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Energy
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March 13, 2025
Ore. Tribes Challenge Utility's Eminent Domain Bid
An Oregon Indigenous community is fighting a bid by Portland General Electric Co. to condemn five acres of public land for the maintenance and operation of its hydroelectric project, arguing that the move is a pretext to eliminate its ceremonial fishing platform at the state's largest waterfalls.
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March 13, 2025
Energy Co. Faces Investor Suit Alleging AES, Siemens Rifts
Energy storage company Fluence Energy Inc. faces a proposed investor class action alleging it concealed the impact to its revenues of growing rifts and falling business with its founders, German conglomerate Siemens AG and U.S. utility company AES Corp.
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March 13, 2025
6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit
The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.
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March 13, 2025
ADM Can't Duck Suit Over Nutrition Biz Investigation
An Illinois federal judge has refused to dismiss an investor suit claiming that the purported growth of Archer Daniels Midland's nutrition segment was based on improper accounting practices, saying the shareholders have made "robust" allegations that company executives made knowingly false statements about its profitability.
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March 13, 2025
Akin's Energy Transition Group Grows With V&E Tax Atty
Akin Gump Strauss Hauer & Feld LLP has hired a Vinson & Elkins LLP tax counsel who has spent the past decade counseling clients on the federal income tax aspects of energy transition transactions, the firm announced Thursday.
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March 13, 2025
Chubb Units Say Insurer Must Share $15M Explosion Costs
Another insurer must help cover the nearly $15 million two Chubb units spent settling injury claims against the owner and operator of a gas-processing plant that faced 15 underlying lawsuits stemming from a fatal explosion, the units told a Louisiana federal court.
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March 13, 2025
5th Circ. Sides With NLRB On Reconsidered Exxon Ruling
The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.
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March 13, 2025
DOL Board Revives H-2B Bid For Hyundai EV Plant
A U.S. Department of Labor appeals board revived a company's application to hire 120 H-2B workers to install an automated guided vehicle system at a Hyundai electric vehicle plant, saying the agency failed to adequately raise or justify its concerns.
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March 13, 2025
Judge Orders Reinstatement Of Many Fired Federal Workers
A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."
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March 12, 2025
Calif. Asks Justices To Ax Fuel Groups' Clean Air Waiver Suit
California asked the U.S. Supreme Court on Wednesday to uphold the D.C. Circuit's ruling that biofuel and fossil fuel industry players don't have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing the Golden State to set standards limiting greenhouse gas emissions for vehicles.
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March 12, 2025
EPA Puts 'Holy Grail Of Climate Change Religion' In Crosshairs
The U.S. Environmental Protection Agency on Wednesday said it is reconsidering its 2009 finding that some greenhouse gases endanger humans' health and welfare — putting the fate of rules that sprang from that landmark conclusion into question.
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March 12, 2025
European Commission Wants DC Court To Ax $84M ECT Suit
The European Commission has urged a D.C. federal court to toss an investor's suit against Spain to enforce an approximately €77 million ($84 million) arbitral award under the Energy Charter Treaty as the country plans to ask the U.S. Supreme Court to review a related case.
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March 12, 2025
EPA Says Grant Termination Moots Climate Group's Challenge
The U.S. Environmental Protection Agency told a D.C. federal judge Wednesday that its cancelation of $20 billion in grant funding for climate change projects renders moot Climate United Fund's claim that Citibank is illegally denying its disbursement requests.
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March 12, 2025
Willkie Beats Malpractice Suit Over ERISA Ch. 11 Advice
An Ohio federal judge affirmed Tuesday a bankruptcy court's decision tossing legal malpractice claims filed by a coal company executive's estate against Willkie Farr & Gallagher LLP, rejecting the estate's arguments it sufficiently alleged Willkie was grossly negligent in failing to warn the estate about a potential $6.5 billion ERISA liability.
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March 12, 2025
Pa. Coal Co. Auction Gets 2-Week Pause After Value Spike
A Pennsylvania bankruptcy judge has agreed to allow a pause in the auction of bankrupt Corsa Coal Corp.'s assets after hearing from lawyers in the Chapter 11 case that the machinery, equipment and real estate being sold has recently been appraised for more than the current bids.
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March 12, 2025
Justices Face Renewed Calls To Nix Mass. Wind Farm Permits
Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.
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March 12, 2025
Northvolt's Ch. 11 Dismissal Possible After Swedish Filing
Bankrupt electric vehicle battery maker Northvolt AB told a Texas bankruptcy judge that its Chapter 11 case is possibly headed for dismissal after its parent company filed an insolvency case in Swedish court early Wednesday.
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March 12, 2025
Ohio Man Gets 30 Months For $2M Energy Investment Scam
An Ohio man was sentenced to 2½ years in federal prison for his role in a $2 million scheme that duped investors into thinking they were funding the construction of a plant that would convert biodegradable waste into green energy, acting U.S. Attorney Troy Rivetti announced.
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March 12, 2025
Feds, Ex-Cognizant Execs Ink April Date For FCPA Trial
A New Jersey federal judge set an April 7 trial date for the Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives on Wednesday, firming up a case timeline that's been beset by multiple delays, most recently due to the Trump administration's retreat from enforcing the statute.
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March 12, 2025
Construction Co. Must Face Insurer's $7M Iron Plant Fire Suit
A construction company can't avoid an AIG unit's $7 million subrogation suit over a fire at an iron processing plant, a Texas federal court ruled, saying the insurer sufficiently stated a claim for negligence.
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March 12, 2025
Energy Co. Asks Justices To Skip On Inspector's OT Case
Energy industry service provider Killick Group told the U.S. Supreme Court that the Fifth Circuit correctly considered a pipeline inspector an independent contractor because he had autonomy in his job, urging the justices to stay out of the worker's overtime case.
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March 11, 2025
Oil Trader Opposes Poland's Bid To Toss $55M Energy Award
A Cypriot multinational commodities trader wants a D.C. federal court to deny Poland's bid to toss the company's petition to confirm a $55 million arbitral award, saying the country wrongly claims the award no longer exists.
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March 11, 2025
USPTO Acting Director To Review Bitcoin, Railway Patents
The U.S. Patent and Trademark Office's current acting director made some of her first moves wading into patent board rulings, deciding last week to take a closer look at two board decisions involving blockchain mines and railway signs.
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March 11, 2025
Trump Admin Shutters EPA's Enviro Justice Office
The U.S. Environmental Protection Agency on Tuesday dissolved its more than 30-year-old environmental justice and civil rights office, the latest in a string of EPA actions targeting efforts to ease pollution burdens on historically disadvantaged communities.
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March 11, 2025
Zachry Opposes Nebraska Utility's $38M Administrative Claim
Bankrupt natural gas contractor Zachry Holdings has objected to a Nebraska public electric utility's administrative claim seeking $38 million in damages for delays in the construction of new generating stations, saying it is too early to seek the claim, and the requested fees exceed the purported damages.
Expert Analysis
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.