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Energy
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October 04, 2024
4 Firms Guide On $1.7B Coeur-SilverCrest Metals Merger
Chicago-based Coeur Mining Inc. said Friday it has agreed to buy Canada's SilverCrest Metals Inc. in an all-stock deal worth $1.7 billion, in a transaction steered by four law firms that will create a global silver mining leader with the addition of SilverCrest's key Mexico assets.
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October 04, 2024
High Court Will Review 5th Circ. Bar On Nuclear Waste Site
The U.S. Supreme Court on Friday said it will review the Fifth Circuit's decision to bar the U.S. Nuclear Regulatory Commission from issuing a license to a temporary nuclear waste storage facility in Texas.
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October 03, 2024
Ill. Top Court Asked To Restore $7B Power Line Permit
Illinois utility regulators on Thursday urged the state's top court to reverse a lower court's decision striking a key permitting decision for part of the $7 billion Grain Belt Express high-voltage transmission line, saying the faulty ruling threatens the legislature's clean energy goals.
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October 03, 2024
Fifth Third Bank Solar Panel Loan MDL Centralized In Minn.
A collection of proposed class actions accusing Fifth Third Bank NA of hiding loan costs from customers will be consolidated in Minnesota, the Judicial Panel on Multidistrict Litigation ruled Thursday, noting that the judge assigned hasn't presided over an MDL yet.
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October 03, 2024
NC Woman Sues Duke Energy Over Coal Ash Management
A Catawba County woman has hit Duke Energy with a lawsuit in a North Carolina state court asserting that contamination stemming from its management of coal ash waste caused her to develop kidney cancer.
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October 03, 2024
Colo. Billionaire's Brief Sparks Call For Gorsuch Recusal
A Colorado billionaire once hired U.S. Supreme Court Justice Neil Gorsuch as a budding young lawyer, later campaigned for the future justice's first judicial appointment and subsequently urged the court to loosen requirements for federal environmental reviews — all of which has sparked a call for the justice to bow out of one of the upcoming term's key cases.
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October 03, 2024
DOJ, Microsoft Disrupt Russian Hacking Group's Efforts
The U.S. Department of Justice and Microsoft Corp. announced Thursday the seizure of more than 100 websites allegedly used by Russian intelligence agencies and their proxies to orchestrate hacking campaigns aimed at stealing valuable information from federal government agencies, journalists, think tanks and other organizations.
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October 03, 2024
Energy Dept. Hands Out $1B Loan For EV Charging Expansion
The U.S. Department of Energy announced on Thursday that it has made a conditional commitment for a loan guarantee of up to $1.05 billion aimed at expanding public electric vehicle charging infrastructure across the country.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
EPA Can Protect Records In Pebble Mine Fight, Judge Says
The U.S. Environmental Protection Agency has secured a blanket protection order on all administrative records that may be subject to copyright protection in litigation brought by Alaska seeking to challenge the agency's veto of the controversial Pebble Mine.
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October 03, 2024
Hecla Avoids Investor Suit Over $462M Gold Mine Buy
A gold mining operation secured the permanent dismissal of an investor suit alleging that $462 million in new mines the company bought in Nevada that were supposed to be lucrative turned out to be duds, with a New York federal judge finding the investors failed to plead any actionable false or misleading statements.
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October 03, 2024
Sens. Question If Payouts Taint Execs' Push For US Steel Deal
Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.
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October 03, 2024
Ex-US House Energy Committee Atty Joins Foley In DC
Foley & Lardner LLP has announced that a former senior counsel to the U.S. House Committee on Energy and Commerce joined the firm's Washington, D.C., office as counsel in its public policy and government relations practice group.
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October 03, 2024
Southwestern's GC To Lead Combined Gas Co.'s Legal Team
Expand Energy, which formed this week from the merger of U.S. natural gas producers Chesapeake Energy and Southwestern Energy, has picked the general counsel of one of the former entities to lead its legal department, according to a recent securities filing.
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October 03, 2024
Ohio Justices Reject Neighbor's Objection To Gas Pipeline
The Ohio Supreme Court on Thursday affirmed a state siting board's accelerated approval for a NiSource unit's 3.7-mile natural gas pipeline in the city of Maumee, rejecting a commercial property owner's claims that the project's risks were not adequately considered.
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October 03, 2024
King & Spalding RE Pro Rejoins Barnes & Thornburg In Dallas
Barnes & Thornburg LLP announced that a former partner has rejoined the firm's real estate department from King & Spalding LLP, adding that the returning attorney's practice centers on commercial real estate and real estate finance.
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October 03, 2024
Citgo Will Increase Pensions $10M To End Mortality Table Suit
Citgo will increase the value of pensioners' retirements by $10 million to settle a class action alleging it shorted early retirement payouts by basing the allowances on outdated mortality tables that used data from the 1970s, according to filings in Illinois federal court.
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October 03, 2024
Energy Dept. Awards $1.5B For 4 Power Line Projects
The U.S. Department of Energy on Thursday handed out $1.5 billion in Congressional funding for a quartet of long-distance transmission projects, as well as a study that calls for a massive expansion of the U.S. electric grid over the next 25 years.
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October 02, 2024
Former C-Quest Capital CEO Indicted For Carbon Credit Fraud
Federal prosecutors in New York on Wednesday announced criminal charges against Kenneth Newcombe, the former chief executive officer of carbon project developer C-Quest Capital, accusing him of scheming to submit altered data relating to cookstove projects abroad to obtain millions of dollars worth of carbon credits.
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October 02, 2024
BRG Hires Alvarez & Marsal Arbitration Pro In Houston
Global consulting firm Berkeley Research Group said Wednesday it has added an arbitration expert from consultant Alvarez & Marsal Holdings LLC to its international arbitration and cross-border disputes offerings, as well as its energy and climate practice.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
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October 02, 2024
Judge Nixes Alta Mesa Trustee's Clawback Suit
A Texas bankruptcy judge has ended efforts by the litigation trustee for defunct oil and gas company Alta Mesa Resources Inc. to claw back money from its predecessor's shareholders, finding that they did not directly benefit from contracts that boosted the value of the company before it was later taken public in a reverse merger.
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October 02, 2024
U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant
U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.
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October 02, 2024
Enviro Groups Seek To Defend EPA's Veto Of Pebble Mine
A slew of environmental groups have called on an Alaska federal judge to let them defend the U.S. Environmental Protection Agency's decision to block a plan to build the controversial Pebble Mine, saying they want to protect the Bristol Bay headwaters from the mine's "devastating and unavoidable adverse impacts."
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October 02, 2024
Enviro Groups Step Up Effort To Block JBS' US Listing
Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.
Expert Analysis
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Key Insurance Considerations After $725M Benzene Verdict
The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Contractors Must Prep For FAR Council GHG Emissions Rule
With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Opinion
We Need A Legislative Path To Power Plant Emissions Cuts
With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Decoding Arbitral Disputes: The Benefits Of Non-EU Venues
In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.