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Energy
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November 15, 2024
Oil Terminal Co. Offers $2M To End Falsified-Inspection Claims
A Gulf Oil successor has offered to pay the state of Connecticut $2 million to settle accusations the company failed to secure new construction permits and spent years fabricating and falsifying inspection reports for existing bulk gasoline terminal tanks along New Haven Harbor in Long Island Sound, court filings show.
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November 15, 2024
4 Oil Giants Invest $500M To Boost Global Energy Access
Four oil and gas industry giants — BP, Equinor, Shell and TotalEnergies — announced a commitment Friday to invest a total of $500 million in support of a United Nations goal to ensure access to clean and affordable energy worldwide by 2030.
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November 15, 2024
Taxation With Representation: Cravath, MoFo, Gibson Dunn
In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 14, 2024
Trump Picks ND Gov. To Lead Interior Dept.
President-elect Donald Trump announced Thursday evening that he has chosen North Dakota Gov. Doug Burgum to lead the U.S. Department of the Interior, a Republican who has been a staunch supporter of the fossil fuel industry.
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November 14, 2024
DC Circ. Doubts Standing In Challenge To Grid Project Perk
A D.C. Circuit panel expressed skepticism Thursday that a coalition of energy consumers have standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project.
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November 14, 2024
Trade Groups Back Red States In EPA Water Rule Dispute
A slew of trade groups have joined a dozen red states in urging a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring all states in the nation to consider tribal treaty rights when they set their water quality standards.
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November 14, 2024
Biden Admin Backs Controversial Alaskan Land Swap, Road
The Biden administration is backing a federal land swap that will allow a road to be built through Alaska's Izembek National Wildlife Refuge, while conservation groups and tribes say the move will cause major impacts to the area's migratory birds and cut off a food source for Indigenous communities.
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November 14, 2024
Family Sues Suncor, Honeywell Over Worker's Death
The family of a refinery worker allegedly killed by exposure to toxic chemicals at a Suncor Energy oil refinery near Denver filed a lawsuit Wednesday in Colorado state court against Suncor, Honeywell and the contractor that employed him, claiming liability for the man's death.
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November 14, 2024
Split 5th Circ. Affirms SEC's Kroger Proxy Decision
A divided Fifth Circuit on Thursday rejected a "purely theoretical" challenge brought by conservative shareholders unhappy that the U.S. Securities and Exchange Commission greenlighted the exclusion of a shareholder proposal from Kroger Co.'s 2023 ballot, noting that the case was moot since the company authorized a vote on the proposal anyway.
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November 14, 2024
XL Fleet SPAC Suit Tentatively Settled For $4.75M In Del.
Investors in a December 2020 blank-check company merger that took hybrid-car retrofit venture XL Fleet public have preliminarily settled a four-count fiduciary duty breach suit in Delaware's Court of Chancery for $4.75 million.
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November 14, 2024
Texas Court Tosses Devon Energy Suit Over NM Rig Injuries
A Texas appeals panel on Thursday threw out a Louisiana worker's suit against Devon Energy Corp. over injuries he sustained while working at a New Mexico drilling rig, saying the trial court was wrong to find that the company had enough contact with Texas to be "at home" and under the court's jurisdiction.
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November 14, 2024
Fla. High Court Upholds Utility Board's OK Of Rate Hikes
Florida's Supreme Court on Thursday affirmed a state commission's approval of proposed electricity rate hikes intended for power grid upgrades, saying the increases are in the public interest and that portions of an expert's testimony were correctly excluded during a proceeding because they constituted opinions on legal issues.
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November 14, 2024
Boeing Could Sell Navigation Unit For $6B, And More Rumors
Boeing is mulling a sale of its Jeppesen navigation unit at potential $6 billion price tag, Pfizer may be seeking billions for its hospital drug unit, and a U.S. gas station and convenience store business could be sold at a $1.5 billion value. Here, Law360 breaks down these and other notable deal rumors from the past week.
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November 14, 2024
Ovintiv Buys Montney Assets For $2.4B, Sells Others For $2B
Natural gas producer Ovintiv Inc. said Thursday it will purchase certain Montney Basin assets in Canada from Paramount Resources Ltd. in an all-cash deal worth about $2.38 billion, and also announced plans to divest its Uinta Basin assets in a sale to FourPoint Resources Ltd. and its private equity partners for $2 billion, with at least five law firms advising on the deals.
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November 14, 2024
Mayer Brown Energy And Project Finance Partner Joins Akin
Akin Gump Strauss Hauer & Feld LLP announced Thursday that an experienced project finance and energy attorney joined the firm's New York office as a partner, in a move Akin said will help with its increased client demand in those areas.
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November 14, 2024
DLA Piper Int'l Arbitration Co-Chair Swaps Paris For NY
DLA Piper said Wednesday that its Paris-based international arbitration practice co-chair is crossing the Atlantic to lead the team from New York, a move he says "will help us build on the very strong base we already have in place there."
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November 14, 2024
Louisiana Oil Field Co. Hits Ch. 11 Again With $115M Debt
PetroQuest Energy Inc., an oil and gas exploration company, filed for bankruptcy in Delaware reporting $115.5 million in debt with plans to sell its Texas operations five years after it exited Chapter 11 in 2019.
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November 13, 2024
Md. Electricity 'Greenwashing' Law Is A Muzzle, Judge Told
A Maryland law attempting to crack down on electricity suppliers' "greenwashing" claims unconstitutionally mandates companies speak about their product in a way that conforms to what the state considers "sustainable energy," a renewable energy company and an advocacy organization argued in Maryland federal court.
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November 13, 2024
Indigenous Groups Can Join Colombia's Fight With Glencore
An international tribunal has agreed to allow two Indigenous Wayuu communities to express their views about a massive mining project's water use in an arbitral dispute between commodities giant Glencore International AG and the Republic of Colombia.
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November 13, 2024
EPA Tells DC Circ. That Mercury Rule Is Sound
The U.S. Environmental Protection Agency told the D.C. Circuit that opponents of its rule strengthening standards for mercury and other toxic air emissions at power plants are seeking to hamstring the agency with a too-narrow interpretation of the Clean Air Act.
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November 13, 2024
Madigan's Atty Seeks To Discredit Key Government Witness
The cross-examination of a former ComEd executive who wore a wire for the government as it built its corruption case against ex-Illinois House Speaker Michael Madigan veered Wednesday into the informant's messy divorce proceedings and his failure to disclose felony charges when trying to buy a gun to kill snakes, as Madigan's attorneys tried to call his credibility into question.
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November 13, 2024
Judge To Confirm Ambri Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.
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November 13, 2024
LNG Co. Says Full DC Circ. Must Revive Texas Project
The company behind a liquefied natural gas project on the Texas Gulf Coast urged the full D.C. Circuit on Wednesday to vacate a panel's ruling nixing its federal approval, citing another panel's decision finding the White House Council on Environmental Quality's National Environmental Policy Act regulations are unenforceable.
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November 13, 2024
FERC Tells 9th Circ. It Properly Rescinded PG&E Grid Perk
The Federal Energy Regulatory Commission has told the Ninth Circuit it correctly yanked a grid incentive for Pacific Gas & Electric Co. for voluntarily belonging to a regional transmission organization, noting California now mandates the state's major utilities join an RTO.
Expert Analysis
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.