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Energy
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July 31, 2024
Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards
A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.
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July 31, 2024
Honesty Worries Justify Gas Co. Worker Firing, 4th Circ. Says
The Fourth Circuit upheld a Baltimore gas company's win over a former mechanic's lawsuit alleging he was unlawfully terminated for taking medical leave because of a diabetes-related condition, ruling Wednesday that suspicions of dishonesty provided a credible reason for letting him go.
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July 31, 2024
Attys Can Seek Security Clearance In Cuellar Bribery Case
Attorneys for U.S. Rep. Henry Cuellar can apply for a security clearance to facilitate potential discussions of classified information in connection with bribery charges against the congressman, a Texas federal judge said Wednesday, remarking multiple times that federal prosecutors had taken "inconsistent" positions on classified material connected to the case.
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July 31, 2024
Rising Star: McGuireWoods' Emilie McNally
Emilie McNally of McGuireWoods LLP has guided NiSource Inc. through the $2.15 billion sale of a minority stake in its subsidiary to Blackstone, and represented Dominion Energy Inc. in its $14 billion sale of three local natural gas distribution companies, earning her a spot among the energy law practitioners under age 40 honored by Law360 as Rising Stars.
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July 31, 2024
Southern Co. Beats Retirees' Suit Over Mortality Data
Federal benefits law doesn't mandate specific actuarial assumptions in the calculation of pension payments, a Georgia federal judge ruled as he tossed a proposed class action alleging that a Southern Co. subsidiary's use of decades-old mortality tables shorted retirees by thousands of dollars.
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July 31, 2024
Willkie-Led Silver Hill Secures $1.13B For 4th Fund
Energy-focused private equity shop Silver Hill Energy Partners, advised by Willkie Farr & Gallagher LLP, on Wednesday announced that it clinched its fourth fund after racking up $1.13 billion of total investor commitments.
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July 30, 2024
Prosecutors Say Bribery Ruling Won't Disrupt Madigan Trial
Prosecutors accusing former Illinois House Speaker Michael Madigan of corruption said Monday night his case is unaffected by the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, saying the government's allegations do not rely on gratuities, so "this dog will not hunt."
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July 30, 2024
Texas Appeals Court Says $10M Verdict For Railcar Co. Stands
A Texas appeals court said that Trinity Industries Leasing Co. is entitled to the full $10.6 million verdict that a jury previously awarded the company, finding Monday that corrosion on a railcar by itself didn't trigger limitations on Trinity's breach claim.
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July 30, 2024
Tanzania To Pay Indiana Resources $90M In ICSID Dispute
Tanzania has agreed to pay $90 million to a trio of Indiana Resources Ltd.'s majority-owned firms in a settlement over the African country's alleged unlawful expropriation of a nickel sulfide project, according to the Australian mining company.
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July 30, 2024
Colo. Justices Step Into Boulder Climate Change Case
The Colorado Supreme Court has ordered a trial court to defend its decision greenlighting the bulk of municipalities' attempts to make Suncor subsidiaries and Exxon pay for damages allegedly caused by climate change.
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July 30, 2024
DC Circ. Must Block EPA Mercury Rule, Challengers Say
Challengers of the U.S. Environmental Protection Agency's new rule tightening mercury and other toxic metal emission standards for some coal-fired power plants are hitting back against arguments by the agency and its supporters that their requested stay of the rule isn't warranted.
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July 30, 2024
High Court Ruling Dooms EPA Smog Plan, DC Circ. Told
The U.S. Supreme Court's recent decision to halt the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions across several states is reason enough for the D.C. Circuit to invalidate the rule, several states, industry groups and energy companies argued.
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July 30, 2024
NJ Men Accused Of Running $6.7M Fuel Investment Scam
Two Middlesex County men ran a scheme using fake identities and "sham companies" to defraud investors out of about $6.7 million that they thought was going into fuel products businesses, according to an indictment announced Monday by New Jersey Attorney General Matthew J. Platkin.
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July 30, 2024
Exxon Loses Bid For Avangrid Docs In Mass. Climate Suit
ExxonMobil will not gain access to potentially millions of documents from wind energy company Avangrid as part of the Massachusetts attorney general's long-running climate change suit, after a state court judge found it "inconceivable" that the sought-after material could be relevant to the case.
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July 30, 2024
DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion
The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.
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July 30, 2024
$8.5B Gores-Led Metal Packaging Co. SPAC Draws Del. Suit
A former shareholder of the blank-check company that took Ardagh Metal Packaging Group SA public has packaged up a Delaware Court of Chancery lawsuit seeking damages in the wake of the merged company's stock plunge after going public in an $8.5 billion cash-and-share deal.
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July 30, 2024
Utility Co. Denied Injunction In Row Over Apprentice Workers
A Michigan federal judge has denied a utility construction and maintenance company's bid for an injunction against a joint labor-management committee supervising apprentice line workers in the company's antitrust suit, finding that the company is unlikely to succeed on the merits of its claim.
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July 30, 2024
DC Circ. Wants Chevron Ruling Addressed In GHG Case
The D.C. Circuit asked challengers of the U.S. Environmental Protection Agency's tighter greenhouse gas emissions standards for vehicles to discuss how the litigation is affected by recent court decisions, including the U.S. Supreme Court's blockbuster ruling that undid what is known as Chevron deference.
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July 30, 2024
Bradley Arant Adds Energy Atty In Atlanta From Boutique
Bradley Arant Boult Cummings LLP has expanded its Atlanta shop with a former boutique law firm attorney who focuses on the electric power industry, strengthening its work guiding clients on renewable energy projects.
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July 30, 2024
Houston Energy CEO Ran $21M Stock Scheme, SEC Says
The U.S. Securities and Exchange Commission on Monday sued the head of a Houston energy company in Texas federal court, alleging he raised more than $21 million from over 300 investors nationwide through a fraudulent and unregistered offering of preferred stock in his fuel-blending company.
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July 30, 2024
Rising Star: Sidley's Atman Shukla
Atman Shukla of Sidley Austin LLP has helped guide some of the energy infrastructure industry's biggest players through multibillion-dollar acquisitions, including Enbridge Inc.'s $3 billion purchase of Moda Midstream Operating LLC, earning him a spot among the energy law practitioners under age 40 honored by Law360 as Rising Stars.
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July 29, 2024
Fla. Judge Trims Metal Trader's Suit Against Guatemalan Atty
A Florida state court judge has trimmed a defamation-related lawsuit brought by a metal trader, allowing the company's complaint to proceed under a single cause of action alleging that a Guatemalan attorney triggered sanctions against the company by lying to U.S. officials.
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July 29, 2024
2nd Circ. Backs $44.6M For Feds In Deadly Navy Ship Crash
The Second Circuit has upheld a New York federal judge's decision ordering Energetic Tank Inc. to pay the federal government more than $44.5 million in damages and prejudgment interest for its oil tanker's role in a deadly August 2017 collision with a U.S. Navy destroyer in the Singapore Strait.
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July 29, 2024
Gas Refinery Co. On Hook For Worker's $1.6M Injury Award
An Ohio appellate panel has affirmed a $1.6 million award to an energy services worker who suffered serious injuries after thousands of gallons of jet fuel spilled onto him, saying there is sufficient evidence to support the $5.3 million verdict, which was later reduced.
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July 29, 2024
Subcontractor Partially Nixes Claims Over Defense Of MDL
A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against one of its insurers in Texas federal court, while noting it's still pursuing its coverage demands against two other insurers.
Expert Analysis
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Opinion
SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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In Energy Disputes, Good Arbitration Clauses Are Key
Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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EPA Chemical Safety Rule Raises Questions About Authority
Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.