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Energy
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December 18, 2024
Day Pitney Adds Another Energy Counsel In DC
A month after it hired an energy partner with some 30 years of experience, Day Pitney LLP again has bolstered its energy team by adding another veteran attorney who has worked with energy regulatory and transactional matters for more than two decades.
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December 18, 2024
The Biggest 1st Circ. Rulings Of 2024
The nation's smallest federal circuit court in 2024 issued an opinion tackling the government of Mexico's efforts to hold U.S. firearms makers responsible for the flow of illegal arms across the southern border, determining the claims are not barred by a litigation shield, among other high-profile decisions.
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December 18, 2024
Mont. High Court Cements Right To 'Stable Climate System'
The Montana Supreme Court on Wednesday ruled that the state's constitution guarantees the right to "a stable climate system" and affirmed a lower court's decision to strike down state law provisions that barred the consideration of greenhouse gas emissions in permitting decisions.
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December 18, 2024
Top Conn. Cases Of 2024: Kickbacks, Paybacks And Bribes
Judges and juries in Connecticut awarded several multimillion-dollar verdicts against companies big and small in 2024, socking Johnson & Johnson in a talc case in which the already substantial damages could multiply and ordering a pharmacy that paid kickbacks to cough up nearly four times the money it cost the state.
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December 17, 2024
Del. Justices Won't Revive Investors' $2.4B EV SPAC Deal Suit
The Delaware Supreme Court has declined to reinstate a proposed class action in the state's Chancery Court that accused a blank-check company of withholding key information from investors ahead of its $2.4 billion go-public deal with electric-vehicle maker Canoo Holdings Ltd.
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December 17, 2024
Red States Can Back Feds In Dakota Access Pipeline Row
A North Dakota federal judge said Tuesday that 13 Republican-led states can back the federal government in litigation brought by the Standing Rock Sioux Tribe seeking to halt operations of the Dakota Access Pipeline.
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December 17, 2024
Distributor Seeks OK Of $131M Venezuela Award
A Hong Kong goods distributor has kicked off litigation in Delaware looking to enforce a $131 million arbitral award against a subsidiary of Venezuela's state-owned oil company, stating in its petition that it wants to target the country's interest in the oil giant Citgo.
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December 17, 2024
Insurer Can't Duck Coverage Of Fire Suit, Texas Jury Finds
A Texas federal jury rejected an insurer's bid to escape covering a trucking company in an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, finding that the incident was not caused by the excluded act of hydrofracking.
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December 17, 2024
DC Circ. Nixes Challenge To Union Vote At Transformer Co.
An electrical transformer manufacturer can't overturn the National Labor Relations Board's certification of a union with claims that agency officials botched the representation vote, the D.C. Circuit ruled Tuesday, saying the company's allegations about the length of the voting period lack merit.
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December 17, 2024
Senate GOP Enviro Leader Questions EPA On Grant Funding
The leading Republican on the Senate Environment and Public Works Committee said Tuesday she's worried about the "potential for misuse" of the $30 billion in funding being doled out by the U.S. Environmental Protection Agency.
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December 17, 2024
Renewable Energy Investor Asks Court To OK €42M Award
A Luxembourg-based renewable energy investment firm on Tuesday urged a District of Columbia federal judge to confirm a €41.8 million ($43.9 million) arbitration award over Spain's abandoned energy economic incentives after the D.C. Circuit recently said such awards can be enforced.
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December 17, 2024
Revised LNG Export Study Flags Gas Price And Climate Worries
The Biden administration on Tuesday said that unconstrained U.S. exports of liquefied natural gas would increase both domestic energy prices and cumulative greenhouse gas emissions, and retained a pause on export project reviews that President-elect Donald Trump is expected to lift upon taking office.
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December 17, 2024
5th Circ. Tosses EPA Rule After Agency Loses Docs
The Fifth Circuit on Tuesday granted the U.S. Environmental Protection Agency's unusual request that the court vacate a challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan.
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December 17, 2024
CFPB Finalizes Rule For PACE Loans
The Consumer Financial Protection Bureau on Tuesday finalized a rule that applies standard mortgage protections to so-called Property Assessed Clean Energy loans, where homeowners pay for upgrades through property tax bills.
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December 17, 2024
Yukos Capital Opposes Stay In $5B Russia Award Suit
The financing arm of Yukos Oil Co. urged a D.C. federal court on Monday not to pause its lawsuit looking to enforce a $5 billion arbitral award against Russia while litigation involving similar issues plays out, saying the Kremlin is needlessly dragging its feet.
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December 17, 2024
Oil Cos. Seek Coverage For Water Byproduct Pollution
Two oil and gas companies accused their commercial general liability insurer and certain Lloyd's of London underwriters of denying coverage for a release of waste byproduct in bad faith, telling a New Mexico federal court the release further triggered state-supervised remediation efforts that imposed additional costs.
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December 17, 2024
Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative
The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.
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December 17, 2024
Asset Manager Gets 2½ Years For Role In $1.2B PDVSA Scheme
A Florida federal judge on Tuesday sentenced an asset manager who pled guilty to participating in a $1.2 billion scheme to embezzle money from Venezuela's state-owned oil company to 2½ years in prison.
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December 17, 2024
Senate Dem's Bill Would Mandate New FCC Outage Reports
Networks that receive funding to help them rebound from climate-related disasters would need to file new reports of outages to the Federal Communications Commission under a Democratic bill filed in the U.S. Senate.
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December 17, 2024
PG&E Secures $15B Energy Dept. Loan To Upgrade Grid
The U.S. Department of Energy said on Tuesday that it has conditionally committed to lending Pacific Gas & Electric Co. up to $15 billion for projects aimed at expanding hydropower generation and clean energy infrastructure in California.
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December 17, 2024
IRS Corrects Proposed Admin Requirements For Direct Pay
The Internal Revenue Service issued a correction Tuesday to proposed regulations laying out administrative requirements for tax-exempt entities to elect out of their partnership status in order to take advantage of new rules enabling direct cash payment of clean energy tax credits.
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December 17, 2024
Possible 6th Circ. Picks Now That Biden's Nominee Is Done
A district judge, state Supreme Court justice and a former Federal Energy Regulatory Commission member are among the contenders for a seat on the Sixth Circuit when the outgoing judge retires, a pending vacancy that had been a matter of contention between Tennessee's senators and the Biden administration.
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December 16, 2024
Circuit-By-Circuit Guide To 2024's Most Memorable Moments
One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.
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December 16, 2024
Lye Indirect Buyers Can't Certify Price Fixing Class
A New York federal judge denied a bid for class certification from indirect buyers of lye who allege manufacturers of the chemical colluded to inflate prices, saying Monday they didn't show common questions predominate for their proposed classes or that most members suffered an injury due to the alleged cartel.
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December 16, 2024
Ex-Ill. Rep. Says He Got ComEd, AT&T Work With Madigan's Help
Former Illinois state Rep. Eddie Acevedo testified Monday that he obtained consulting work from utilities ComEd and AT&T with former House Speaker Michael Madigan's help, but pushed back on prosecutors' suggestion that he performed little to no work for the pay.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Brownfield Questions Surround IRS Tax Credit Bonus
Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.