won't Grab The State Climate Tort Reins, For Now
The U.S. Supreme Court appears unwilling to determine the fate of climate change lawsuits against fossil fuel companies until state courts have at least grappled with the substance of the allegations made by state and local governments.
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January 13, 2025
NJ Groups Sue To Revoke Offshore Wind Farm Approvals
A group of environmental and business organizations are alleging in New Jersey federal court that federal approvals awarded to a Shell-backed developer's offshore wind projects violate a number of environmental statutes, and they are looking to halt the construction of two offshore wind facilities located just under nine miles off the Garden State coast.
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January 13, 2025
Manufactured Housing Groups Seek Early Win Against DOE
Two manufactured-housing trade groups pushed for an early win in Texas federal court in their suit against the U.S. Department of Energy over an energy conservation rule for manufactured housing that the groups claimed failed to hit "a rational balance between energy conservation and affordable housing."
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January 13, 2025
Sunoco Wants More From Butane Blending Infringement
Sunoco told a Federal Circuit panel that a Delaware jury vastly undervalued its patented system for blending butane with gasoline when it awarded just $12 million in damages for infringement by Magellan Midstream and its joint venture, claiming the district court unfairly excluded its expert's analysis, driving the undercount.
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January 13, 2025
Trump Taps Gibson Dunn Partner For EPA's No. 2 Post
President-elect Donald Trump said he intends to nominate David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post during his administration.
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January 13, 2025
Colo. Justices To Consider When Late Filings Are Excusable
The Colorado Supreme Court on Monday agreed to hear an oil company's case arguing its "minor" mistake of filing an appeal with a trial court, which was refiled the day after a deadline, should be excused.
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January 13, 2025
Attys Seek $4.4M In Fees For Gas Well Plugging Settlement
Attorneys from Bailey & Glasser LLP and Appalachian Mountain Advocates asked a West Virginia federal court for $4.4 million in fees, in a settlement that will require Diversified Energy Co. to more than quadruple its plans for plugging inactive oil and gas wells it had obtained from EQT in six states.
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January 13, 2025
Natural Gas Exporter Venture Global Gears Up For $2.2B IPO
Liquefied natural gas producer Venture Global Inc. on Monday launched plans for an estimated $2.2 billion initial public offering, potentially marking the year's first billion-dollar-plus listing, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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January 13, 2025
Dems Seek Postponement Of Interior Secretary Hearing
Democrats on the U.S. Senate's Energy and Natural Resources Committee on Monday asked for the nomination hearing for secretary of the U.S. Department of the Interior to be delayed, claiming they haven't received the requisite documents.
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January 13, 2025
CFIUS Grants Nippon, US Steel Extension To Abandon Deal
The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.
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January 13, 2025
Justices Reject Utah's Effort To Wrest Land From Feds
The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.
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January 13, 2025
Justices Pass On Challenge To Mass. Offshore Wind Project
The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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January 13, 2025
Justices Again Refuse To Review State Climate Torts
The U.S. Supreme Court on Monday again refused to wade into climate change tort litigation brought by state and local governments against fossil fuel companies, rejecting a request by energy giants to nix a suit lodged by Honolulu.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
Trade Deadline Fight Causes Headaches With Fed. Circ. Panel
A Federal Circuit panel seemed increasingly frustrated Friday as attorneys for both the U.S. Department of Commerce and a company it says should face adverse inferences for missing filing deadlines talked in circles about when such a significant penalty is proper.
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January 10, 2025
Shoals Again Accuses Voltage Of Patent Infringement At ITC
Tennessee-based Shoals Technologies Group has launched another legal battle at the U.S. International Trade Commission claiming that North Carolina solar provider Voltage LLC infringed its intellectual property relating to solar power installations.
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January 10, 2025
FAR Council Pulls Proposed GHG Emissions Disclosure Rule
The Federal Acquisition Regulatory Council on Friday withdrew a pending rule that aimed to require "major" federal contractors to publicly disclose their greenhouse gas emissions and to set emissions reduction targets, saying the Biden administration lacks sufficient time to finalize the proposal.
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January 10, 2025
NC Co. Sues State, Duke Energy Over Lake Bed Compensation
A North Carolina company is suing the state and Duke Energy Carolinas LLC in North Carolina federal court for compensation, after a state high court took away its lake bed parcel following a land dispute with the energy company and other parties.
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January 10, 2025
Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says
Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.
Expert Analysis
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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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.