Energy

  • July 10, 2024

    Utah Goes 'Too Far' In Seeking Order Clarity, Tribe Says

    A Native American tribe asked a federal district judge Tuesday to deny a bid by Utah to clarify a June order that dismissed the tribe's racial-bidding scheme claims against several state officials, arguing that the state is using the request as a vehicle to ax all remaining allegations in the tribe's suit.

  • July 10, 2024

    Mont. High Court Weighs Youths' Right To Sue In Climate Case

    The Montana Supreme Court on Wednesday wrestled with whether to revive state law provisions that bar the consideration of greenhouse gas emissions in permitting decisions that were struck down by a lower court judge, querying both sides whether the youth plaintiffs had standing to sue.

  • July 10, 2024

    Utility Locating Co.'s Ex-CEO Sues For Severance After Firing

    The former CEO of a utility locating company in North Carolina is suing for severance after he was unexpectedly fired, saying he was never told the grounds for his termination and should be paid his base salary plus a bonus under the terms of his employment contract.

  • July 10, 2024

    Mich. County Fights To Keep $217M Edenville Dam Repair Tax

    Homeowners attacking a localized tax to fund the reconstruction of four dams have already had a chance to contest the assessment and shouldn't get a second one, a Michigan county told a federal judge Tuesday.

  • July 10, 2024

    NC Utility's PFAS Suit Survives Dismissal Bid

    A water utility suing the Chemours Co., Corteva Inc. and E. I. du Pont de Nemours and Co. Inc. over forever chemical contamination stemming from the Fayetteville Works plant in eastern North Carolina saw a number of claims survive their bid to have its suit thrown out.

  • July 10, 2024

    Kirkland, Skadden Steer $1.8B Honeywell Natural Gas Biz Deal

    Kirkland & Ellis LLP-led Honeywell said Wednesday it has agreed to acquire Air Products' liquefied natural gas process technology and equipment business for $1.81 billion in an all-cash transaction, with Skadden Arps Slate Meagher & Flom LLP sitting on the other side of the bargaining table.

  • July 10, 2024

    DC Circ. Won't Block EPA Methane Rule

    The D.C. Circuit rejected states and industry groups' efforts to block the implementation of the U.S. Environmental Protection Agency's final rule establishing expanded methane emissions control requirements for oil and gas infrastructure.

  • July 10, 2024

    DOI Pledges $120M For Tribal Climate Resiliency Efforts

    The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.

  • July 09, 2024

    Ex-Shareholders Say Russia Can't Relitigate $50B Decision

    Former shareholders of Yukos Oil Co. have asked the D.C. Circuit for permission to respond to Russia's latest arguments against enforcement of $50 billion in arbitral awards against it, saying the country can't relitigate its previous agreement before an international tribunal in The Hague to arbitrate.

  • July 09, 2024

    3rd Circ. Says Creditor Can't Get Privileges In Citgo Sale

    The Third Circuit on Tuesday nixed a bid by a creditor owed some $260 million by Venezuela's state-owned oil company for special participation privileges as an auction looms for Citgo's parent company to satisfy billions of dollars in Venezuelan debt.

  • July 09, 2024

    Fuel Groups Ask Justices To Revisit Calif. Clean Air Act Waiver

    Fuel producers and industry groups called on the U.S. Supreme Court to review the D.C. Circuit's decision to uphold the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program.

  • July 09, 2024

    'Plain English, Graphics, Pictures': Enviro Policy Post-Chevron

    Environmental policymakers will have to start writing their rules using "plain English, graphics, pictures" and other tactics to make the rationale behind agency and congressional policy crystal clear to judges in the wake of the U.S. Supreme Court's recent decision striking down Chevron deference, attorneys told Law360.

  • July 09, 2024

    1st Circ. Revives Debt Harass Claims Against National Grid

    The First Circuit on Tuesday revived a proposed class action against National Grid USA Service Company Inc. and two debt collection firms whose multiple calls per day to a Massachusetts customer in 2017 and 2018 allegedly violated the state's consumer protection law.

  • July 09, 2024

    Texas Refinery Says EPA Needs To Rule On CAA Exception

    A small refinery based in Sugar Land, Texas, says the U.S. Environmental Protection Agency did not meet its deadline to rule on whether the refinery can get an exemption to federal renewable fuel requirements, telling a Texas federal court Monday the agency was damaging its business.

  • July 09, 2024

    Experts Lose EPA Scientific Panel 'Echo Chamber' Lawsuit

    The D.C. Circuit has tossed a lawsuit alleging that the U.S. Environmental Protection Agency illegally created a scientific "echo chamber" by not selecting experts with an industry background to serve on an air quality advisory committee.

  • July 09, 2024

    House Dems Seek Info From DOI Over Alleged Shale Cartel

    House Democrats sitting on the House Natural Resources Committee penned a letter Tuesday seeking information from the U.S. Department of the Interior concerning eight oil companies accused of colluding with the Organization of Petroleum Exporting Companies to artificially inflate gas prices.

  • July 09, 2024

    5th Circ. Skeptical Of Nixing ESG Rule Despite Chevron's End

    A Fifth Circuit panel appeared unlikely Tuesday to knock out a Biden administration rule allowing retirement plan advisers to consider environmental, social and governance factors when choosing investments, although one judge seemed to support vacating a lower court's decision upholding the regulation in light of the Chevron doctrine's demise.

  • July 09, 2024

    'ComEd Four' To Renew Acquittal Bid After Bribery Ruling

    An Illinois federal judge effectively pushed the next ruling in the criminal case against former Commonwealth Edison CEO Anne Pramaggiore and her three co-defendants to at least winter, as the defendants vowed to renew their acquittal bid in the wake of the U.S. Supreme Court's ruling finding that federal bribery law doesn't criminalize rewards given after an official act.

  • July 09, 2024

    Fla. Agrees To Stronger CWA Protections For Piney Point Site

    Conservation groups said they've reached an agreement with the Florida Department of Environmental Protection to settle litigation over a phosphogypsum facility in Manatee County, with state regulators agreeing to a draft Clean Water Act permit for the site.

  • July 09, 2024

    BP Unit Slams 'Farfetched' $300M Franchise Termination Suit

    The trio of companies that sued a BP subsidiary for terminating their truck stop franchise agreement have no claim to make, the BP unit has told an Ohio federal court, arguing that by their own admission the companies failed to hold up their end of the agreement at issue.

  • July 08, 2024

    Gas Cos. To Pay $1M For Emissions Leaks At Colo. Plant

    The U.S. Environmental Protection Agency and the state of Colorado have reached a settlement with a Colorado natural gas plant to resolve years of emissions leaks and regulatory violations that resulted in excess air pollution, according to a consent decree filed in federal court Monday.

  • July 08, 2024

    2nd Circ. Lets Rail Co. Retool Suit Against Big Banks

    The Second Circuit on Monday restored Eddystone Rail Co. LLC's lawsuit targeting Bank of America NA and other banks for their alleged roles helping an oil transportation and logistics company evade liability in a roughly $140 million contract dispute, reasoning that the rail company still has time to amend its complaint.

  • July 08, 2024

    Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win

    A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.

  • July 08, 2024

    3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight

    The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.

  • July 08, 2024

    Carriers Seek Reimbursement For $1.3B LNG Explosion

    Insurers for the owner of a liquefied natural gas export facility have accused a bankrupt contractor and its joint-venture partners of negligently causing a costly explosion by failing to implement proper safety instrumentation, seeking reimbursement for their coverage payments after the facility owner said it lost over $1.3 billion.

Expert Analysis

  • What Alternative Fuel Proposals Mean For EU Infrastructure

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    The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • 'Energy Communities' Update May Clarify Tax Credit Eligibility

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    A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    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.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    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.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    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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