Energy

  • December 06, 2024

    1st Circ. Affirms Mass. Wind Energy Permits

    A three-judge First Circuit panel rejected a pair of fishing industry challenges to environmental permits for the massive — and now paused — Vineyard Wind project off the coast of Massachusetts.

  • December 06, 2024

    Canada's Chinese Import Surtaxes Expected To Raise $334M

    Canada's new surtaxes on Chinese electric vehicles and steel and aluminum products are estimated to generate CA$473 million ($334 million) over the next five years, though the EV surtax on its own is likely to cause a dip in revenue, a government analysis said.

  • December 05, 2024

    SolarEdge's CEO, CFO Can't Escape Securities Lawsuit

    A New York federal judge ruled Wednesday that a proposed securities class action accusing SolarEdge Technologies Inc. of misrepresenting the demand for its solar energy products in Europe will go on against two of the company's top executives, saying investors adequately pled the executives knowingly misrepresented distributors' inventory levels.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt

    The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.

  • December 05, 2024

    3rd Circ. Unsure Pa. Regulator Had Right To Deny Project

    Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.

  • December 05, 2024

    Utah Defends Effort To Wrest Land From Feds At High Court

    Utah told the U.S. Supreme Court on Wednesday that its proposed lawsuit accusing the government of unconstitutionally hoarding and profiting from public lands in the state belongs before the justices and that the government's recent response strengthens its case.

  • December 05, 2024

    Ex-CEO Of Solar Biz ISun Says Ch. 11 Plan Doesn't Add Up

    The former CEO of solar power company iSun is asking a Delaware bankruptcy judge to reject the company's proposed Chapter 11 plan, saying it fails to provide for payment of priority claims, including his own deferred paychecks.

  • December 05, 2024

    NC Town Sues Duke Energy Over Climate Change 'Deception'

    A small town in North Carolina is suing Duke Energy for what officials characterized as a decades-long "deception campaign" about climate change, including allegedly misleading residents about the dangerous effects of fossil fuels and delaying the transition to cleaner energy.

  • December 05, 2024

    Jones Day Reps CNX On $505M Deal For Natural Gas Biz

    CNX Resources Corp. said Thursday it has agreed to acquire for about $505 million the natural gas upstream and associated midstream business of Apex Energy II LLC, a portfolio company of funds managed by Carnelian Energy Capital Management LP.

  • December 05, 2024

    McKinsey Unit To Pay $123M Over South Africa Bribe Scheme

    The African unit of consulting giant McKinsey & Co. will pay about $123 million to resolve a U.S. Department of Justice investigation into an alleged scheme to bribe South African government officials for contracts with state-owned companies.

  • December 05, 2024

    DC Circ. Won't Revisit Ruling On Bush-Era Mining Regulation

    The D.C. Circuit said Thursday it won't reconsider a June panel decision that upheld a 20-year-old mining regulation that removed limits on the amount of land around a mining site that can be used for secondary activities such as waste disposal.

  • December 05, 2024

    Feds Invest $849M For Water Infrastructure Improvements

    An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.

  • December 05, 2024

    Battery Recycling Firm To Go Public Via $250M SPAC Merger

    Renewable energy-focused Ace Green Recycling Inc. has agreed to go public by merging with special purpose acquisition company Athena Technology Acquisition Corp. II in a deal that values Ace Green's equity at $250 million, both parties have announced.

  • December 05, 2024

    Hunton Gains Capital Markets Pro In Dallas From V&E

    Hunton Andrews Kurth LLP has boosted its capital markets practice in Dallas with a former Vinson & Elkins LLP deal lawyer who has particular expertise in the mining and natural resources sector of the energy industry.

  • December 04, 2024

    Fla. Ex-Rep Sues Associate Connected To Foreign Agent Case

    A former Florida congressman has sued an associate in Miami-Dade County over a breach of contract, alleging that he disclosed a confidential legal memorandum to law enforcement officials and others in connection to a federal indictment charging the ex-lawmaker with unlawfully lobbying on behalf of Venezuela.

  • December 04, 2024

    Hemp Farmers Say Bid To Nix $200M Suit Is A Smoke Screen

    Two Colorado hemp growers have urged a federal judge to keep alive their lawsuit alleging that a solar energy company's construction on nearby leased land caused more than $200 million in crop damage, arguing that contractors and subsidiaries involved in the construction don't have to be added to the suit.

  • December 04, 2024

    Solar Co. Targeted By Conn. AG Denies Deceiving Consumers

    Bright Planet Solar Inc. has denied the Connecticut attorney general's claims that it lured unsuspecting consumers into signing long-term contracts without adequate consent and performed unauthorized home improvements, telling a court that it acted in concert with "reasonable commercial practices."

  • December 04, 2024

    Trump Picks Ex-Congressman For IRS Commissioner

    President-elect Donald Trump said Wednesday he has tapped a former member of the U.S. House of Representatives to lead the Internal Revenue Service during his coming second term.

  • December 04, 2024

    Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties

    U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.

  • December 04, 2024

    Ex-Worker Says Contractor Fired Him Over Religious Needs

    An electric vehicle charging station contractor was sued in Georgia federal court by a former employee who alleged he was fired for utilizing a religious accommodation that allowed him to leave work early on Fridays to observe the Jewish Sabbath.

  • December 04, 2024

    Hoopa Valley Tribe Wants In On Trinity River Water Row

    The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.

  • December 04, 2024

    Ex-Tiffany Manufacturing Supervisor Gets Prison For Theft

    A former manager at a Tiffany & Co. jewelry factory was sentenced to 59 days in prison Wednesday, after he pled guilty to stealing $1.7 million in gold, silver and platinum from his employer.

  • December 04, 2024

    Del. Justices Skeptical $2.4B SPAC Deal Misled Investors

    Delaware Supreme Court justices pressed a stockholder attorney on Wednesday to explain how the blank-check company that took electric vehicle venture Canoo Holdings Ltd. public in a $2.4 billion deal breached its duties by failing to reveal information it purportedly had yet to receive.

  • December 04, 2024

    Treasury Finalizes Broad Energy Investment Tax Credit Regs

    The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.

Expert Analysis

  • First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants

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    The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, say Lisa Bugni and Benjamin Lee at King & Spalding.

  • Expect The Unexpected: Contracts For Underground Projects

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    Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Reform NEPA To Speed Mining Permits, Clean Energy Shift

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    It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • A Case Study For Calif. Cities In Water Utility Takeovers

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    With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Tracking Implementation Of IRA Programs As Election Nears

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    As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

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