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Energy
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December 09, 2024
Justices Spurn Worker's Challenge To 'Honest Belief' Firing
The U.S. Supreme Court has declined to review a Fourth Circuit decision holding that a Baltimore utility's "honest belief" that a worker was misusing medical leave justified the employee's termination, according to high court orders released Monday.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
DC Circ. Mulls If EPA Can Set Rules Based On Predicted Tech
At least one member of the D.C. Circuit did not seem to be picking up what the U.S. Environmental Protection Agency was putting down in defense of a rule that would give coal-fired power plants until 2032 to meet certain emissions standards that critics claim are impossible.
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December 06, 2024
J&J Seeks New Talc Trial As Developer Seeks $30M More
As Johnson & Johnson seeks to toss the underlying verdict, a real estate developer and cancer patient who was awarded $15 million in compensation from a talc trial jury has asked a Connecticut state judge to award another $30 million to punish the company for allegedly putting "profits over people."
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December 06, 2024
Feds Want Full DC Circ. To Reverse Panel's NEPA Regs Ruling
Two D.C. Circuit judges who ruled a White House agency lacks authority to issue regulations implementing the National Environmental Policy Act violated a cornerstone legal tenet and must be overturned, according to the federal government.
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December 06, 2024
Shell, Equinor Creating UK Oil Giant As Sea Basin Matures
Shell UK Ltd. and Equinor UK Ltd. are joining forces to create what they said will be the largest independent oil and gas company in the U.K., citing declining production in the "once-prolific basin" of the North Sea as the impetus for the 50-50 joint venture.
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December 06, 2024
Ex-Conn. Utility Execs May Get Reprieve From 2nd Indictment
Two former Connecticut utility company executives who are weeks away from beginning federal prison sentences entered pretrial diversion agreements with the government on Friday that would allow them to escape a second raft of charges alleging that they conspired to misuse public money.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Brownfield Questions Surround IRS Tax Credit Bonus
Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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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.