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April 03, 2024
Hawaii Bio Power Co. Can't Add Merger-Based Antitrust Claims
A Hawaii federal magistrate judge has refused to permit the addition of new allegations, based on a 2017 fossil fuel plant acquisition, to a recently restarted lawsuit accusing the state's largest power company of anticompetitively canceling a contract for a new biomass energy plant.
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April 03, 2024
Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue
The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.
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April 03, 2024
Insurer Wants $38M For Covering Unfinished Road Jobs
An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.
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April 03, 2024
Broker Says Developer Won't Pay Finder's Fee On $24M Loan
A South Carolina real estate developer has failed to fork over a finder's fee to his broker on more than $24 million in financing for a mixed-use project on the coast of North Carolina, according to a newly filed federal complaint.
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April 03, 2024
Skanska Inks $1.4B Contract To Replace Seattle Bridge
Skanska and Washington's Department of Transportation closed a $1.4 billion bridge replacement contract that aims to update Seattle's Portage Bay Bridge so that it's up to "current seismic resiliency standards," the construction and development company announced.
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April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule
The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
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April 02, 2024
Another Judge Says Feds Overstepped With GHG Rule
A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.
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April 02, 2024
20 Republican-Led States Urge Justices To Ax Climate Suits
A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.
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April 01, 2024
RICO Claims Fail In Suit Against Developer, Judge Says
A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.
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April 01, 2024
NY Bill Threatens Public Broadband Networks, Advocates Say
Public broadband advocates are saying new language in a New York state bill would undermine their push for locally owned and operated wireless networks by requiring that state funding only go to projects for "unserved and underserved" areas instead of making the grant money available to any locality that wants to own its own network.
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April 01, 2024
FCC Grants Extensions To 6 Carriers Under 'Rip And Replace'
The Federal Communications Commission is once again granting deadline extensions for the replacement of Chinese-made telecommunications equipment for service providers claiming that supply chain problems and the lack of full "rip and replace" funding is delaying the work.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
SunZia Power Line Challenge Is Ripe, Arizona Tribes Say
A coalition of Arizona tribes and conservation groups challenging the federal government's green light for SunZia Transmission LLC to start building a stretch of its 550-mile, high-voltage power line are defending the timeliness of their bid to halt work and compel the Bureau of Land Management to identify and safeguard cultural sites and sacred areas in the San Pedro Valley.
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March 29, 2024
Spanish Co. Seeks Arbitration For $90M Solar Fight
A Spanish construction and infrastructure company and various subsidiaries are asking a Nevada federal judge to compel arbitration for a string of claims against them in a $90 million dispute centered around a long-troubled, first-of-kind Crescent Dunes Solar Energy Project built in the desert north of Tonopah.
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March 29, 2024
Rural Carriers Worry FCC Broadband Maps 'Vastly' Inaccurate
Rural wireless carriers are concerned Federal Communications Commission maps do not accurately depict where mobile broadband service is available, putting federal support funds at risk.
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March 29, 2024
NTIA Issues $811M In State Digital Equity Funding
The Biden administration is releasing the allocation of the first $811 million of the $1.25 billion in digital equity funding it plans on providing states, territories and tribes to ensure everyone within their borders has the ability and skill to access all the internet has to offer.
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March 29, 2024
DC Circ. Nixes Challenges To Gas Industry Projects
Federal energy regulators had broad discretion to approve "good cause" construction deadline extensions for a gas pipeline across New York state and a Texas Gulf Coast gas terminal expansion, according to a D.C. Circuit panel opinion on Friday that rejected conservation groups' challenges to the projects.
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March 29, 2024
Convicted Energy Grant Fraudster Loses 1st Circ. Appeal
The First Circuit rejected the appeal of a Massachusetts man who was convicted of submitting fraudulent applications for federal grant money under the guise of needing it for energy projects, ruling that the verdict was backed by strong evidence.
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March 29, 2024
Red States Say Court Must Lift LNG Export Review Pause
A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 28, 2024
Del. Judge Sends Panama Port Feud Back To Chancery
A Delaware federal judge has remanded litigation filed by a Hong Kong company alleging that its interest in a lucrative port project near the Panama Canal is being stolen, ruling in a novel decision that an underlying arbitration in Panama did not confer federal jurisdiction.
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March 28, 2024
Advocates Push For More Hot Spot Options If E-Rate Expands
The Federal Communications Commission needs to consider a tech-neutral approach to funding wireless hot spots in schools to make sure that low-income and rural areas do not get left out if mobile carrier signals aren't adequate, an advocacy group said.
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March 28, 2024
Texas Wins Court Bid To Vacate Feds' Highway GHG Rule
A Texas federal judge has dealt the Biden administration a blow by vacating a new Federal Highway Administration rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects, saying Congress never gave the agency that authority.
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March 28, 2024
Va. Landowners Return To Supreme Court In FERC Challenge
Virginia residents with property being condemned for the Mountain Valley Pipeline are asking the U.S. Supreme Court to review a D.C. Circuit decision dismissing their suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority, and its ability to delegate that authority to private companies.
Expert Analysis
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How 2 Cases Could Undermine The Anti-ESG Movement
A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'
A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Leveraging Municipal Bonds For Green Energy Finance
The U.S.'s transition to renewable energy will require collaboration between public and private capital sources — and that means that lawyers used to working in corporate finance must understand how the municipal bond market functions differently, due to its grounding in the U.S. Constitution, says Ann Fillingham at Dykema.
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Mitigating Costs And Delays In The Energy Transition
Achieving net-zero will require constructing a massive amount of new wind, solar and energy storage infrastructure — and while cost overruns and delays are to be expected, contractors and owners can proactively address these problems in their project documents, say Christopher Ryan and Jesse Sherrett at Shearman.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Why All Cos. Should Take Note Of Calif. GHG Disclosure Laws
Two recent California laws involving the disclosure of greenhouse gas emissions, as well as the U.S. Securities and Exchange Commission's upcoming final rule, focus on financial services firms' so-called financed emissions, meaning vastly more companies than those directly subject to today's reporting mandates will be required to supply climate-related risk disclosures, says David Smith at Manatt.
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Calif. Climate Disclosure Bills Promise Challenges For Cos.
Two novel climate disclosure bills recently passed by the California Legislature will pose challenges for many businesses — especially private companies that are less familiar with climate-related reporting obligations — and will require investments of significant time and effort in processes, procedures and personnel, say John Rousakis and Chris Bowman at O'Melveny.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.