Energy

  • July 24, 2024

    FERC Can't Give Pipeline More Time, Green Groups Say

    Conservation groups are urging the D.C. Circuit to throw out a three-year deadline extension the Federal Energy Regulatory Commission granted for the completion of a southern extension of the controversial Mountain Valley pipeline.

  • July 24, 2024

    Exxon Loses Bid To Ditch Conn. Climate Change Fraud Suit

    Exxon Mobil Corp. cannot escape Connecticut's lawsuit accusing it of deceiving consumers about the negative impact of fossil fuels on the earth's climate, a state judge ruled Tuesday in rejecting the oil and gas giant's contention that it can't be sued in the Nutmeg State.

  • July 24, 2024

    Former Dentons Litigator Returns To Practice Indigenous Law

    A former litigator at global law firm Dentons has returned to practice in its Montreal office following five years working as an in-house counsel at electrical utility Hydro-Quebec, saying he will focus on energy, natural resources, mining and Indigenous law matters.

  • July 24, 2024

    Pfizer's Fuel Cells Can't Be Taxed, Conn. Justices Rule

    A fuel cell module that powers Pfizer Inc.'s research campus in Groton, Connecticut, is not subject to personal property taxes, the state's high court ruled Wednesday, upholding a lower court decision that allowed FuelCell Inc. to avoid several multimillion-dollar local tax assessments and penalties.

  • July 24, 2024

    Coal Ash Crusade An Ongoing Battle For The EPA

    The U.S. Environmental Protection Agency has put coal ash enforcement at the forefront of its agenda by making it one of the agency's top enforcement and compliance priorities for the next four years, but some experts say there's still work to be done given that the EPA itself has said the industry has yet to change its ways.

  • July 24, 2024

    Boulder Wants Suncor Back In Colorado Climate Suit

    The city of Boulder, Colorado, and Boulder County have asked a Colorado state judge to certify part of his judgment dismissing Canadian oil and gas company Suncor Energy from the municipalities' climate change lawsuit so they can appeal that decision and bring Suncor back in.

  • July 24, 2024

    Navajo Coal Co. Appeals FINRA Arbitration Order In $11M Fight

    A Navajo coal-mining company has wasted no time in appealing a Pennsylvania federal judge's order refusing to grant the tribe-owned business's bid to halt arbitration proceedings against a private equity firm in an $11 million dispute over their financing agreement.

  • July 24, 2024

    Liberty Mutual Gets $2.4M Oil Contamination Row Trimmed

    A New York federal judge trimmed a $2.4 million coverage dispute between Liberty Mutual and an oil and gas trader over losses related to a contaminated oil shipment, finding that although the trader met its burden to make a case for recovery, certain contaminated product was excluded from coverage.

  • July 24, 2024

    Digital Info Not Covered By Smuggling Law, Ky. Court Holds

    A Kentucky federal judge has ruled that digital information isn't covered by the federal smuggling statute and dismissed a charge against a magnetics manufacturer and two executives accused of emailing magnet schematics to Chinese companies.

  • July 24, 2024

    IRS Sets Criteria For Carbon Capture Credit Life Cycle Report

    The Internal Revenue Service detailed standards and procedures Wednesday for a written report on a carbon sequestration facility's greenhouse gas emissions that project owners must submit and get agency approval on before claiming the carbon oxide tax credit.

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.

  • July 24, 2024

    EPA Moving Toward New Regulations For 5 Chemicals

    The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.

  • July 23, 2024

    Knives Out For Another Pro-Agency Landmark After Chevron

    Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.

  • July 23, 2024

    Sidley, Cooley Craft Filter Maker's $1B Sale To IDEX Corp.

    Specialty equipment maker IDEX Corp. will buy industrial filter manufacturer Mott Corp. and its subsidiaries in a $1 billion all-cash deal led by Sidley Austin LLP and Cooley LLP, the companies announced Tuesday.

  • July 23, 2024

    House Panel Weighs New Rail Safety Regs After East Palestine

    The fiery Norfolk Southern derailment in East Palestine, Ohio, last year has created new urgency for strengthening federal standards for tank car designs, rail safety technology, track inspection protocols and classifying hazardous materials-carrying trains, industry experts told a House subcommittee Tuesday.

  • July 23, 2024

    Red States Seek High Court Stay Of EPA Power Plant Rule

    Dozens of red states Tuesday urged the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, four days after the D.C. Circuit rejected a stay request.

  • July 23, 2024

    Feds Get OK To Seek Title To ND Riverbed For Mineral Rights

    The federal government can add a cross-claim against North Dakota in litigation over who owns mineral rights beneath a portion of the Missouri River, a D.C. federal judge ruled Tuesday, clearing the way for the United States to seek a court order declaring that the riverbed is held in trust for the Mandan, Hidatsa and Arikara Nation.

  • July 23, 2024

    Ariz. Justices OK Use Of Power Deal In Plant's Valuation

    An Arizona power plant's income from a power purchase agreement may be considered in the income analysis of the valuation of the property, the state Supreme Court said, sending the matter back to the state tax court.

  • July 23, 2024

    Regional Electric Co-Op Sues Power District Over Unpaid Bills

    A regional electric cooperative based in Colorado has filed a lawsuit in Colorado federal court against a Nebraska public power district, alleging the Nebraska entity is refusing to pay for more than $1 million of electricity it bought from the regional cooperative this year.

  • July 23, 2024

    Feds Urge Final Toss Of Youths' Constitutional Climate Suit

    The U.S. government called on a California federal judge to reject an attempt by youth plaintiffs to amend their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests, saying they have alleged no harm from the policies they seek to enjoin.

  • July 23, 2024

    Stay Of Power Plant Mercury Rule Unwarranted, EPA Says

    The U.S. Environmental Protection Agency, joined by states, cities and public health and environmental groups, is urging the D.C. Circuit not to block a new rule tightening standards for mercury and other toxic metal emissions from some coal-fired power plants.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Insurers Must Defend Well Driller In Lead Contamination Suit

    Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.

  • July 23, 2024

    Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit

    The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."

  • July 23, 2024

    EPA Says High Court's Chevron Ruling Doesn't Doom Air Rule

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit that a U.S. Supreme Court decision eliminating judges' obligation to defer to federal agencies in rulemaking litigation does not impact its decision to reject states' ozone air pollution plans.

Expert Analysis

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Challenges Remain In Financing Energy Transition Minerals

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    COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • Opinion

    New La. Gas Pipeline Projects Must Respect Rules And Rights

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    As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

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