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November 27, 2024
Arkansas Can't Bring Suit Against Crypto Miner For Now
An Arkansas federal judge has temporarily barred state officials from taking action against a Chinese-born U.S. citizen's crypto mining operation after he challenged the investigation against him and the laws underpinning it as discriminatory and unconstitutional.
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November 27, 2024
Gov't Contracts Of The Month: R&D, Boeing Jets And F-35s
This month, the U.S. Air Force added three companies to an ongoing $33 billion R&D deal, while Boeing scored two military aircraft production contracts and Lockheed Martin shook on it with the Pentagon for hundreds more F-35 fighter jets. These are Law360's most noteworthy government contracts for November 2024.
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November 27, 2024
GOP-Led States Accuse BlackRock Of Driving Up Coal Prices
Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."
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November 27, 2024
Illinois Top Court Will Decide Fate Of $7B Power Line Permit
The Illinois Supreme Court has agreed to review a lower court's decision striking state utility regulators' approval to build part of the $7 billion Grain Belt Express high-voltage transmission line.
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November 27, 2024
Calif. Law Means FERC Must Yank Grid Perk, 9th Circ. Told
California officials and several municipal utilities have backed the Federal Energy Regulatory Commission's revocation of a grid incentive for Pacific Gas & Electric Co. for voluntarily belonging to a regional transmission organization, telling the Ninth Circuit that FERC is properly following state law.
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November 27, 2024
EPA Mercury Rule Is Fatally Flawed, DC Circ. Told
Republican-led states and fossil fuel industry groups fired back at the U.S. Environmental Protection Agency's recent defense of its rule strengthening standards for mercury and other toxic air emissions at power plants, telling the D.C. Circuit the agency misinterpreted the Clean Air Act's pollution reduction goals.
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November 27, 2024
EPA Asks DC Circ. To Keep Emissions Rules In Place
The U.S. Environmental Protection Agency is defending its strict new emissions limits for cars, trucks and vans against a legal challenge from red states and industry groups, telling the D.C. Circuit that the Clean Air Act grants federal regulators authority over both gas-powered and electric vehicles.
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November 26, 2024
GE Inks $362.5M Settlement In Investors' Stock Fraud Suit
General Electric Co. shareholders asked a Manhattan federal judge to greenlight a $362.5 million settlement resolving long-running litigation on the cusp of trial that alleged the industrial giant's stock price plummeted after it was revealed the company fraudulently concealed cash flow problems.
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November 26, 2024
Bulgarian Co. Says Fight Over $7M Can't Go To Arbitration
A Bulgarian contractor has asked an Illinois federal court not to pause a local bank's litigation seeking to determine the proper owner of $7 million it's holding in escrow related to a dispute over a natural gas construction project, saying a parallel arbitration proceeding is irrelevant.
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November 26, 2024
Utah, Farm Groups Can't Reopen Bears Ears Monument Case
A D.C. federal judge has denied a bid by the state of Utah and two farming groups to lift a more than three-year stay in a challenge to the Bears Ears National Monument, saying that pending independent proceedings weigh upon the case and that there's no evidence of a demonstrated hardship.
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November 26, 2024
BP Spill Worker Loses Bid For Full 5th Circ. Review Of Suit
The full Fifth Circuit won't review a case filed by a Deepwater Horizon oil spill cleanup worker claiming that he was left with a chronic health condition after working on the job.
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November 26, 2024
2nd Circ. Nixes VR Capital Venezuela Fraud Suit
The Second Circuit has refused to revive VR Capital's lawsuit accusing Venezuela's state-owned oil company of fraud in connection with its issuance of some $2 billion in since-defaulted bonds, ruling Tuesday that the asset manager hadn't adequately pled its case.
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November 26, 2024
Tossing Uri Consumers' Claims Stifles 'Growth,' Justice Says
A Texas appellate court justice said Tuesday that a decision by the court finding that power plants owed nothing to consumers for damages resulting from outages during Winter Storm Uri stifles "growth" in common law, dissenting from his colleagues who denied a motion for the whole court to rehear the case.
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November 26, 2024
Split 4th Circ. Won't Review Duke Monopoly Suit Revival
A split Fourth Circuit denied on Tuesday an en banc review petition challenging a decision reviving antitrust allegations against Duke Energy, with the majority writing that granting the review would waste judicial resources, and a dissenting judge slamming the majority for purportedly being at odds with U.S. Supreme Court precedent.
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November 26, 2024
EPA Asks Justices Not To Block Coal Ash Rule
U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court Tuesday to reject a Kentucky electric utility's effort to halt a U.S. Environmental Protection Agency rule strengthening federal regulations requiring safe management of coal ash.
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November 26, 2024
Madigan Pushed Land Transfer After Law Biz Pitch, Jury Told
A former Chicago alderman testifying against ex-Illinois House Speaker Michael Madigan told jurors Tuesday he connected prospective developers to Madigan, who lobbied to take on their legal work and soon after pushed legislation that would clear the way for their project.
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November 26, 2024
Maine Launches Climate Fraud Suit Against Oil Giants
Maine Attorney General Aaron Frey slapped Exxon, Shell, Chevron and other oil giants with a complaint in state court Tuesday, echoing claims asserted by other states and municipalities across the country that the companies carried out a successful climate deception campaign for decades.
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November 26, 2024
EPA Overstepped With Methane Control Rule, DC Circ. Told
The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.
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November 26, 2024
Illinois Landowners Blast FERC Moves On $7B Power Line
The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.
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November 26, 2024
Mexico Floats Retaliation Against New Trump Tariffs
Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.
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November 25, 2024
Trump Vows Tariffs For Canada, Mexico, China On Day One
President-elect Donald Trump announced on social media Monday that he will implement steep tariffs on America's allies Canada and Mexico, as well as China, immediately after taking the oath of office on Inauguration Day.
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November 25, 2024
Native Corp. Faces Default In $3.4M Stock Scam Suit
A Native American microcap company has until Dec. 6 to tell a federal district court judge why it shouldn't face a default judgment in a $3.4 million stock scam lawsuit after the Securities and Exchange Commission said its chief executive officer's "willful disobedience" warrants such a ruling.
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November 25, 2024
Informant Says He Brought Developers To Madigan's Law Firm
An ex-Chicago alderman who wore a wire to meetings with former Illinois House Speaker Michael Madigan was back on the stand Monday describing how he arranged a meeting with developers of a Chicago apartment building at Madigan's law office, with jurors hearing a call in which Madigan said to "go ahead and process" a zoning change for that project after the alderman asked if the developer gave him legal work.
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November 25, 2024
Giant Emerald Can Return To Brazil, DC Judge Rules
A massive and storied emerald smuggled into the United States two decades ago is one step closer to returning to Brazil after a D.C. federal judge granted the U.S. Department of Justice's request to forfeit the gem to its home country.
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November 25, 2024
FHWA Says Rule Doesn't 'Compel' States To Lower Emissions
The Federal Highway Administration defended a new rule calling on states to set targets to reduce greenhouse gas emissions from federally funded highway projects, telling the Fifth Circuit in a Friday brief the rule doesn't actually compel states to lower their emissions.
Expert Analysis
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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.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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Navigating Antitrust Considerations In ESG Collaborations
The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What Chevron's End Means For How Congress Does Business
The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.