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Energy
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September 20, 2024
IPO Trio Looks To Raise $536M Combined As Autumn Begins
Three companies spanning the energy, healthcare and life sciences industries are preparing initial public offerings that could raise $536 million combined in the coming week, guided by six law firms, signaling an upturn in IPOs as autumn begins.
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September 20, 2024
US Chamber Warns Del. Justices On TC Energy Case Fallout
The U.S. Chamber of Commerce warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.
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September 20, 2024
House Passes GOP Push To Nix EPA Auto Emissions Regs
The Republican-controlled U.S. House of Representatives on Friday passed a resolution that would block implementation of the Biden administration's tighter greenhouse gas emissions standards for cars and light trucks, though the legislation is likely dead on arrival in the Democratic-controlled Senate.
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September 20, 2024
Insurers Say Ky. House Damage Wasn't From Mine Collapse
Insurers told a Kentucky federal court to toss a couple's case seeking compensation for damage to their home because of coal mine subsidence, arguing the damage wasn't caused by a collapsing void underground.
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September 20, 2024
CFTC Issues Final Guidance On Carbon Credit Markets
The U.S. Commodity Futures Trading Commission on Friday put forth guidelines it says will help foster transparency and deter manipulation in the emerging market for voluntary carbon credits by, among other things, encouraging derivatives exchanges to assess the environmental benefits associated with the credits.
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September 20, 2024
Mexico Will Challenge $37M Deepsea Mining Award
Mexico will look to annul the $37 million arbitral award issued to a U.S. deep ocean exploration company after its project to develop one of the world's largest seabed phosphate deposits was mothballed, saying the tribunal improperly overlooked its evidence citing environmental concerns.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 20, 2024
Womble Bond Hires New Head Of Int'l Disputes From Dechert
Womble Bond Dickinson has hired a former Dechert LLP partner as the head of its international disputes practice, who will be based in the firm's Washington, D.C., office and will double as a partner in its business litigation practice group, Womble Bond recently announced.
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September 20, 2024
Charges On Spain's Airport Stake Lifted Amid Arbitration Fight
An English court on Friday lifted charges over a Spanish public airport company's interest in a London airport as part of a U.S. renewable energy company's battle to enforce a multimillion-dollar arbitration award against Spain.
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September 20, 2024
DOE Picks 25 Battery Projects For $3B Of Awards
The U.S. Department of Energy on Friday said it has selected 25 projects across 14 states for negotiations for $3 billion of federal funding aimed at boosting the domestic production and recycling of batteries and key materials.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 20, 2024
Steel Biz Investors Sue Atty Over 'Father-Son'-Like Conflict
A Pennsylvania couple have filed a malpractice suit accusing a lawyer of helping a steel distribution company induce them into investing about $800,000 and defrauding them, saying the attorney didn't disclose his relationship with the company's owners and "father-son"-like bond with one of them.
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September 19, 2024
Chancery Fast-Tracks Suit Over Renewable Energy Co. Buyout
Delaware's Court of Chancery on Thursday expedited a lawsuit accusing a Repsol SA subsidiary of breaching an agreement requiring it to buy out the remaining shares in a Chicago-based renewable energy venture the Repsol unit co-owns.
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September 19, 2024
Texas Judge Seeks More Info In $150M Ukrnafta Award Feud
A Texas magistrate judge on Thursday ordered Ukraine's largest oil company to turn over bank statements as he grapples with a bid by U.S.-based Carpatsky Petroleum Corp. to bar the Ukrainian company from draining those accounts, part of Carpatsky's long-running effort to enforce a $150 million arbitral award.
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September 19, 2024
Florida Banker Denies Laundering Money For Father
A Florida banker pled not guilty Thursday to federal charges connected to laundering money for his father, who was convicted for his role in a corruption scandal involving canceling fines for a defective hydroelectric dam in exchange for millions in bribes while he served as Ecuador's comptroller.
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September 19, 2024
Gold Mine Operator Agrees To Pay $3M In Water Pollution Row
The operator of the controversial Buckhorn Mountain Gold Mine has agreed to pay more than $3.1 million and take a variety of steps to investigate and remediate water pollution, under a proposed consent decree filed in Washington federal court on Thursday.
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September 19, 2024
EPA Urges DC Circ. Not To Block Coal Ash Rule Implementation
A Kentucky electric utility is "misleading" the D.C. Circuit about how clean former coal ash pits are once the material is removed, and should not be allowed to block implementation of a new coal ash rule, the U.S. Environmental Protection Agency said Wednesday.
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September 19, 2024
Calif. Port's Approval Of Hydrogen Project Challenged
Two conservation groups filed a California state court lawsuit challenging the Port of Stockton's review and approval of a hydrogen production and distribution facility, arguing it conducted an inadequate environmental review and failed to ensure project impacts are mitigated.
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September 19, 2024
FERC Must Heed DC Circ. 'Shift' On Gas Reviews, Chair Says
Federal Energy Regulatory Commission Chairman Willie Phillips said Thursday that the D.C. Circuit wrongly wiped out the agency's approval of a Northeast pipeline expansion project, but acknowledged that recent court decisions will force FERC to rethink how it reviews gas infrastructure projects.
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September 19, 2024
Judge Blocks Manhattan Project Waste From Mich. Landfill
A state judge barred a southeast Michigan landfill from accepting shipments of radiological material Wednesday, issuing a temporary restraining order days after surrounding communities sued over planned deliveries of contaminated soil and debris left over from the development of the first atomic bomb.
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September 19, 2024
Quinn Emanuel Challenges Oro Negro Execs' Discovery Bid
Quinn Emanuel Urquhart & Sullivan LLP is pushing back against a bid for firm documents from its former client, Oro Negro Drilling Pte. Ltd., saying the company that provides oil services in Mexico and its subsidiaries are "weaponizing" the firm's party status to gain a tactical advantage in related legal battles.
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September 19, 2024
BakerHostetler Adds Ex-Baker Botts Accident Response Duo
Months after hiring former Baker Botts attorney Greg Dillard to lead its catastrophic accident response team, BakerHostetler has announced the hire of two more attorneys from the firm as counsel in Washington, D.C., and Houston.
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September 19, 2024
Tax Or Fee, Utility Rates Beyond Review, Ga. Justices Hear
A Georgia city told the state Supreme Court on Thursday that its use of utility fees to bolster city coffers was not an illegal tax, despite a sports bar owner's claims to the contrary, and that a trial court rightly said it could not decide the matter.
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September 19, 2024
3 Firms Lead Vistra's $3B Buy Of Leftover Stake In Nuclear Biz
Retail electricity and power generation company Vistra Corp. has agreed to acquire the remaining 15% equity stake in its subsidiary Vistra Vision LLC, which owns nuclear generation facilities, from minority investors Nuveen Asset Management LLC and Avenue Capital Management II LP in a deal valued at more than $3 billion and built by three law firms.
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September 18, 2024
Waste Mgmt. Sued For $3.8M Over Renewable Energy Credits
A Constellation Energy Corp. unit slapped Waste Management Inc. with a complaint in Texas federal court on Tuesday, saying the company has refused to cough up more than $3.8 million for renewable energy credits Constellation paid for but never received.
Expert Analysis
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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.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.