Energy

  • November 20, 2024

    Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

    Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

  • November 20, 2024

    Azerbaijan Files Energy Charter Treaty Claim Against Armenia

    The government of Azerbaijan said it has filed new legal papers in its arbitration against the Republic of Armenia under the Energy Charter Treaty, claiming it seeks financial damages for Armenia's unlawful exploitation of Azerbaijan's renewable energy projects and sites.

  • November 20, 2024

    Adani Group Chairman Charged In Sprawling Bribery Case

    Prosecutors unsealed a sprawling criminal indictment in New York federal court Wednesday, accusing Adani Group Chairman Gautam S. Adani and seven others of orchestrating a $250 million bribery scheme to secure lucrative Indian government renewable energy contracts, while misleading investors about the Adani Group subsidiary's dealings.

  • November 20, 2024

    Tribe Fights Ore. Irrigation District At 9th Circ. Over Water Use

    The Yurok Tribe has joined with fishing and conservation groups in asking the Ninth Circuit to deny an irrigation district's bid to certify questions to the Oregon Supreme Court over the U.S. Bureau of Reclamation's authority to control water use under state law.

  • November 20, 2024

    Va. Gov. Can't Exit Carbon Trading Program, Judge Says

    Virginia Gov. Glenn Youngkin's administration can't withdraw from a regional carbon emissions-trading program the Legislature ordered the state to join three years ago without first securing legislative approval, a Virginia circuit court judge ruled Wednesday.

  • November 20, 2024

    Advance Notice Bylaw Measures Fuel Chancery Battle

    Arguing that recent corporate advance notice bylaws have resulted in "real, actual harm" to stockholders of Owings Corning and The AES Corp., attorneys for shareholders of both urged a Delaware vice chancellor on Wednesday to reject calls to dismiss challenges to the measures.

  • November 20, 2024

    FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

    The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

  • November 20, 2024

    Gas Bill Challenge Finds Little Purchase With Colo. Justices

    Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.

  • November 20, 2024

    Split Ohio Supreme Court OKs Power Co.'s Herbicide Use

    The Ohio Supreme Court on Wednesday reversed an early win for landowners in a case against Ohio Edison Co. that had sought to stop the company from using herbicide on their property to clear space for power lines.

  • November 20, 2024

    10th Circ. Questions Sunoco Bid To Nix $180M Royalty Ruling

    Tenth Circuit judges on Wednesday weighed Sunoco Inc.'s latest bid to undo a $180 million judgment for withholding late interest payments on oil royalties to Oklahoma landowners, and sharply questioned the company's argument that the class action should never have been certified.

  • November 20, 2024

    10th Circ. Side-Eyes Gas Royalty Claims Against Chevron Unit

    Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.

  • November 20, 2024

    FERC Made Climate Case For Tennessee Pipeline, DC Circ. Told

    The Federal Energy Regulatory Commission properly considered the climate change benefits of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant set to replace a coal-fired plant, the project's developers and customers told the D.C. Circuit.

  • November 20, 2024

    Conn. Regulator Slashes $35M From Utility Revenue Plans

    The Connecticut utilities regulator has rejected bids by two Avangrid Inc. units seeking a ratepayer-funded boost of $63 million, instead slashing their bottom lines by a collective $35 million in a move that was praised by the Constitution State's top enforcer. 

  • November 19, 2024

    11th Circ. Urged To Revive Fla. Cancer Cluster Suit

    Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.

  • November 19, 2024

    ​​​​​​​Loper Bright Can't Save DTE Safety Appeal, Mich. Court Says

    A Michigan appellate court was not persuaded by an energy company's invocation of the demise of the Chevron agency-deference doctrine, affirming on Monday a safety citation issued to the company after an employee's death and ruling that the state never followed Chevron deference anyway.

  • November 19, 2024

    Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus

    President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.

  • November 19, 2024

    Oil Refiner Not Obligated To Arbitrate Oil Sands Project Claims

    A Canadian appeals court has determined that an Alberta oil refiner is not obligated to arbitrate its claims against subcontractors in a dispute that arose from allegedly defective steam generator modules intended for a steam-assisted gravity drainage oil sands project northeast of Fort McMurray, Alberta.

  • November 19, 2024

    Neb. AG Expands Electric Trucks Fight To Volvo, Daimler

    However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.

  • November 19, 2024

    Feds Defend BLM Authority In States' Methane Rule Challenge

    The Biden administration has urged a North Dakota federal court to grant it a summary judgment win in five states' lawsuit challenging a new rule aimed at cracking down on natural gas waste, defending the rule's creation as being well within the Bureau of Land Management's statutory authority.

  • November 19, 2024

    After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2

    Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.

  • November 19, 2024

    LA Waterkeeper Sues Union Pacific Over Pollution Controls

    The Los Angeles Waterkeeper slapped Union Pacific Railroad Co. with a complaint in California federal court, alleging the company's failure to implement pollution controls at four industrial facilities has led to hazardous discharges of heavy metals and oils into the San Jose Creek, San Gabriel River and other bodies of water.

  • November 19, 2024

    Utah Counties, Feds Ask Justices To Restore Rail Oil Project

    Utah counties and the federal government fired back at a Colorado county's attempt to affirm a D.C. Circuit ruling that overturned federal approval of a rail project intended to haul crude oil out of Utah's Uinta Basin, telling the U.S. Supreme Court in separate briefs the county's understanding of the National Environmental Policy Act is incorrect.

  • November 19, 2024

    Unjust PJM Power Auction Rules Must Be Redone, FERC Told

    State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.

  • November 19, 2024

    Trump Names Wall St. Exec For Chief Commerce Role

    Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.

  • November 19, 2024

    Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs

    The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.

Expert Analysis

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Reform NEPA To Speed Mining Permits, Clean Energy Shift

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    It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • A Case Study For Calif. Cities In Water Utility Takeovers

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    With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Tracking Implementation Of IRA Programs As Election Nears

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    As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • How Justices' Chevron Ruling May Influence Wind Projects

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    Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

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