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September 26, 2024
EU Says DC Circ. Must Reconsider $395M Spain Award Suits
The European Commission has urged the D.C. Circuit to reconsider its decision that U.S. district courts have jurisdiction to enforce about $395 million in arbitral awards issued against European Union member state Spain by private tribunals convened under the Energy Charter Treaty.
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September 26, 2024
Spain Can't Escape $26M Award, DC Judge Rules
A D.C. federal judge on Thursday enforced a €23.5 million ($26.3 million) arbitral award issued against Spain after the country dialed back its renewable energy incentives, rejecting Madrid's argument that the tribunal had infringed the authority of European Union courts.
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September 26, 2024
Donziger Unveils Plan To Launch Impact Litigation Fund
Sitting before an intimate audience of environmental investors and business leaders, disbarred environmental lawyer Steven Donziger recounted his 30-year battle with Chevron Corp. and its predecessor Texaco Inc. in Manhattan on Thursday, before laying out his plan to launch an impact litigation fund.
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September 26, 2024
Oil Co. Can Escape Most Claims In Shell Fraud Suit
A federal judge trimmed most of the claims from a lawsuit brought by a group of Western Pennsylvania landowners who say a Royal Dutch Shell PLC subsidiary fraudulently sold off $9.5 billion of its assets to avoid the possibility of being subject to a judgment in a separate lawsuit.
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September 26, 2024
$30M Deal Reached In 'Intoxicated' Oil Co. Truck Driver Suit
A woman who sued a Texas oil company claiming that an intoxicated employee crashed a company pickup truck head first into her minivan while she was at a red light is set to get a $30 million settlement, attorneys for the plaintiff announced Monday.
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September 26, 2024
Causation Claim Came Early, BP Spill Workers Tell 11th Circ.
Cleanup workers of BP's Deepwater Horizon spill who say they were sickened by exposure to crude oil urged the Eleventh Circuit Thursday to reverse a judgment in favor of the company, arguing a Florida judge jumped the gun in tossing expert testimony about the links between their work and the respiratory conditions the workers say they developed.
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September 26, 2024
Tribunal Halts $52.8M German Tax Collection Against Oil Cos.
German tax authorities shouldn't collect a windfall profits tax totaling at least €47.2 million ($52.8 million) from two oil refineries before the dispute has been litigated, a tribunal of the International Centre for Settlement of Investment Disputes said.
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September 26, 2024
Feds Split $71M Clean Energy Award Between 13 Tribes
The Biden administration is investing $71 million to electrify homes in 13 tribal communities across Indian Country in an effort to close ongoing access to electricity gap problems with clean energy sources.
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September 26, 2024
VivoPower Keeps HQ In UK To Qualify For $21B Gov't Program
Sustainable energy solutions company VivoPower International PLC and hydrogen technology business Future Automotive Solutions and Technologies on Thursday outlined additional terms to their proposed $1.13 billion merger, including settling the combined company's headquarters in the U.K. in order to qualify for potential "significant and attractive" government incentives.
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September 26, 2024
Steel Cos. Urge Feds To Probe Thai Pipes For Duty Evasion
Domestic steel companies and a labor union urged the U.S. Department of Commerce to investigate oil and gas pipe imports, alleging that foreign importers are skirting antidumping and countervailing duties on Chinese steel pipes by shipping them through Thailand.
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September 26, 2024
Qualcomm Eyes Massive Buyout Of Intel, Plus Other Rumors
Qualcomm has approached struggling rival Intel with a takeover offer, Chevron's $53 billion acquisition proposal for Hess is expected to win regulatory clearance, and private Equity Firm BC Partners wants to buy a minority stake in EuroLeague. Here, Law360 breaks down these and other notable deal rumors from the past week.
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September 26, 2024
Conn. Jury Finds Oil Trader Guilty In Petrobras Bribery Scheme
A Connecticut federal jury convicted a former oil trader on charges that he sent millions in bribes through an intermediary to officials at Brazilian state oil giant Petroleo Brasileiro, capping a three-week trial on Thursday.
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September 26, 2024
Texas Energy Co. Is Owed $8.1M Research Credit, Court Told
An energy company that said it developed a method for recycling water produced by fracking is owed $8.1 million in tax credits for research related to developing new oil production methods in the U.S. and Canada, the company told a Texas federal district court.
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September 25, 2024
Ohio Train Derailment Plaintiffs Win Final OK Of $600M Deal
An Ohio federal judge on Wednesday gave her final blessing to a $600 million settlement resolving claims brought by residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year.
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September 25, 2024
Gramercy Tells Del. Court Don't Capitulate To Citgo Bidders
Hedge fund Gramercy is fighting a bid to halt litigation it filed in Texas and New York to collect on certain Venezuelan debt, telling a Delaware judge that it's just one entity in a sea of Venezuela's creditors pursuing litigation that could impact an upcoming sale of Citgo's parent company.
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September 25, 2024
10th Circ. To Hear Arguments In Utah Monument Row
A Tenth Circuit panel will hear arguments on Thursday in a dispute over President Joe Biden's redesignation of 1.4 million acres of land in Utah that reclaimed the Bears Ears National Monument.
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September 25, 2024
Transco Backers Urge DC Circ. To Revisit Pipeline Ruling
Natural gas and pipeline entities are firing back at a D.C. Circuit ruling that scrapped Federal Energy Regulatory Commission approvals for a five-state pipeline expansion project being pursued by the Transcontinental Gas Pipe Line Co., with one rival company saying the court's flawed decision sent "shockwaves through the industry."
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September 25, 2024
Baker Botts, Latham Lead Natural Gas Producer's $270M IPO
Natural gas producer BKV Corp. on Wednesday priced a $270 million initial public offering below its range, completing a long-awaited IPO nearly two years after filing plans, represented by Baker Botts LLP and underwriters' counsel Latham & Watkins LLP.
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September 25, 2024
Power Plant Insurers Take GE Arbitration Fight To 11th Circ.
Insurers for an Algerian power plant that sustained losses from a defective gas turbine told an Eleventh Circuit panel Wednesday that a lower court wrongly forced arbitration, arguing it was not subject to that provision as a third-party beneficiary in a services contract with General Electric.
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September 25, 2024
Feds Say 'Wall Of Evidence' Supports Petrobras Bribery Case
A Connecticut oil trader violated the Foreign Corrupt Practices Act by sending millions in bribes to officials at Brazilian state oil giant Petrobras through a shady intermediary, federal prosecutors told a jury during closing arguments Wednesday, arguing that a "wall of evidence" points to the defendant's intent.
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September 25, 2024
EPA Can't Justify Calif. Emissions Ruling, High Court Told
Republican-led states told the U.S. Supreme Court the U.S. Environmental Protection Agency can't justify a D.C. Circuit decision backing its authorization of a Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for certain vehicles and run a zero-emissions vehicle program.
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September 25, 2024
US Steel Clears One Hurdle In $14B Nippon Steel Deal
An arbitration board has sided with U.S. Steel amid its union's challenge to a planned $14.9 billion acquisition by Nippon Steel, clearing one hurdle while Nippon continues fighting on another front for approval from the Committee on Foreign Investment in the U.S.
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September 25, 2024
Akin Adds Energy-Sector Adviser From Greenberg Traurig
Akin Gump Strauss Hauer & Feld LLP announced Wednesday that it's welcoming an energy-sector-focused attorney from Greenberg Traurig LLP, as the firm says opportunities to invest in sustainable energy projects have fueled client demand.
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September 25, 2024
Norfolk Southern Names New CLO After Ouster Of Execs
Norfolk Southern Corp. has promoted an employee who has worked in its legal department since 2010 to serve as its chief legal officer following the firing of the woman who previously held the post over her relationship with the transportation giant's ousted CEO.
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September 25, 2024
Fuel Refiner Vertex Hits Ch. 11 With $422M Debt, Lender Deal
Oil refiner Vertex Energy filed for Chapter 11 protection with $422.5 million in debt and plans to pursue a sale under a prenegotiated restructuring agreement.
Expert Analysis
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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How IRA Unlocks Green Energy Investments For Tribes
An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.
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Tipsters May Be Key To Financial Regulators' ESG Efforts
The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission are looking to whistleblowers to assist their climate and ESG task forces, suggesting insider information could be central to the agencies' enforcement efforts against corporate greenwashing, false investment claims and climate disclosure violations, says John Crutchlow at Youman & Caputo.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.