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Energy
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January 30, 2025
FERC Says Pacific NW Pipeline Approval Was By The Book
The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.
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January 30, 2025
Kirkland-Led Oil And Gas Producer Infinity Prices $265M IPO
Oil and gas producer Infinity Natural Resources priced a $265 million initial public offering Thursday within its range, represented by Kirkland & Ellis LLP and underwriters counsel Latham & Watkins LLP, adding to a recent wave of energy-related IPOs.
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January 30, 2025
Peruvians Tell High Court Smelter Lawsuit Should Proceed
Peruvian nationals suing U.S. billionaire Ira Rennert's The Renco Group Inc. for allegedly poisoning them with toxic chemicals from a smelting and refining complex in a rural part of the country are asking the U.S. Supreme Court to let their litigation move forward.
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January 30, 2025
Valve Maker Had Decades To Prevent Lyondell Leak, Jury Told
Eight men injured in a chemical leak at a LyondellBasell facility in La Porte, Texas, told a Houston jury Thursday that a pipe valve manufacturer knew its product posed a "serious and deadly hazard" for workers decades before the 2021 leak.
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January 30, 2025
Tribe's Alaskan Burial Site Dispute Paused During Talks
An Alaska federal court has agreed to pause a tribe's suit against state entities and the Federal Aviation Administration over excavations of archaeological artifacts and ancestral remains found during construction of an airport runway as the parties talk about resolving the dispute without further litigation.
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January 30, 2025
Energy Co. Takes Aim At FERC Enforcement Powers
A North Carolina-based energy efficiency aggregator is challenging the constitutionality of the Federal Energy Regulatory Commission's authority to investigate it and order it to explain why it should not face nearly $1 billion in penalties for disputed market manipulation and tariff violation allegations.
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January 30, 2025
EPA Says Okla. Must Give Tribes Say In Enviro Policies
Oklahoma must work with its tribal nations in administering dozens of environmental polices, the U.S. Environmental Protection Agency has said in a decision modifying a previous order that allowed the Sooner State full regulatory authority over the majority of Indian Country.
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January 30, 2025
Atty Should Lose License In Billing Scandal Case, Judge Says
A San Fernando Valley attorney colluded with attorneys for the city of Los Angeles in a water utility class action for which he received a $1.65 million fee and later sought to hire hackers to spy on the judge presiding over the class suit, a State Bar of California judge has found.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Dentons Partner Joins Mintz's Energy And Sustainability Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired a former Dentons partner who will split time between New York and Washington, D.C., working with clients on project finance matters in the energy space, the firm recently announced.
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January 29, 2025
SEC Wins $11.3M In Texas Oil Investment Fraud Case
A Texas federal judge ruled in favor of the U.S. Securities Exchange Commission in an 11-year-old case accusing brokers of soliciting more than 340 "partners" to invest in drilling projects that were actually unregistered investment vehicles, granting the request for over $11 million in disgorgement, interest and a civil penalty from one of the brokers and his companies.
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January 29, 2025
Mich. Judge Doubts Discovery Dispute Should DQ Firm
A Michigan federal judge on Wednesday said a law firm's alleged "bad behavior" doesn't necessarily mean it can't represent a former CEO of a solar energy company, telling residents who sought to disqualify the firm because of a supposed conflict that their complaints may be better dealt with through discovery motions.
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January 29, 2025
Comet Lands $17M Fee Award After $40M Trade Secret Win
A California federal judge has ordered Singapore-headquartered XP Power to pay $17 million to Comet Technologies USA for the tech company's legal fees in the wake of Comet's $40 million trial win, saying the award will deter "malicious trade secret misappropriation" and "encourage trade secret defendants to make reasonable litigation decisions."
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January 29, 2025
Cobalt Refiner Hits Ch. 11 With Plan To Cut $164M In Debt
A Texas bankruptcy judge Wednesday put the operator of one of the world's largest cobalt refineries on course for a March hearing on a Chapter 11 plan to shed nearly $164 million in debt as it deals with depressed cobalt prices it blames on Chinese oversupply.
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January 29, 2025
New DOT Chief Orders Fuel Economy Standards Redo
U.S. Secretary of Transportation Sean Duffy has ordered the National Highway Traffic Safety Administration to retool its "extraordinarily stringent" vehicle fuel economy standards, immediately diving into President Donald Trump's rollback of Biden-era policies aimed at bolstering electric vehicles.
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January 29, 2025
Senate Confirms Former Rep. Lee Zeldin To Lead EPA
The U.S. Senate on Wednesday confirmed former New York congressman Lee Zeldin to lead the U.S. Environmental Protection Agency.
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January 29, 2025
Chevron, Ex-Manager End Bias Suit Over Altered COVID Tests
Chevron and a former manager agreed to end the worker's lawsuit claiming she was fired for not speaking up about workers changing COVID-19 test records to avoid travel restrictions while men who did the same thing kept their jobs, according to Texas federal court filings.
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January 29, 2025
4 Questions About Trump's Federal Worker Resignation Policy
President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.
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January 29, 2025
3rd Circ. Says DOE Pool Pump Rule Detractor Failed To Object
A Third Circuit panel unanimously denied on Wednesday a swimming pool pump manufacturer's challenge of the U.S. Department of Energy's conservation standards for pump motors, ruling that the company had waived its argument.
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January 29, 2025
Orrick Adds Bradley Arant Energy Regulatory Pro In DC
Orrick Herrington & Sutcliffe LLP has grown its energy capabilities in the nation's capital with the addition of an attorney from Bradley Arant Boult Cummings LLP.
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January 29, 2025
Tribal Leaders Call Funding Freeze A 'Step In Wrong Direction'
Native American nonprofit groups and tribal leaders are weighing the effects of the Trump administration's possible federal funding freeze, calling the president's directive, which was revoked on Wednesday, shocking and vowing to bring legal action if necessary to protect Indian Country and the nation's Indigenous citizens.
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January 29, 2025
$7.8B ChampionX Deal Gets Added Scrutiny Across The Pond
SLB's path to closing its proposed $7.8 billion acquisition of ChampionX got a little trickier Wednesday as the U.K. Competition and Markets Authority launched a formal investigation into a deal that is also under the scrutiny of U.S. regulators.
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January 29, 2025
White House Rescinds Trump's Spending Freeze
The White House on Wednesday rescinded a directive freezing federal funding, saying it wants to end litigation and confusion, but said the move will not end a review of spending to ensure compliance with a series of executive orders by the president.
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January 28, 2025
Combat Vet Says Army Base Job Triggered PTSD In $25M Suit
A U.S. Army combat veteran has filed a worker discrimination complaint seeking $25 million from a Washington recycling company, alleging that his former civilian employer mocked his military service and dispatched him to a military base despite knowing it brought back war zone fears and triggered PTSD symptoms.
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January 28, 2025
Energy Co. Seeks Abeyance In Dakota Access Pipeline Row
The operator of the Dakota Access Pipeline has asked the D.C. federal district court to suspend a South Dakota tribe's suit to shut down the pipeline's use until the court first rules on the tribe and federal government's competing motions for summary judgment.
Expert Analysis
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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How Global Data Center Regs May Influence US Policies
As regulators around the world react to the growth of data centers, and their increasing consumption of energy, water and land, international policies in this area may influence how the incoming U.S. administration regulates data centers in this country, say attorneys at HWG.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Key Points From New Maritime Oil Price Cap Advisory
The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Trump Presidency May Mean For Climate Reporting
While the Trump administration will likely take a hands-off approach to climate-related disclosures and rescind regulations promulgated under the Biden administration, state and international ESG laws mean the private sector may not reverse course on such disclosures, say attorneys at Seyfarth.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Still Up In The Air After Ruling On Calif. Climate Laws
A California federal court's recent ruling on challenges to California's sweeping climate disclosure laws resolved some issues, but allows litigation over the constitutionality of the laws to continue, and leaves many important questions on what entities will need to do to comply with the laws unanswered, say attorneys at Paul Hastings.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Cos. Should Inventory Issues To Prep For New Congress
As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.