Energy

  • July 18, 2024

    5th Circ. Remands ESG Rule Row Citing Chevron's End

    The Fifth Circuit on Thursday instructed a Texas federal court to reconsider a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, pointing to recent U.S. Supreme Court rulings that have "upended" the legal landscape.

  • July 18, 2024

    DOE Plans $861M Support For PR Solar, Storage Project

    The U.S. Department of Energy on Thursday said it's conditionally committing to a loan guarantee of up to $861.3 million for two battery storage equipped solar farms and two standalone battery energy storage systems in Puerto Rico that will help the island meet its energy goals.

  • July 18, 2024

    Oil Co. Can't Get Contract Breach Claim Revived

    A Colorado federal judge on Thursday declined to revive an oil and gas company's lawsuit accusing the American Arbitration Association of improperly terminating a claim the company filed against its investors for nonpayment of arbitration costs, ruling it agreed to the AAA's "rather capacious" rules.

  • July 18, 2024

    Enviro Groups Deploy Chevron Ruling In Pipeline Case

    Environmental groups suing the federal government over the reissuance of a nationwide Clean Water Act permit that can be used for oil and gas pipelines told a D.C. federal judge Thursday that the recent overturning of the Chevron deference bolsters their effort to get the permit thrown out.

  • July 18, 2024

    Ukraine Co. Says $208M Russia Award Should Be OK'd

    A Ukrainian electric utility has again asked a D.C. federal court to enforce a nearly $208 million arbitral award it won after the Kremlin seized its Crimean assets, saying that an international tribunal seated in The Hague already rejected Moscow's jurisdictional arguments.

  • July 18, 2024

    Miner Seeks Atty Fees After 4th Circ. DOL Judges Ruling

    A former miner urged the Fourth Circuit to approve approximately $21,000 in attorney fees in his case seeking benefits for his black lung disease, saying he has been unable to reach a settlement with an engineering company that challenged the appointment of two U.S. Department of Labor administrative law judges.

  • July 18, 2024

    Xcel's Silence Led To $2.6M Storm Penalty, Gas Co. Says

    A natural gas marketing company is suing the Colorado Public Utilities Commission and Xcel Energy in state court to invalidate a nearly $2.6 million penalty for its failure to ship enough gas during a historic 2021 winter storm, alleging Xcel didn't notify it of the regulatory proceedings.

  • July 18, 2024

    State Of 2024 Energy Dealmaking: Midyear Report

    Energy dealmaking in the first half of 2024 has, in many ways, picked up where 2023 left off, but companies also increasingly have an eye on the U.S. presidential election this fall that could bring drastic change to the landscape. Here are some transactional trends that have stood out to energy attorneys so far this year.

  • July 18, 2024

    Term Extension For Ga. Utility Commish Unlawful, Suit Says

    Georgia's Secretary of State was hit with a lawsuit Tuesday from a voter and two advocacy groups challenging a recent law that extended the terms of the state's utility regulatory commission while their elections were suspended by voting rights litigation.

  • July 18, 2024

    6th Circ. Looks To Wash Hands Of Waters Of US Appeal

    An exasperated Sixth Circuit panel on Thursday looked for an easy way to dispatch Kentucky and industry groups' appeal of the dismissal of their challenges to a federal government rule defining the scope of the Clean Water Act.

  • July 18, 2024

    Refiner, Distributor To Pay $1M Fine In EPA Biofuel Case

    The U.S. Environmental Protection Agency said on Thursday that it has slapped an Arizona-based petroleum products company and its affiliate with a more than $1 million civil penalty for violations of the Clean Air Act's conventional and renewable fuel requirements.

  • July 18, 2024

    Consumers Hit CenterPoint With 2nd Class Action Over Beryl

    CenterPoint Energy Inc. has been hit with a second proposed class action over widespread power outages in the Houston area following Hurricane Beryl, this time from consumers in the Houston-Galveston area who were impacted by the storm.

  • July 18, 2024

    Blank Rome Adds Reed Smith Trio In Houston, Pittsburgh

    A team of three former Reed Smith attorneys specializing in financial transactions in the energy sector have recently moved their practices to Blank Rome LLP's Houston and Pittsburgh offices.

  • July 18, 2024

    Another Enphase Investor Suit Claims Execs Hid Slow Growth

    Enphase Energy's top brass has been slapped with another shareholder complaint in California federal court, alleging they misrepresented the energy technology company's financial outlook by concealing a decrease in battery shipments and slower manufacturing outputs, which artificially inflated its stock price.

  • July 18, 2024

    Judge With Lake Property Exits $217M Dam Repair Tax Suit

    A Michigan federal judge said he would step aside in a fight over a $217 million tax assessment to fund dam reconstruction because he's part of the assessment district, though he warned that hundreds of plaintiffs could have their own conflicts.

  • July 18, 2024

    King & Spalding Guides Quanta's $1.5B Cupertino Buy

    Houston-based Quanta Services Inc. said Thursday it has acquired fellow energy infrastructure provider Cupertino Electric Inc. for up to $1.54 billion, with King & Spalding LLP and Fenwick & West LLP providing legal counsel on the deal, respectively. 

  • July 18, 2024

    Ga. Mineral Co. Can't Nab Win In Row Over Talc Suit Coverage

    A Georgia federal judge declined to grant a win to a mineral products company trying to compel a Travelers unit to defend it against an underlying suit claiming that it supplied asbestos-containing talc products.

  • July 17, 2024

    EPA Disputes High Court Link To Texas Clean Air Act Case

    The U.S. Environmental Protection Agency argued that the U.S. Supreme Court's recent ruling blocking a federal plan to reduce cross-state pollution does not impact the EPA's decision to reject state plans submitted by Texas, Louisiana and Mississippi.

  • July 17, 2024

    PJM Jumps Into 3rd Circ. Row Over Transmission Project

    A Pennsylvania commission's request to have the Third Circuit reinstate its rejection of a power transmission project would impinge on PJM Interconnection's federally mandated planning process, the regional grid operator said in an amicus brief filed Wednesday.

  • July 17, 2024

    Lawmakers Say Bid To Toss Monument Suit Is A 'Red Herring'

    The Arizona Legislature is fighting a bid by the Biden administration to dismiss a challenge to a presidential proclamation that established an Indigenous site as a national monument in the Grand Canyon region, arguing that the state's constitution gives the lawmakers power over state trust lands.

  • July 17, 2024

    DOE Says Challenge Of $1.1B Diablo Canyon Award Must Fail

    The U.S. Department of Energy is urging a California federal judge to throw out a suit challenging its award of $1.1 billion of credits to help Pacific Gas & Electric Co. keep two generation units running for now at the Diablo Canyon nuclear power plant.

  • July 17, 2024

    6th Circ. To Review 2 Standards In FirstEnergy's Cert. Fight

    The Sixth Circuit indicated Wednesday that it would have to examine the applicability of two different class certification standards in a securities suit by FirstEnergy investors, as the company insisted there was no proof its statements influenced stock prices, and that purported omissions didn't factor into the mix.

  • July 17, 2024

    Ex-Cognizant Execs Bemoan Access Woes In Bribery Case

    Former Cognizant executives accused of authorizing a bribe to a government official in India have told a New Jersey federal court that obstacles to their access to evidence and overseas witnesses undermine their right to a fair trial and could warrant the dismissal of the case.

  • July 17, 2024

    PE Firms Plug $300M Into Digital Infrastructure Developer

    Digital infrastructure site developer Cloverleaf Infrastructure on Wednesday announced that it has received more than $300 million in commitments from private equity shops NGP, advised by Willkie Farr & Gallagher LLP, and Kirkland & Ellis LLP-led Sandbrook Capital.

  • July 17, 2024

    Kazakhstan Agrees To End Fight Over $506M Award

    A decade-long fight between Kazakhstan and Moldovan oil and gas investors who won a half-billion-dollar arbitral award against the country has come to a close, with the parties inking a binding framework to resolve their dispute.

Expert Analysis

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Opinion

    Farm Bill Gives Congress 2024's Biggest Enviro Opportunity

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    A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

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