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Energy
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July 10, 2024
NC Utility's PFAS Suit Survives Dismissal Bid
A water utility suing the Chemours Co., Corteva Inc. and E. I. du Pont de Nemours and Co. Inc. over forever chemical contamination stemming from the Fayetteville Works plant in eastern North Carolina saw a number of claims survive their bid to have its suit thrown out.
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July 10, 2024
Kirkland, Skadden Steer $1.8B Honeywell Natural Gas Biz Deal
Kirkland & Ellis LLP-led Honeywell said Wednesday it has agreed to acquire Air Products' liquefied natural gas process technology and equipment business for $1.81 billion in an all-cash transaction, with Skadden Arps Slate Meagher & Flom LLP sitting on the other side of the bargaining table.
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July 10, 2024
DC Circ. Won't Block EPA Methane Rule
The D.C. Circuit rejected states and industry groups' efforts to block the implementation of the U.S. Environmental Protection Agency's final rule establishing expanded methane emissions control requirements for oil and gas infrastructure.
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July 10, 2024
DOI Pledges $120M For Tribal Climate Resiliency Efforts
The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.
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July 09, 2024
Ex-Shareholders Say Russia Can't Relitigate $50B Decision
Former shareholders of Yukos Oil Co. have asked the D.C. Circuit for permission to respond to Russia's latest arguments against enforcement of $50 billion in arbitral awards against it, saying the country can't relitigate its previous agreement before an international tribunal in The Hague to arbitrate.
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July 09, 2024
3rd Circ. Says Creditor Can't Get Privileges In Citgo Sale
The Third Circuit on Tuesday nixed a bid by a creditor owed some $260 million by Venezuela's state-owned oil company for special participation privileges as an auction looms for Citgo's parent company to satisfy billions of dollars in Venezuelan debt.
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July 09, 2024
Fuel Groups Ask Justices To Revisit Calif. Clean Air Act Waiver
Fuel producers and industry groups called on the U.S. Supreme Court to review the D.C. Circuit's decision to uphold the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program.
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July 09, 2024
'Plain English, Graphics, Pictures': Enviro Policy Post-Chevron
Environmental policymakers will have to start writing their rules using "plain English, graphics, pictures" and other tactics to make the rationale behind agency and congressional policy crystal clear to judges in the wake of the U.S. Supreme Court's recent decision striking down Chevron deference, attorneys told Law360.
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July 09, 2024
1st Circ. Revives Debt Harass Claims Against National Grid
The First Circuit on Tuesday revived a proposed class action against National Grid USA Service Company Inc. and two debt collection firms whose multiple calls per day to a Massachusetts customer in 2017 and 2018 allegedly violated the state's consumer protection law.
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July 09, 2024
Texas Refinery Says EPA Needs To Rule On CAA Exception
A small refinery based in Sugar Land, Texas, says the U.S. Environmental Protection Agency did not meet its deadline to rule on whether the refinery can get an exemption to federal renewable fuel requirements, telling a Texas federal court Monday the agency was damaging its business.
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July 09, 2024
Experts Lose EPA Scientific Panel 'Echo Chamber' Lawsuit
The D.C. Circuit has tossed a lawsuit alleging that the U.S. Environmental Protection Agency illegally created a scientific "echo chamber" by not selecting experts with an industry background to serve on an air quality advisory committee.
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July 09, 2024
House Dems Seek Info From DOI Over Alleged Shale Cartel
House Democrats sitting on the House Natural Resources Committee penned a letter Tuesday seeking information from the U.S. Department of the Interior concerning eight oil companies accused of colluding with the Organization of Petroleum Exporting Companies to artificially inflate gas prices.
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July 09, 2024
5th Circ. Skeptical Of Nixing ESG Rule Despite Chevron's End
A Fifth Circuit panel appeared unlikely Tuesday to knock out a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, although one judge seemed to support vacating a lower court's decision upholding the regulation in light of the Chevron doctrine's demise.
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July 09, 2024
'ComEd Four' To Renew Acquittal Bid After Bribery Ruling
An Illinois federal judge effectively pushed the next ruling in the criminal case against former Commonwealth Edison CEO Anne Pramaggiore and her three co-defendants to at least winter, as the defendants vowed to renew their acquittal bid in the wake of the U.S. Supreme Court's ruling finding that federal bribery law doesn't criminalize rewards given after an official act.
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July 09, 2024
Fla. Agrees To Stronger CWA Protections For Piney Point Site
Conservation groups said they've reached an agreement with the Florida Department of Environmental Protection to settle litigation over a phosphogypsum facility in Manatee County, with state regulators agreeing to a draft Clean Water Act permit for the site.
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July 09, 2024
BP Unit Slams 'Farfetched' $300M Franchise Termination Suit
The trio of companies that sued a BP subsidiary for terminating their truck stop franchise agreement have no claim to make, the BP unit has told an Ohio federal court, arguing that by their own admission the companies failed to hold up their end of the agreement at issue.
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July 08, 2024
Gas Cos. To Pay $1M For Emissions Leaks At Colo. Plant
The U.S. Environmental Protection Agency and the state of Colorado have reached a settlement with a Colorado natural gas plant to resolve years of emissions leaks and regulatory violations that resulted in excess air pollution, according to a consent decree filed in federal court Monday.
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July 08, 2024
2nd Circ. Lets Rail Co. Retool Suit Against Big Banks
The Second Circuit on Monday restored Eddystone Rail Co. LLC's lawsuit targeting Bank of America NA and other banks for their alleged roles helping an oil transportation and logistics company evade liability in a roughly $140 million contract dispute, reasoning that the rail company still has time to amend its complaint.
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July 08, 2024
Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win
A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.
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July 08, 2024
3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight
The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.
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July 08, 2024
Carriers Seek Reimbursement For $1.3B LNG Explosion
Insurers for the owner of a liquefied natural gas export facility have accused a bankrupt contractor and its joint-venture partners of negligently causing a costly explosion by failing to implement proper safety instrumentation, seeking reimbursement for their coverage payments after the facility owner said it lost over $1.3 billion.
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July 08, 2024
Biotech Co. Alleges Arbitrator Conflict In Patent Award Fight
Pennsylvania-based biotechnology company Renmatix Inc. is urging the Delaware Court of Chancery to nix an arbitral award favoring Finnish company UPM-Kymmene Corp. in a long-running patent dispute, pointing to an allegedly undisclosed conflict of interest involving the Finnish company's counsel at DLA Piper.
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July 08, 2024
Maple Leaf Must Go The Way Of Chevron, Solar Cos. Say
Last month's U.S. Supreme Court decision overturning 40 years of judicial deference to federal agencies' read of statutes puts the Federal Circuit's own brand of executive branch acquiescence squarely on the chopping block, a solar industry group said Monday.
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July 08, 2024
Mining Co. Looks To Annul Romania's Arbitration Fees
Canadian mining company Gabriel Resources Ltd., which is facing a major cash crunch after losing its $4.4 billion arbitration against Romania, said Monday it has filed an application requesting the annulment of a tribunal's costs award to the country.
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July 08, 2024
Ga. County Won't 'Sit On Its Hindquarters' In Battery Fire Fight
A Georgia county suing a battery manufacturer for a massive fire allegedly sparked by the illegal dumping of lithium-ion cells urged a Georgia federal judge Friday to spike the company's "absurd" bid to dismiss the suit, calling the effort "premature and meritless."
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules
Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Opinion
Farm Bill Gives Congress 2024's Biggest Enviro Opportunity
A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.
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What To Expect From High Court In Corp. Disclosure Case
Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.
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After Watershed Year, Clean Hydrogen Faces New Challenges
Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.
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A Potential Proactive Tool For Public-Private Joint Ventures
In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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FERC Actions Signal Concern Over Investors' Utility Stakes
Two recent orders and a notice of inquiry from the Federal Energy Regulatory Commission on the subject of whether large investors are asserting control of public utilities signal increasing regulatory scrutiny of the investment community's influence over the electric power industry, say attorneys at Day Pitney.