Energy

  • September 23, 2024

    High Court Enviro Shadow Docket Could Diminish DC Circ.

    The U.S. Supreme Court's "shadow docket" is full of pleas from environmental rule opponents who want the justices to overturn D.C. Circuit rulings that allowed the regulations to go into effect, and recent history shows the challengers have some chance for success — but experts say the high court's willingness to step in at this stage risks diminishing lower courts' voices.

  • September 23, 2024

    Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge

    The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.

  • September 23, 2024

    EPA Admits Mistakes In Approving New Chevron Chemicals

    The U.S. Environmental Protection Agency on Friday told the D.C. Circuit that it overestimated the risk of allowing Chevron Corp. to create new fuel chemicals derived from plastic waste, asking the appeals court to remand the order authorizing the new substances back to federal regulators.

  • September 23, 2024

    Texas Fighting ESA Listing For Tiny Lizard In Permian Basin

    Texas Attorney General Ken Paxton is asking a judge to overturn a U.S. Fish and Wildlife Service rule that listed the dunes sagebrush lizard as an endangered species, calling it a "backdoor attempt" to undermine energy development in the Permian Basin.

  • September 23, 2024

    Battery Exec Can't Avoid Depo In $2B Plant Fight

    Battery manufacturer Gotion cannot block the deposition of its U.S. President Li Chen in a legal fight over the future of a proposed gigafactory in a Michigan town, a federal magistrate judge ruled Monday.

  • September 23, 2024

    Ex-Holtec CIO Says She's Owed More Than $500K Bonus

    The former chief investment officer for Holtec International is alleging in New Jersey federal court that she was demoted then fired earlier this year after expressing her concern over the company's bonus structure and its failure to pay her bonuses on time in violation of the state's wage payment law.

  • September 23, 2024

    Calif. Sues Exxon For Plastic Pollution And Recycling Deception

    California's attorney general and a coalition of conservation groups hit Exxon Mobil Corp. with a pair of lawsuits on Monday claiming the petrochemical giant has inundated the state with harmful plastic waste while misleading people about recycling's ability to ever make a dent in the problem.

  • September 23, 2024

    NY Extends Industrial Property Tax Break Application Deadline

    New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.

  • September 23, 2024

    Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight

    A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.

  • September 23, 2024

    La. Wants EPA Civil Rights Regs Vacated After Court Win

    Louisiana is asking a federal judge to revisit an order and amend it to completely vacate U.S. Environmental Protection Agency civil rights regulations, after the judge granted the Pelican State's motion for a permanent injunction within its borders.

  • September 23, 2024

    Conn. Reaches $5M Deal To Resolve Vision Solar Case

    Connecticut is asking a judge to sign off on a judgment that would impose a $5 million civil penalty against Vision Solar LLC to resolve the state's unfair trade practices complaint against the bankrupt company.

  • September 20, 2024

    EPA Defends Methane Rule At Supreme Court

    The U.S. Environmental Protection Agency and green group allies on Friday asked the U.S. Supreme Court to reject states' and fossil fuel industry players' effort to block the implementation of a rule strengthening methane emissions control requirements for oil and gas infrastructure.

  • September 20, 2024

    EV Battery Co. Hit With $207M Default Loss For Lack Of Attys

    Shareholders of electrical vehicle battery maker Romeo Power Inc. have secured a $206.8 million default win against the company after it failed to retain new counsel in a proposed class action alleging it concealed its acute shortage of high-quality battery cells before going public via a merger with a blank check company.

  • September 20, 2024

    Law Professors Say Boulder Climate Suit Clearly Preempted

    Two law professors and a conservative legal nonprofit have urged Colorado justices to toss a city's climate tort lawsuit, arguing that the claims are clearly preempted by the Clean Air Act and that the city should not be allowed to make climate change policy decisions for the rest of the country.

  • September 20, 2024

    Utilities Group Wants In On 4th Circ. FERC Grid Policy Fight

    A coalition of municipal utilities and electricity cooperatives that rely on transmission facilities they don't own to deliver power urged the Fourth Circuit to let it intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.

  • September 20, 2024

    NY Utilities Tell DC Circ. More Risk Should Equal More Return

    A D.C. Circuit panel on Friday weighed the differences between risks and costs in a dispute between a group of New York utilities and the Federal Energy Regulatory Commission over rates the power companies can charge after making infrastructure upgrades. 

  • September 20, 2024

    5th Circ. Says Tribunal Properly Slashed $10.6M Gas Award

    A lower court improperly vacated an arbitral tribunal's decision slashing some $4 million from a $10.6 million award issued to a Colorado-based exploration company following a dispute over a Cameroonian natural gas project, the Fifth Circuit ruled Thursday in a published opinion.

  • September 20, 2024

    FERC Opens Enbridge Rate Probe Amid Overcharging Fears

    The Federal Energy Regulatory Commission has opened a rate probe into a gas pipeline co-owned by Enbridge Inc. and DT Midstream, saying the pipeline may be overcharging its customers.

  • September 20, 2024

    IPO Trio Looks To Raise $536M Combined As Autumn Begins

    Three companies spanning the energy, healthcare and life sciences industries are preparing initial public offerings that could raise $536 million combined in the coming week, guided by six law firms, signaling an upturn in IPOs as autumn begins.

  • September 20, 2024

    US Chamber Warns Del. Justices On TC Energy Case Fallout

    The U.S. Chamber of Commerce warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.

  • September 20, 2024

    House Passes GOP Push To Nix EPA Auto Emissions Regs

    The Republican-controlled U.S. House of Representatives on Friday passed a resolution that would block implementation of the Biden administration's tighter greenhouse gas emissions standards for cars and light trucks, though the legislation is likely dead on arrival in the Democratic-controlled Senate.

  • September 20, 2024

    Insurers Say Ky. House Damage Wasn't From Mine Collapse

    Insurers told a Kentucky federal court to toss a couple's case seeking compensation for damage to their home because of coal mine subsidence, arguing the damage wasn't caused by a collapsing void underground.

  • September 20, 2024

    CFTC Issues Final Guidance On Carbon Credit Markets

    The U.S. Commodity Futures Trading Commission on Friday put forth guidelines it says will help foster transparency and deter manipulation in the emerging market for voluntary carbon credits by, among other things, encouraging derivatives exchanges to assess the environmental benefits associated with the credits.

  • September 20, 2024

    Mexico Will Challenge $37M Deepsea Mining Award

    Mexico will look to annul the $37 million arbitral award issued to a U.S. deep ocean exploration company after its project to develop one of the world's largest seabed phosphate deposits was mothballed, saying the tribunal improperly overlooked its evidence citing environmental concerns.

  • September 20, 2024

    Chevron's Demise May Not Bring Deluge Courts Had Feared

    Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.

Expert Analysis

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Best Practices For Chemical Transparency In Supply Chains

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    A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.

  • Unpacking The Latest Tranche Of Sanctions Targeting Russia

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    Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Assessing The Energy Act 2023, Eight Months On

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    Although much of the detail required to fully implement the Energy Act 2023 remains to be finalized, the scale of change in the energy sector is unprecedented, and with the U.K. prioritizing achieving net-zero, it is likely that developments will continue at pace, say lawyers at Paul Hastings.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What Alternative Fuel Proposals Mean For EU Infrastructure

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    The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

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