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Energy
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August 02, 2024
Mich. AG Says Enbridge 6th Circ. Rehearing Bid Is Meritless
Michigan Attorney General Dana Nessel is fighting Enbridge Energy's bid for a full Sixth Circuit rehearing on a decision to send a challenge to its Line 5 pipeline back to state court, saying none of the company's arguments against remand are viable.
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August 02, 2024
SEC Narrows Its Rulemaking Focus As Election Looms
The U.S. Securities and Exchange Commission's aggressive rulemaking spree is showing signs of dwindling as November elections loom, although several proposals could be primed for autumn votes if regulators wish to tackle hot-button topics.
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August 02, 2024
Tribes Seek Commission's Help On Canada Mining Policy
A consortium of southeast Alaska tribes is urging the Inter-American Commission on Human Rights to call on Canada and British Columbia to formally consult and obtain their "free, prior and informed consent" ahead of looming permitting decisions for the Eskay Creek gold mine.
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August 02, 2024
Ohio Board Finds Park's Oil, Gas Production Area Tax Exempt
Space at a park in Ohio that is leased to a private entity to produce oil and gas is entitled to a property tax exemption, the state Board of Tax Appeals ruled Friday, saying the lessee's operations were incidental to the park's public purpose.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 02, 2024
Iberdrola To Buy 88% Of UK Electric Power Co. In $5.5B Deal
Spanish electric utility company Iberdrola said Friday it plans to buy 88% of Electricity North West in a deal that values the British electric power network at roughly €5 billion ($5.5 billion), including debt.
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August 01, 2024
Avantor Will Pay $5M To Settle FCA Claims Against Subsidiary
Biotech company Avantor Inc. has agreed to shell out $5 million to resolve allegations its laboratory supplies subsidiary VWR International overcharged federal agencies for goods despite agreeing to give discounts, a federal prosecutor announced on Thursday.
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August 01, 2024
Toyota Accused Of Blocking Rival Hydrogen Fueling Station
Owners of hydrogen-powered Toyota Mirais are suing the automaker, claiming in a proposed class action that Toyota blacklisted a California State University fuel station and has its "boot on the necks" of other hydrogen pump operators in the state.
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August 01, 2024
Ohio Justices Reject Rival Utility Co.'s Rate Plan Challenge
The Supreme Court of Ohio unanimously rejected a rival electricity generator's argument that AEP Ohio was illegally subsidizing its competitive electric generation services with money paid by non-generation customers in its service territory, upholding a state utility regulator's approval of its rate plan.
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August 01, 2024
Calif. AG Says States Opposing 'Clean Fleets' Law Tout EVs
California's Attorney General Rob Bonta looked to slam the brakes Wednesday on a legal challenge brought by 16 states against the Golden State's Advanced Clean Fleets regulation, saying the complaint must be dismissed for lack of standing because the states themselves are encouraging electric vehicle production.
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August 02, 2024
CORRECTED: Delay Sought In Citgo Auction
A Delaware federal judge has appeared open to postponing to October an auction for Citgo Petroleum Corp.'s parent company, a proceeding aimed at satisfying billions of dollars in Venezuelan debt. Correction: A previous version of this article mischaracterized the nature of Judge Stark's order. The error has been corrected.
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August 01, 2024
Conservation Groups Take Aim At ESA Regs
Conservation groups are asking a California federal judge to throw out Endangered Species Act regulations put forward earlier this year, claiming federal agencies shortchanged their environmental review duties and moved ahead with changes that will harm the imperiled plants and animals the statute is supposed to protect.
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August 01, 2024
NJ Transit On Hook For $11.6M Injury Verdict, 2nd Circ. Says
The Second Circuit on Tuesday affirmed a jury's $11.6 million verdict accusing New Jersey Transit of negligently ordering a train engineer to continue operating in an overheated cab that caused him to suffer career-ending injuries, saying the state-owned company had a duty to maintain the cab's air conditioning system.
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August 01, 2024
Latham, Ellenoff Rank Among Top Firms For July IPOs
Latham & Watkins LLP and Ellenoff Grossman Schole LLP were among the leading law firms that steered the most initial public offerings during July, which marked the year's busiest month in terms of IPO proceeds.
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August 01, 2024
JPML Greenlights Shale Oil Price-Fixing MDL In New Mexico
A group of U.S. shale oil producers will have to defend claims that they conspired with OPEC to artificially inflate gas prices in New Mexico federal court after the U.S. Judicial Panel on Multidistrict Litigation centralized at least five suits there Thursday.
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August 01, 2024
Nokia Backs Expanded Broadband Use In 900 MHz Band
Nokia is joining the chorus of voices calling on the Federal Communications Commission to open up the 900 megahertz band of spectrum to other types of networks, a move they say will help utilities and other critical private enterprises.
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August 01, 2024
Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case
Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.
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August 01, 2024
Weil-Led Goldman Sachs Plugs $440M Into Power Biz
Renewable power company BrightNight on Thursday announced that it has secured a $440 million strategic investment from Goldman Sachs Alternatives' infrastructure business, which is led by Weil Gotshal & Manges LLP.
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August 01, 2024
GE Retirees Reach Deal To Resolve Pension Benefits Dispute
General Electric retirees announced Thursday they'd struck a deal with their former employer to resolve claims that GE improperly used a company spinoff to renounce responsibility for supplemental pension benefits reserved for senior executives, the plaintiff-side firm that represented the retirees said.
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August 01, 2024
EPA Objects To Colorado Air Permit For Oil And Gas Site
The U.S. Environmental Protection Agency is directing Colorado officials to revisit an operating permit issued for an oil and gas well site north of Denver, in response to concerns raised by a conservation group.
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August 01, 2024
5th Circ. Says Oil Crossing State Lines Made Work Interstate
The crude oil that a worker transported travels outside of Texas and thus is part of an interstate trip, the Fifth Circuit ruled, flipping a district court's decision that the Motor Carrier Act exemption didn't apply to a transporter who sought unpaid overtime.
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August 01, 2024
Rising Star: Gibson Dunn's Rahul Vashi
Rahul Vashi of Gibson Dunn & Crutcher LLP guided Sanchez Energy Corp. and Blackstone in their $2.3 billion purchase of a working interest in a South Texas oil and gas shale play and advised Esperanza Capital Partners on its acquisition of ExxonMobil's Gulf of Mexico assets, earning him a spot among the energy law practitioners under age 40 honored by Law360 as Rising Stars.
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August 01, 2024
Senate Energy Panel Advances Permitting Overhaul Bill
The Senate Committee on Energy and Natural Resources advanced bipartisan legislation aimed at expanding and speeding up the permitting process for fossil fuel, renewable energy and transmission projects.
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August 01, 2024
Ga. County To End Shipwreck Spill Suit
Glynn County told a Georgia federal judge Wednesday it plans to drop all claims against shipping companies it alleged were responsible for a 2019 shipwreck that contaminated its coastline and harmed the seafood industry.
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August 01, 2024
Paul Hastings Adds Enviro Atty As Practice Co-Head
An environmental lawyer from Arnold & Porter Kaye Scholer LLP — known for his high-profile work for such clients as BP in connection with the 2010 Deepwater Horizon oil spill — has joined Paul Hastings LLP as a partner and to co-lead its environmental litigation practice.
Expert Analysis
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A Deep Dive Into The Evolving World Of ESG Ratings
Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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How Act 126 Will Jump-Start Lithium Production In Louisiana
Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.
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An Insurance Coverage Checklist For PFAS Defendants
With PFAS liability exposures attracting increased media attention, now is a good time for companies that could be exposed to liability related to per- and polyfluoroalkyl substances to review existing and past insurance policies, and consider taking proactive steps to maximize their likelihood of coverage, say attorneys at Nossaman.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.