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Energy
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October 03, 2024
King & Spalding RE Pro Rejoins Barnes & Thornburg In Dallas
Barnes & Thornburg LLP announced that a former partner has rejoined the firm's real estate department from King & Spalding LLP, adding that the returning attorney's practice centers on commercial real estate and real estate finance.
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October 03, 2024
Citgo Will Increase Pensions $10M To End Mortality Table Suit
Citgo will increase the value of pensioners' retirements by $10 million to settle a class action alleging it shorted early retirement payouts by basing the allowances on outdated mortality tables that used data from the 1970s, according to filings in Illinois federal court.
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October 03, 2024
Energy Dept. Awards $1.5B For 4 Power Line Projects
The U.S. Department of Energy on Thursday handed out $1.5 billion in Congressional funding for a quartet of long-distance transmission projects, as well as a study that calls for a massive expansion of the U.S. electric grid over the next 25 years.
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October 02, 2024
Former C-Quest Capital CEO Indicted For Carbon Credit Fraud
Federal prosecutors in New York on Wednesday announced criminal charges against Kenneth Newcombe, the former chief executive officer of carbon project developer C-Quest Capital, accusing him of scheming to submit altered data relating to cookstove projects abroad to obtain millions of dollars worth of carbon credits.
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October 02, 2024
BRG Hires Alvarez & Marsal Arbitration Pro In Houston
Global consulting firm Berkeley Research Group said Wednesday it has added an arbitration expert from consultant Alvarez & Marsal Holdings LLC to its international arbitration and cross-border disputes offerings, as well as its energy and climate practice.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
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October 02, 2024
Judge Nixes Alta Mesa Trustee's Clawback Suit
A Texas bankruptcy judge has ended efforts by the litigation trustee for defunct oil and gas company Alta Mesa Resources Inc. to claw back money from its predecessor's shareholders, finding that they did not directly benefit from contracts that boosted the value of the company before it was later taken public in a reverse merger.
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October 02, 2024
U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant
U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.
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October 02, 2024
Enviro Groups Seek To Defend EPA's Veto Of Pebble Mine
A slew of environmental groups have called on an Alaska federal judge to let them defend the U.S. Environmental Protection Agency's decision to block a plan to build the controversial Pebble Mine, saying they want to protect the Bristol Bay headwaters from the mine's "devastating and unavoidable adverse impacts."
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October 02, 2024
Enviro Groups Step Up Effort To Block JBS' US Listing
Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.
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October 02, 2024
Madigan Can't Duck Bribery Claims After High Court Ruling
An Illinois federal judge on Wednesday declined to dismiss bribery charges against former Illinois House Speaker Michael Madigan after the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, while also refusing to sever his case from his co-defendant's.
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October 02, 2024
Co. Nixes 2nd Insurer From Chemical Leak Defense Suit
A subcontractor facing consolidated personal injury claims over a chemical leak at a LyondellBasell facility in La Porte, Texas, voluntarily tossed its coverage claims against a second insurer in Texas federal court, leaving one insurer remaining in the dispute.
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October 02, 2024
EPA Settles Suit Over Washington Aquatic Cyanide Rules
The U.S. Environmental Protection Agency agreed to evaluate Washington state's water quality standards for cyanide pollution, resolving a lawsuit that accused the agency of maintaining lax standards that threaten wildlife.
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October 02, 2024
Reed Smith Enviro Ace Remembered As Kind Mentor
Todd Maiden, a longtime environmental attorney in Reed Smith LLP's San Francisco office who died last month, was deeply passionate about preserving the environment and enjoyed mentoring young associates. He leaves behind a legacy as the "kindest and gentlest of souls," his former colleagues said.
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October 02, 2024
Quinn Emanuel Can't Ignore Past Oro Negro Ties, Oil Co. Says
Oro Negro Drilling Pte. Ltd. said former counsel Quinn Emanuel Urquhart & Sullivan LLP must produce confidential information in a discovery bid to disqualify its attorneys in Mexican proceedings.
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October 02, 2024
Justices Asked To Short-Circuit Mass. Offshore Wind Project
Massachusetts residents are telling the U.S. Supreme Court it's the last hope for endangered North Atlantic right whales that were overlooked when the federal government approved a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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October 02, 2024
DC Circ. Urged To Scrap EPA Mercury Rule For Coal Plants
States and industry groups fighting a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants told the D.C. Circuit it would impose exorbitant and unjustifiable costs for no public health benefit, and is actually aimed at forcing plants to retire to advance climate goals.
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October 01, 2024
Convicted CEO Narrows Fee Bid Against Conn. Utility Co-Op
A former Connecticut utility CEO has dropped some attorney fee claims against his onetime employer following a jury conviction for stealing public funds, telling a federal judge on Tuesday to focus on a bid for fees should prosecutors choose to litigate a second indictment.
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October 01, 2024
Lordstown Brass Beat Investor Suit Over Failed Foxconn Deal
An Ohio federal judge on Monday freed current and former executives of Lordstown Motors Corp., now Nu Ride, from a proposed securities class action alleging they concealed problems ahead of a failed partnership with Taiwan-based Foxconn, saying delays and "other minor issues" didn't make general, positive statements inaccurate.
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October 01, 2024
Bribe-Laundering Gets Ecuador Ex-Official 10 Years In Prison
A Florida federal judge on Tuesday sentenced Ecuador's former comptroller to 10 years in prison after a jury earlier this year convicted him on multiple counts related to laundering millions of dollars in bribe money he received in exchange for eliminating fines connected to a defective hydroelectric dam and other projects.
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October 01, 2024
Complications Again Delay Citgo Sales Hearing In Delaware
A federal judge in Delaware on Tuesday further delayed a forthcoming auction of Citgo's parent company to satisfy billions of dollars in Venezuelan debt, and he ordered additional briefing as he grapples with parallel litigation that allegedly threatens to undermine the sale process.
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October 01, 2024
Judge Stays Calif. Locomotive Emissions Rule Challenge
A California federal judge halted litigation brought by rail industry groups challenging a regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, finding the U.S. Environmental Protection Agency's upcoming authorization decision will greatly impact the case.
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October 01, 2024
EPA Can't Justify Water Permitting Rule, La. Judge Told
Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.
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October 01, 2024
Feds Didn't Consider Gold Mine's Full Impact, Judge Says
The federal government didn't realistically study the potential spill risks associated with a large open-pit gold mine when it approved the project, an Alaskan federal judge has said, arguing the Army Corps of Engineers erred in concluding that a catastrophic event is a "worst case" scenario in its environmental analysis.
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October 01, 2024
Davis Polk-Led Brazilian Lubricants Maker Eyes $400M IPO
Moove Lubricants Holdings, a private equity-backed lubricants producer based in Brazil, on Tuesday unveiled terms for an estimated $400 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Paul Hastings LLP.
Expert Analysis
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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NYSE Delisting May Be The Cost Of FCPA Compliance
ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.