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Energy
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October 28, 2024
Russia Says High Court Case May Help Nix $5B Award Suit
Russia has told a D.C. federal court that a case recently accepted for review by the U.S. Supreme Court may provide it a path to argue that the court lacks jurisdiction to decide a case brought against the country by a Yukos Oil Co. unit.
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October 28, 2024
Texas Sues Biden Admin Over Mussels' Endangered Status
Texas sued the U.S. Department of the Interior over a recent federal classification naming several central-Texas mussel species as endangered or threatened, telling a Texas federal court Monday that the agencies failed to consider current conservation efforts and economic impacts of the new rule.
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October 28, 2024
Metals Co. Owner Convicted Of Tax Fraud In $58M Theft Case
A Delaware federal jury convicted the owner of a gold and silver depository of tax fraud and other crimes tied to the government's accusations that he stole $58 million in precious metals from his customers, according to court filings.
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October 28, 2024
Wrongful Death Coverage Capped At $1M, Zurich Says
Zurich urged a Colorado federal court to grant it an early win in a lawsuit brought by a pipeline construction company stemming from an underlying wrongful death action, arguing that relevant policy language only guaranteed the company $1 million instead of twice that amount.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
Calif.'s 2018 Fire Reimbursement Suit Meets Skeptical Judge
A Los Angeles judge appeared dubious Monday that the state of California can use litigation against Southern California Edison to recover emergency funds distributed to local agencies that responded to the destructive Woolsey Fire in 2018.
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October 28, 2024
Philly Attys Sued For Allegedly Botching Bias Lawsuit
A malpractice suit filed in Philadelphia court alleges that attorneys at the Law Offices of Eric A. Shore did not properly manage a pair of federal employment discrimination cases for a power plant engineer, causing the dismissal of one complaint and a diminished jury verdict in the second.
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October 28, 2024
Brouillette Stepping Down As Utility Trade Group's Head
Dan Brouillette, a former energy secretary during the Trump administration, on Monday said he will be leaving his role as president and CEO of the Edison Electric Institute later this year to focus on global energy challenges.
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October 25, 2024
Entergy Struggles To Challenge FERC Decision At DC Circ.
The D.C. Circuit is set to decide whether or not utility giant Entergy will be allowed to challenge the Federal Energy Regulatory Commission's rejection of a plan that would change capacity market rules, after finding that it would give Entergy too much market power.
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October 25, 2024
NEPA Rail Ruling Backers Flood Justices With Amicus Briefs
Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.
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October 25, 2024
2nd Circ. Denies BNP Quick Appeal In Sudan Refugee Suit
The Second Circuit rejected BNP Paribas SA's attempt to immediately appeal a New York federal judge's May ruling certifying a class of Sudanese refugee plaintiffs in litigation accusing the bank of funding the former Sudan government's human rights violations.
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October 25, 2024
Ex-Venture Global Exec Says Co. Lowballed, Then Fired Her
A former Venture Global executive has sued the U.S. natural gas company in Virginia federal court for allegedly breaching a decades-old stock option agreement, claiming the company's co-founders refused to let her exercise millions of dollars' worth of soon-to-expire options, then fired her for complaining.
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October 25, 2024
Bangladesh Rips DC Judge's Arrest Warrant On IMF Officials
The government of Bangladesh said Friday it is "unprecedented" that a D.C. federal judge ordered the arrest of two high-ranking Bangladeshi officials to force their depositions in a power company's lawsuit to enforce $31.9 million in arbitration awards.
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October 25, 2024
Trina Solar Seeks Import Ban On Solar Cells That Infringe IP
Trina Solar Co. Ltd. has advanced its campaign to ban competitors' solar products from the U.S., calling on the U.S. International Trade Commission to prohibit the import of Canadian Solar Inc. products that purportedly infringe its intellectual property.
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October 25, 2024
State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit
Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.
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October 25, 2024
Judge Won't Revisit Ruling On Contractor Registration Clause
A Court of Federal Claims judge has refused to reconsider her ruling that a previously disqualified bidder was eligible for a $45 billion nuclear cleanup deal after fixing a lapsed federal registration, despite a contrary decision by another judge on the court.
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October 25, 2024
Biden Admin Puts Up $4B For Clean Energy, Grid Projects
The Biden administration on Friday said it's handing out approximately $4 billion in combined grants and loans for clean energy purchases and grid upgrades for a slew of states, tribes and electricity co-operatives.
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October 25, 2024
DC Circ. Won't Block EPA Emissions Rule For Steel Plants
A split D.C. Circuit panel has denied bids by U.S. Steel Corp. and Cardinal-Cliffs Inc. to hit pause on a U.S. Environmental Protection Agency rule setting emission standards for integrated iron and steel manufacturing facilities.
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October 25, 2024
BLM Gives Green Light To Nevada Lithium Mine
The Biden administration has announced that it's approving the proposed Rhyolite Ridge lithium mine in southeast Nevada, a decision a conservation group said threatens to push an imperiled wildflower species into extinction.
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October 24, 2024
EPA Agrees To Review Nitrogen Oxides Standard By 2028
The U.S. Environmental Protection Agency said Thursday that it would revisit its national ambient air quality standards for nitrogen oxides by 2028 under a proposed consent decree reached with conservation groups.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Enviro Attys Must Teach Judges Science, Wash. Justice Says
Attorneys shouldn't assume that judges are up to speed on scientific evidence that they're reviewing and instead should work on building judges' knowledge and helping them "feel smart," a Washington Supreme Court justice told environmental lawyers on Thursday.
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October 24, 2024
EPA Can't Rush Truck Electrification, DC Circ. Hears
The U.S. Chamber of Commerce and a trucking industry group have thrown their support behind challengers' attempts to upend the U.S. Environmental Protection Agency's greenhouse gas emission standards for heavy-duty vehicles, telling the D.C. Circuit that the agency is trying to accomplish too much too soon.
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October 24, 2024
DC Circ. Ruling Endangers Distressed Texas Area, Port Says
The owner of the Port of Brownsville in Texas is urging the D.C. Circuit to consider the devastating impacts a panel's decision to vacate Federal Energy Regulatory Commission reauthorization orders for two major liquefied natural gas projects threatens to impose on the region.
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October 24, 2024
Biden Issues Guidelines For National Security Uses Of AI
President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.
Expert Analysis
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
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.
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Recruitment Trends In Emerging Law Firm Frontiers
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.
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How Uyghur Forced Labor Law Affects Importing Companies
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.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
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.
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Series
Glassblowing Makes Me A Better Lawyer
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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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Assessing The Energy Act 2023, Eight Months On
Although much of the detail required to fully implement the Energy Act 2023 remains to be finalized, the scale of change in the energy sector is unprecedented, and with the U.K. prioritizing achieving net-zero, it is likely that developments will continue at pace, say lawyers at Paul Hastings.
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What Alternative Fuel Proposals Mean For EU Infrastructure
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.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
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.
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'Energy Communities' Update May Clarify Tax Credit Eligibility
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.