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Energy
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October 11, 2024
Natural Gas Co. Says More Info Needed In $195M Award FIght
A Spanish natural gas company has asked a New York federal court to let it seek discovery as it looks to vacate a $195 million arbitral award issued against it following a dispute over a liquefied natural gas swap transaction, saying it needs more information about an alleged fraud.
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October 11, 2024
Tribes, Enviro Orgs. Can Defend EPA In Pebble Mine Row
A federal judge in Alaska has allowed a slew of environmental groups and Alaskan tribes to defend the U.S. Environmental Protection Agency's decision to block the planned creation of the controversial Pebble Mine, saying they made a convincing argument that intervention is warranted.
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October 11, 2024
6th Circ. Blocks Work On Tenn. Pipeline For TVA Gas Plant
A split Sixth Circuit panel on Friday temporarily blocked construction of a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City, as conservation groups challenge Clean Water Act permits Tennessee and the U.S. Army Corps of Engineers issued for the pipeline.
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October 11, 2024
Secret Docs May Delay Foreign Agent Case, Ex-Fla. Rep Says
A former Florida congressman told a Miami federal judge on Friday that he's requested evidence from prosecutors that may exonerate him on criminal charges of failing to register as a foreign agent while lobbying for Venezuela, saying the discovery implicates classified information that may delay proceedings in his case.
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October 11, 2024
Bellwether Plaintiffs Let Halliburton Escape Pollution Dispute
Two bellwether plaintiffs in litigation seeking to hold the owners and operators of a former pipe manufacturing facility liable for contamination have agreed to permanently drop their claims against Halliburton Energy Services.
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October 11, 2024
J&J Should Pay $30M For Developer's Cancer, Conn. Jury Told
Attorneys for a western Massachusetts real estate developer on Friday urged a Connecticut jury to award $30 million for past and future suffering to a lifelong Johnson & Johnson baby powder user diagnosed with mesothelioma, but the company's attorneys suggested $4 million was a more reasonable figure while contesting liability whatsoever.
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October 11, 2024
DOI Defends Offshore Lease Schedule At DC Circ.
The U.S. Department of the Interior defended its scaled-back offshore leasing program for 2024-2029 from dueling challenges at the D.C. Circuit, arguing it relied on "extensive quantitative and qualitative analyses" that it prepared over several years to reach its decision.
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October 11, 2024
FERC Defends Keeping Calif. In Hydro Permitting Role
The Federal Energy Regulatory Commission defended its conclusion that California's water board didn't waive its Clean Water Act permitting authority over two hydroelectric dams, telling the D.C. Circuit there's nothing to suggest there was a coordinated effort to string out the permitting process.
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October 11, 2024
Conn. Judge OKs $5M Deal To Resolve AG's Vision Solar Case
A Connecticut state judge approved a $5 million judgment to resolve an unfair trade practices suit Attorney General William Tong brought against Vision Solar LLC.
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October 11, 2024
Fed. Circ. Says USMCA Review Bars Importer's Duty Suit
The Federal Circuit has backed the U.S. Court of International Trade's dismissal of a Canadian lumber company's challenge to increased tariffs, saying the U.S. court couldn't take the case once a U.S.-Mexico-Canada Agreement panel began reviewing the duties.
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October 11, 2024
Xcel, Colo. Co-Op Reach Deal To End Power Plant Appeal
Xcel Energy and a Colorado electric cooperative have told an intermediate state appellate court that they've reached a settlement in principle to avoid further appeals of a $26 million jury verdict against Xcel in a fight over the closure of a power plant.
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October 11, 2024
2 Finance Partners Added To Hunton's London Office
Hunton Andrews Kurth LLP has welcomed two new lawyers, Alan Cunningham and Richard Skipper, as finance partners in its London office.
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 10, 2024
Colo. Hemp Farm Says Solar Co. Work Caused $200M Loss
Two Colorado hemp growers are suing a subsidiary of energy company AES Corp. for $200 million, claiming it damaged their water lines while constructing a solar panel project, ultimately causing most of their crop to die.
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October 10, 2024
Oregon Gas Customers Sue Over 'Greenwashing' Program
Northwest Natural Gas Co. has been accused by customers of engaging in "greenwashing" by advertising its Smart Energy program as a way for them to offset their natural gas emissions, while directing the program's funds to methane-generating industrial dairy farms.
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October 10, 2024
Boulder Says Exxon Can't Twist Law To Avoid Climate Fight
Boulder, Colorado, accused Exxon on Wednesday of twisting preemption standards to avoid a suit over the impacts of climate change, telling the Colorado Supreme Court that it doesn't need explicit permission from the Clean Air Act to bring its state law claims.
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October 10, 2024
Norfolk Southern Says Tank Car Cos. Should Help Pay $600M Deal
Norfolk Southern and tank car companies sparred in Ohio federal court over key questions of liability related to the February 2023 East Palestine derailment and toxic chemical spill, as the rail giant seeks to offload at least some damages, including a recent $600 million settlement to affected residents and businesses.
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October 10, 2024
Ohio Seeks To Halt Depositions In FirstEnergy Investor Suit
The state of Ohio wants to halt certain depositions and other discovery in a securities suit stemming from the FirstEnergy bribery scandal, saying it could interfere with criminal charges against two of the utility company's former executives, according to an intervenor motion filed Thursday.
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October 10, 2024
8th Circ. Won't Block EPA Power Plant Effluent Rule
The Eighth Circuit rejected on Thursday efforts by nearly two dozen states, utility companies and trade groups to block the implementation of a U.S. Environmental Protection Agency rule setting new wastewater limitations for coal-fired power plants.
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October 10, 2024
Sanctioned Afghan Officials Drop Suit For Treasury's Review
Two former Afghan lawmakers withdrew their lawsuit challenging the financial and immigration restrictions they face in the U.S., while the U.S. Department of Treasury considers a request to remove the sanctions.
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October 10, 2024
Exxon Suing Netherlands Over Gas Phaseout Plans
An ExxonMobil unit has accused the Netherlands of reneging on its contractual obligations related to the phasedown of gas extraction activities in the country's earthquake-stricken Groningen oil field.
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October 10, 2024
Balch & Bingham Energy Partner Rejoins McGuireWoods
An attorney who has more than 25 years of experience working on energy regulatory matters and most recently spent several years as a partner at Balch & Bingham LLP is rejoining McGuireWoods LLP's Washington office, where he previously worked for over five and a half years, the firm announced Thursday.
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October 10, 2024
Brazilian Firm Cites Market Conditions In Delaying US IPO
Private equity-backed lubricants maker Moove Lubricants Holdings is hitting pause on initial public offering plans because of "adverse market conditions," according to a Wednesday securities filing from its parent company.
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October 09, 2024
Alaskan Tribes Ask Court To Reconsider Gold Mine Ruling
A group of Alaskan tribes is urging a federal district court to reconsider its ruling that two U.S. government agencies did not take a realistic look at the potential spill risks associated with a large open-pit gold mine, arguing that it erred in its determination concerning the project's barge traffic.
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October 09, 2024
Co-Ops Say FCC Should Use Meter Data For Broadband Maps
The Federal Communications Commission ought to take advantage of the power meter data that electric cooperatives have access to when trying to find wrinkles or gaps in the agency's broadband maps, a group representing rural electric co-ops says.
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.