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Energy
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November 05, 2024
States Say EPA 'Wants To Drive The Car' In CWA Row
Idaho and a coalition of states are asking a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring states to consider tribal treaty rights when they set their water quality standards, arguing the agency has no such power under the Clean Water Act.
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November 05, 2024
Edge Providers Say Data Centers Key To Network Growth
Data centers will be buzzing with ever more activity in the coming years, and edge providers like Netflix and Amazon want to make sure that U.S. agencies keep up with the network traffic flow, according to a new filing from their national trade group.
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November 05, 2024
HMRC Tells High Court It Can Tax Canadian Bank's Oil Income
HM Revenue & Customs has the right to tax loan payments made to the Royal Bank of Canada relating to oil-drilling rights in the North Sea under the terms of a bilateral agreement, it told the British Supreme Court in the appeal of its case against the bank.
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November 05, 2024
EPA's Superfund 'Blank Check' Dooms PFAS Rule, Groups Say
The U.S. Environmental Protection Agency wrote itself a legal "blank check" to increase the number of chemicals subject to required cleanups under federal Superfund law, industry advocates told the D.C. Circuit.
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November 05, 2024
FERC Skimped On Cross-Border Pipeline Review, Enviros Say
The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.
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November 05, 2024
Holland & Knight Gains Latham Project Finance Atty In DC
Holland & Knight LLP has hired a former Latham & Watkins LLP attorney, who has joined the firm as a partner in Washington, D.C., to represent equity investors, developers, lenders and other clients in a range of project finance matters, the firm announced Tuesday.
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November 05, 2024
New Fortress Energy Faces Investor Suit Over Outlook
New Fortress Energy was hit with a proposed investor class action in New York federal court alleging the natural gas company and its top brass misled investors about the company's growth and revenue outlook, which led to a stock drop once the truth came to light.
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November 05, 2024
MVP: Norton Rose's Jeffrey Webb
Jeffrey Webb of Norton Rose Fulbright US LLP helped a Marathon Petroleum Corp. unit fend off trespassing claims against its pipeline in western North Dakota and challenge federal government decisions related to it, earning him a spot as one of the 2024 Law360 Energy MVPs.
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November 05, 2024
Atos Inks Deal To Sell Worldgrid Biz To Alten At €270M Value
French information technology company Atos said Tuesday it has agreed to sell its Worldgrid business at an enterprise value of €270 million ($294 million) to Alten, an engineering and technology consulting firm also based in France, nearly five months after disclosing that the deal was in the works.
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November 05, 2024
Emerson Eyes Remaining AspenTech Shares At $15.1B Value
Emerson Electric said Tuesday it has proposed to buy the remaining shares of AspenTech common stock it does not already own for $240 per share in cash, an offer that would give the industrial software company a $15.1 billion enterprise value.
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November 05, 2024
On The Ground: How Attorneys Are Safeguarding The Election
Attorneys are working tirelessly Tuesday to support citizens and election workers on the final day of voting in what is expected to be one of history's closest and most contentious presidential contests.
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November 04, 2024
UK Stock Pumper Admits To $100M Market Manipulation Rap
A London-based trader on Monday admitted to his role in what prosecutors say was a $100 million multi-faceted international stock manipulation scheme that used a Swiss asset manager tied to numerous claims of securities fraud to secretly control and falsely inflate the stock of several microcap companies.
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November 04, 2024
New Panel Not Needed In NLRB Row, Exxon Tells 5th Circ.
A Fifth Circuit panel questioned ExxonMobil's assertion that it could keep the same National Labor Relations Board panel makeup besides a board member flagged for conflict of interest, telling Exxon there was "good reason" for a completely new panel during oral arguments Monday.
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November 04, 2024
NC Commission Signs Off On Duke Energy Resource Plan
The North Carolina Utilities Commission has signed off on Duke Energy's latest resource plan, with one nonprofit lamenting that the order gives the utility giant "essentially everything it wanted."
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November 04, 2024
FERC, NJ Conservation Orgs Battle Over Pipeline Rehearing
The Federal Energy Regulatory Commission is clashing with a host of conservation groups and the New Jersey Division of the Rate Counsel over whether the D.C. Circuit should reconsider a panel decision that vacated the agency's approval for a natural gas pipeline expansion on the East Coast.
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November 04, 2024
Hurricane Zeta MDL Judge Orders Mediation Amid DQ Battle
A Houston judge overseeing a multidistrict litigation created to handle claims from crew members who say they were injured while weathering Hurricane Zeta on a Transocean drilling rig ordered the parties to mediation Friday in the midst of a bitter disqualification battle between their feuding firms.
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November 04, 2024
Shell Slips Negligence Claim In Pa. Nuisance Lawsuit
Neighbors of Shell Chemical Appalachia's Western Pennsylvania ethylene cracker plant will need to be more specific about dust and pollution affecting their homes if they want to revive a negligence claim that a federal court struck from a proposed class action Monday.
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November 04, 2024
Exxon Keeps Win In Sand Blaster's Lung Disease Suit
A Texas state appeals court won't overturn a summary judgment freeing Exxon Mobil Corp. from a premises liability suit from a sandblaster alleging that he developed fibrosis in his lungs while working at an Exxon facility, saying the trial court rightly excluded his experts as unreliable.
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November 04, 2024
DC Circ. Won't Block Coal Ash Rule During Challenge
The D.C. Circuit has denied East Kentucky Power Cooperative Inc.'s effort to block the implementation of a U.S. Environmental Protection Agency rule that strengthened the federal regulations requiring safe management of coal ash dumped at operating and retired power plants.
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November 04, 2024
Judge Says She'll Likely Send Talc Ch. 11 Plan Out For Vote
A Delaware bankruptcy judge said Monday she will likely give a pair of talc producers permission to send their Chapter 11 plans out for a creditor vote, saying she was satisfied with the changes made since last week.
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November 04, 2024
Wash. Tribe Inks Relationship Pact With State Commerce Dept.
The Cowlitz Indian Tribe and the Washington State Department of Commerce have signed a memorandum of understanding formally establishing their government-to-government relations, the fourth such MOU in the state that affirms tribal sovereignty.
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November 04, 2024
Michigan County Fights To Keep Radioactive Waste Out
Wayne County urged a Michigan federal judge to keep in place an order barring a local landfill from accepting deliveries of radioactive waste from the Manhattan Project, arguing the surrounding communities' and environmental health could suffer for "billions of years."
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November 04, 2024
UAE Grocery Giant Lulu Seeks $1.7B IPO As Demand Grows
United Arab Emirates grocery chain Lulu Retail Holdings PLC on Monday unveiled additional investment in an upsized initial public offering that could net $1.7 billion, potentially making it the largest UAE listing this year, guided by three law firms.
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November 04, 2024
Texas Rips Feds' 5th Circ. Bid To Revive Highway GHG Rule
Texas is telling the Fifth Circuit there's no reason to disturb a district court's decision to vacate a Federal Highway Administration rule that called on states to set targets to reduce greenhouse gas emissions from federally funded highway projects.
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November 04, 2024
MVP: Hogan Lovells' Amy Roma
Amy Roma of Hogan Lovells has continued to work at the cutting edge of nuclear energy development over the past year, including on the licensing of advanced reactors, small-scale reactors and microreactors, earning her a spot as one of the 2024 Law360 Energy MVPs — her second year in a row to make the list.
Expert Analysis
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A Shift In Control Of Congress May Doom These Enviro Regs
If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Jarkesy May Short-Circuit FERC Enforcement Cases
As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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High Stakes In Justices' Review Of Clean Air Act Venue Fights
Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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The Ups And Downs Of SEC's Now-Dissolved ESG Task Force
The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.