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Energy
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August 19, 2024
FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told
A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so.
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August 19, 2024
Red States Seek To Block Interior Mining Violation Rule
A coalition of Republican-led states has asked a D.C. federal court to block the U.S. Department of the Interior from implementing a rule that strengthens requirements for states to respond to federal and citizen notifications of possible violations of federal mining law.
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August 19, 2024
California Rips Challenge To Advanced Clean Fleets Regulation
California officials have urged a federal judge to toss a lawsuit from trade groups challenging new regulations requiring large commercial truck and bus fleets to start transitioning to electric and be completely zero-emission by 2036 and beyond, saying the mandates haven't even been enforced yet.
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August 19, 2024
ND Tribe Says State Has No Right To Riverbed Mineral Rights
The Mandan, Hidatsa and Arikara Nation says North Dakota has no claim to mineral rights beneath a portion of the Missouri River within the tribe's reservation, arguing that despite a federal opinion that held the property belongs to the tribe, the state has allegedly issued oil and gas leases for the site.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
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August 19, 2024
Conn. Agencies Defend Rebuff Of Utility's $131M Rate Increase
Three Connecticut agencies, including its utility rate watchdog, have defended the state's rejection of United Illuminating Co.'s proposed three-year rate increase of $131 million, saying in Connecticut state court that regulators properly trimmed the company's request to $23 million in its first year from its $90 million request.
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August 19, 2024
Ethanol Co. Investors Say $9M Arbitration Award Was Stolen
Class B members of a Colorado ethanol company claim they have been denied their share of a $9 million arbitration award resulting from an action against the managing entity of the company for allegedly engaging in a pay-to-play scheme with vendors in exchange for those vendors sponsoring a National Hot Rod Association team.
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August 19, 2024
Groups Urge EPA To Ban Dispersants Used In Deepwater Spill
Two advocacy groups on Monday petitioned the U.S. Environmental Protection Agency to immediately stop using two chemical dispersants that were used after the 2010 BP Deepwater Horizon oil disaster and that they say cause a variety of health problems including cancer.
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August 19, 2024
5th Circ. Won't Upend BP Win In Deepwater Cleanup Suit
The Fifth Circuit won't grant an extension on discovery deadlines to a worker who alleges he was harmed by exposure to toxins during the cleanup of the Deepwater Horizon oil spill, saying the discovery he seeks wouldn't be enough to save his suit against BP Exploration & Production Inc. and BP America Production Co.
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August 19, 2024
DQ'd Judge Should Have Kept Quiet, Tax Challengers Say
A Michigan federal judge who disqualified himself from homeowners' challenge to a $217 million dam repair tax assessment put his "thumb on the scale of justice" by improperly commenting on legal questions as he bowed out, according to homeowners seeking to have the comments rescinded.
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August 19, 2024
Hogan Boosts DC Energy, IP Teams With A&O Shearman Atty
Hogan Lovells has hired a new global regulatory and intellectual property practice partner, who is joining the firm in Washington, D.C., after a little more than two and half years with Allen Overy Shearman Sterling, Hogan Lovells announced Monday.
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August 19, 2024
Security Co. Can't Toss Worker's Sex Harassment Suit
A Maryland federal judge has declined to throw out the bulk of a woman's suit against a Baltimore utility and a security firm alleging that she was fired for ending a sexual relationship with her supervisor, only tossing her wrongful termination claim.
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August 19, 2024
HUD Joins 6-Year Strategy To Beat Extreme Heat
The U.S. Department of Housing and Urban Development said it's partnering with two dozen federal agencies for an initiative focused on implementing solutions for extreme heat dangers in communities.
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August 19, 2024
DTE Energy Looks To Sink Workers' Login Pay Suit
Energy company DTE Energy told a Michigan federal court that customer service employees who sued it for unpaid off-the-clock work received more than double the minimum wage and that federal labor law preempts their breach of contract claims, arguing their suit can't stand.
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August 19, 2024
Refiners Seek EPA Biofuel Reg Waiver, Citing Shortfall
A national trade group for refiners is asking a D.C. federal judge to order the U.S. Environmental Protection Agency to partially waive cellulosic biofuel blending requirements for 2023, arguing the agency overestimated how much would be available, causing refiners an estimated $237 million in compliance costs.
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August 19, 2024
Convenience Store Co. SQRL Hits Ch. 11 With Over $1B Debt
Convenience store chain SQRL Service Stations filed for Chapter 11 protection in Texas bankruptcy court with more than $1 billion of debt after fending off a pair of involuntary bankruptcies from its creditor.
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August 16, 2024
The Biggest Texas Rulings Of 2024: A Midyear Report
Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.
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August 16, 2024
SEC Climate Rules Backed By Wave Of Amici At 8th Circ.
The U.S. Securities and Exchange Commission has received a wave of support for its recently adopted climate disclosure rules from various consumer advocacy, environmental, investor and academic groups, which told the Eighth Circuit the measures are necessary and within the agency's authority.
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August 16, 2024
Stay Lifted On $110M Coal Co. Suit As Arbitration Drags On
A Missouri federal judge has grudgingly lifted a pause on litigation between several insurance companies and a St. Louis coal producer after its mines sustained more than $115 million in fire damage, saying it can pursue claims against domestic insurers separately from insurers seeking arbitration.
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August 16, 2024
Feds To Appeal Platinum Win Over Zero Loss, Count Toss
Federal prosecutors have notified the Second Circuit that they'll appeal a judge's findings that the loss amount in the case of Platinum Partners co-founder Mark Nordlicht was zero and the wire fraud conspiracy counts against Nordlicht and another would be dismissed, despite Nordlicht's conviction.
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August 16, 2024
Nikola, Romeo Power Targeted In Del. Derivative Complaint
A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.
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August 16, 2024
Deal Struck After Jury Clears US Well On Halliburton Patents
U.S. Well Services LLC and Halliburton Energy Services Inc. have agreed to a settlement in principle to resolve their long-running patent infringement dispute, which has seen several patents invalidated, according to a joint motion the parties filed after a jury cleared U.S. Well of infringing three still-registered Halliburton patents.
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August 16, 2024
6th Circ. Won't Rethink Sending Pipeline Fight To Mich. Court
The Sixth Circuit stood by a decision to send a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline back to a Michigan state court Friday, denying Enbridge's request for a hearing in front of the full appellate court.
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August 16, 2024
9th Circ. Upholds Tribe's Win In Washington Dam Suit
The Ninth Circuit on Friday upheld an order requiring that a Washington hydroelectric company alter its rock pile dam on the Puyallup River, handing another win to the Puyallup Tribe of Indians, which says the dam is threatening several species of endangered fish.
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August 16, 2024
New Study Sought On Uranium Mine Near Grand Canyon
Arizona Attorney General Kris Mayes is asking the U.S. Forest Service for an updated environmental impact study on the state's only working uranium mine at the center of a dispute with the Navajo Nation, saying the original assessment is based on outdated information about risks to the region's groundwater.
Expert Analysis
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.