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Energy
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February 20, 2025
Boies Schiller Hires Ex-Dechert International Arbitrator In NY
Boies Schiller Flexner LLP announced Thursday the hiring of a former Dechert LLP associate for its international arbitration practice, the second addition to the group so far this year.
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February 20, 2025
Musk's X Seeks Cash At $44B Valuation, Plus More Rumors
Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.
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February 20, 2025
BakerHostetler Environmental Pro Jumps To Morgan Lewis
Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
Solar Co. Says Investors Seek To 'Punish' It Over Wire Issues
Solar energy equipment maker Shoals Technologies Group Inc. and its underwriters have asked a Tennessee federal judge to toss a consolidated proposed investor class action taking aim at the company's disclosures about certain product wiring issues, arguing Tuesday that it had timely shared information about the developing situation.
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February 19, 2025
MDL Plaintiffs Misread Blackout Protocols, Texas Justices Told
Transmission and distribution utility providers told Texas justices Wednesday that the thousands of plaintiffs in the multidistrict litigation stemming from a crippling winter storm in 2021 "misunderstand" how load-shedding protocols work as it pushed the court to free it of the final two claims in the MDL.
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February 19, 2025
10th Circ. Says ARCO Superfund Suit Wasn't Too Late
A Tenth Circuit panel on Wednesday determined ARCO's lawsuit to force a smelter to contribute to environmental cleanup costs at an old Colorado mine wasn't time-barred because a district court mischaracterized the claim.
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February 19, 2025
FERC Watchers Seek Clarity As Trump Curbs Agency Powers
Energy industry representatives hope to get some clarity from Federal Energy Regulatory Commission members at the agency's monthly open meeting on Thursday, as uncertainty over the commission's future swells in the wake of President Donald Trump's moves to curb independent agencies' powers.
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February 19, 2025
Energy Credit Market Still Robust Amid Uncertainty, Attys Say
Companies continue to buy and sell valuable tax credits earned from large-scale clean energy tax development projects despite President Donald Trump's active efforts to undermine renewable energy and cut the federal workforce administering the incentives, practitioners said Wednesday.
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February 19, 2025
Groups Say Trump Can't Reopen Areas To Offshore Drilling
President Donald Trump may have promised to "drill, baby, drill," but should know he can't undo a prior administration's decision to withdraw vast swaths of outer continental shelf from oil and gas leasing, conservation groups told an Alaska federal judge.
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February 19, 2025
Senators Aim To Update Permitting, But Roadblocks Loom
A bipartisan group of U.S. senators on Wednesday appeared united in a desire to address infrastructure project permitting delays and costs, but a top Democrat insisted that legislation can only come after the Trump administration has unfrozen federal funds.
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February 19, 2025
BP Must Face Contract Claim In Bayer's $12M Benzene Suit
BP can't escape claims that it breached its contract with a chemical supplier currently defending a $12 million lawsuit from Bayer over alleged benzene contamination in two antifungal sprays, an Illinois federal judge ruled on Tuesday.
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February 19, 2025
Suit Targets USFS Approval For Stibnite Gold Project
Conservation groups asked an Idaho federal judge Tuesday to block a U.S. Forest Service approval for the Stibnite Gold Project on the Boise and Payette national forests, alleging that the agency failed to consider the project's impacts and ways to minimize harms.
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February 19, 2025
Energy Group Of The Year: Jenner & Block
Jenner & Block LLP's recent work on behalf of power industry players has resulted in cutting-edge courtroom wins and boardroom deals, earning the firm a spot among the 2024 Law360 Energy Groups of the Year.
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
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February 19, 2025
Orrick Brings On 3-Atty A&O Shearman Energy Team
Orrick Herrington & Sutcliffe LLP announced Wednesday that the firm has bulked up its energy platform with three former Allen Overy Shearman Sterling attorneys who have come aboard as partners in California, Washington state and Texas.
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February 19, 2025
Insurer Must Cover Trucking Co. In Fatal Fire Row, Judge Says
A trucking company's insurer cannot rely on a hydrofracking exclusion to avoid covering an underlying suit over a fire at a saltwater disposal facility that killed one of the company's employees, a Texas federal court ruled, rejecting the insurer's request for a new trial.
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February 19, 2025
Jenner & Block Lands Former EPA Senior Counsel In DC Shop
Jenner & Block LLP announced Tuesday it has hired a former senior counsel from the U.S. Environmental Protection Agency as a partner in Washington, D.C.
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February 19, 2025
Mayer Brown Adds Ex-Kirkland Energy Regulatory Pro In DC
Mayer Brown LLP has added an energy regulatory partner with a decade of BigLaw experience to its growing Washington, D.C., office.
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February 19, 2025
EV Maker Nikola Hits Bankruptcy After Battery Recall
Nikola Corp., maker of electric and hydrogen-powered trucks, filed for Chapter 11 bankruptcy protection Wednesday in Delaware, listing about $98 million of funded debt and blaming a sprawling battery pack recall for its financial troubles.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Reed Smith Removed In $102M Shipping Group Award Fight
A New York federal judge granted a request by the purported new owners of Eletson Holdings Inc. and removed Reed Smith LLP as counsel in a $102 million breach of contract suit the firm brought on behalf of the international shipping group in 2023.
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February 18, 2025
Limited FERC Pipeline Review Makes No Sense, DC Circ. Told
The Federal Energy Regulatory Commission had no evidence to support its finding that the pipeline it chose to review only a 1,000-foot section of would transport only Texas-produced gas, the environmentalists trying to force a review of the full pipeline project told the D.C. Circuit.
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February 18, 2025
EPA Gives Congress A Chance To Sink Calif. Auto Waivers
The U.S. Environmental Protection Agency has offered Congress a chance to revoke Biden-era authorizations that allow California to issue its own vehicle emissions standards, something the Golden State said hasn't been done before and has unclear chances of success.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.