Energy

  • October 16, 2024

    NC Panel Won't Reignite Duke Energy Case Over House Fire

    A split panel of the North Carolina Court of Appeals declined to revive a liability suit brought against Duke Energy Corp. and a contractor it hired to install new meters at its customers' homes after one of those contractors allegedly caused a bed to catch fire leading to $130,000 in damage.

  • October 16, 2024

    Mich. Landfill Says Manhattan Project Waste A National Issue

    A Michigan dump site on Tuesday said a dispute over whether it can accept radioactive material from the first atomic bomb project is a matter of national concern, arguing attempts by a group of surrounding communities in state court to block it from accepting the waste interferes with a federal waste program.

  • October 16, 2024

    Feds Pan ComEd Four's Effort To Avoid Convictions

    Prosecutors urged an Illinois federal judge Wednesday to reject an acquittal bid brought by Commonwealth Edison's former CEO and three co-defendants in the wake of a U.S. Supreme Court ruling narrowing the scope of federal bribery law, arguing that not only is their motion untimely, but the government proved quid pro quo bribery at trial last year.

  • October 16, 2024

    Brazilian Electricity Biz Seeks US Ch. 15 Recognition

    Light SA, parent to a major Brazilian electrical utility, has asked a Texas bankruptcy judge to grant U.S. recognition of its foreign insolvency proceedings, saying a Brazilian court had approved a restructuring plan for the company to deal with roughly $2 billion in debt that has high creditor support.

  • October 16, 2024

    EPA Defends Rejection Of Smog Rule Reconsideration Pleas

    The U.S. Environmental Protection Agency told the D.C. Circuit it reasonably rejected petitions by U.S. Steel Corp. and Hybar LLC to reconsider its so-called Good Neighbor Plan to curb cross-state ozone pollution after courts stayed the rule for some affected states.

  • October 16, 2024

    DC Circ. Urged To Let Feds Fix Pipeline Safety Rules

    A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.

  • October 16, 2024

    Latham-Led Silicon Carbide Biz Lands $2.5B Of New Funding

    Silicon carbide technology company Wolfspeed, advised by Latham & Watkins LLP and Smith Anderson, announced that it expects to receive up to $2.5 billion in new funding, through the CHIPS and Science Act and from a consortium that includes private equity giant Apollo, to support the expansion of silicon carbon manufacturing in the U.S.

  • October 16, 2024

    Georgia EV Battery Manufacturer Settles Fire Suit

    A Georgia electric vehicle battery manufacturer has reached a settlement ending a recycling facility's suit alleging it caught fire and burned to the ground last year after the manufacturer allegedly sent hundreds of charged lithium-ion battery scraps to the facility.

  • October 16, 2024

    M&A Pros Cautious About Expected Private Equity Surge

    It's an oft-repeated line that private equity activity is set to surge amid pressure to exit older investments and deploy record stores of dry powder, but mergers and acquisitions professionals recently surveyed by Dykema were cautious when asked if they expect private equity to boost deal flow in the next 12 months, with a majority saying they only "somewhat agree." 

  • October 16, 2024

    Justices Won't Block EPA Power Plant Rule

    The U.S. Supreme Court on Wednesday rebuffed pleas to block implementation of the U.S. Environmental Protection Agency's latest effort to curb greenhouse gas emissions from power plants while it's being challenged in court, but three justices indicated they had concerns with the rule's legality.

  • October 16, 2024

    Enforcers Won't Challenge $3B Energy Deal, $5B Coal Tie-Up

    Deadlines have passed for antitrust enforcers to challenge Oneok Inc.'s deal for a $3.3 billion stake in EnLink Midstream LLC and Arch Resources Inc.'s all-stock merger with Consol Energy Inc., a deal that's expected to create a natural resources company worth $5.2 billion.

  • October 16, 2024

    White & Case Adds Energy Pro In Houston From O'Melveny

    White & Case LLP has fortified its global project development and finance practice and bolstered its global energy industry group with a partner in Houston who joined from O'Melveny & Myers LLP.

  • October 15, 2024

    $215M Appeal Could Hinge On Whether Email Changed Deal

    An email thread referencing salt standards was not meant to be an enforceable part of a fracking water treatment plant contract, a French water firm told Colorado appellate judges Tuesday in its attempt to avoid a $215 million judgment for breaching those standards.

  • October 15, 2024

    Tribes, Backers Urge Justices To Take On Oak Flat Dispute

    Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.

  • October 15, 2024

    DC Circ. Is Asked To Revive Nuke Waste Suit

    An anti-nuclear advocacy group is urging the D.C. Circuit to reconsider its support for the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico, arguing that the court's ruling contained "material legal errors."

  • October 15, 2024

    Spain Claims 2 Energy Arbitration Wins In Intra-EU Disputes

    Spain said it has won a first with two arbitral awards favoring the country where International Centre for Settlement of Investment Disputes tribunals found they did not have the jurisdiction to hear a dispute under the Energy Charter Treaty between a European Union member state and an EU investor.

  • October 15, 2024

    Standing Rock Sioux Ask Court To Shut Down Dakota Pipeline

    The Standing Rock Sioux Tribe is asking a federal court to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing its latest emergency response plan fails to include a realistic calculation of a worst-case scenario liquid discharge.

  • October 15, 2024

    Texas Regulators Oppose Bid To Open Up Texas Grid Projects

    The Public Utility Commission of Texas and three electricity companies have fired back at an independent electric transmission developer's attempt to halt a Texas law reserving new power line development for incumbent transmission companies.

  • October 15, 2024

    Split NC Panel Unties Barge Operations From Utility Oversight

    A North Carolina island village can't force its parking space and ferry service provider to obtain regulatory approval from the state's utilities commission before it can divest its barge operations, a split panel of state appeals court judges ruled in a published opinion Tuesday.

  • October 15, 2024

    Feds Seek Court's OK On $350M Norfolk Southern Spill Deal

    The federal government has asked an Ohio federal judge to approve a nearly $350 million settlement to close out the U.S. Environmental Protection Agency's legal claims against Norfolk Southern over the fiery February 2023 train derailment and toxic chemical spill in East Palestine.

  • October 15, 2024

    $5M Alcoa Unit Deal Ends EPA's Smelter Foul-Air Suit

    A Washington federal judge on Tuesday approved an Alcoa Corp. subsidiary's $5.25 million settlement with the federal government over the alleged release of illegal levels of pollutants at a now-shuttered Washington aluminum smelting plant.

  • October 15, 2024

    EPA Says GHG Power Plant Rule Is In 'Heartland' Of Authority

    The U.S. Environmental Protection Agency is urging the D.C. Circuit to approve its plan to control greenhouse gas emissions from power plants, saying its prescribed methods for controlling releases are legally sound, effective, reliable and reasonably affordable for the facilities that must implement them.

  • October 15, 2024

    3rd Circ. Won't Reinstate Exxon OSHA Whistleblowers

    A Third Circuit panel declined Tuesday to enforce an order reinstating two former Exxon Mobil Corp. analysts who claim they were fired after The Wall Street Journal published a report claiming the company overestimated its earnings by billions of dollars, similar to concerns the plaintiffs raised internally before the news report.

  • October 15, 2024

    US Ups Energy Sanctions On Iran After Israel Missile Attack

    U.S. National Security Adviser Jake Sullivan has unveiled expanded sanctions against the Islamic Republic of Iran, including "new and significant measures to more effectively target Iran's energy trade," following its Oct. 1 missile attack on Israel.

  • October 15, 2024

    FERC Can't Pass On LNG Pipeline Review, DC Circ. Told

    The Federal Energy Regulatory Commission shirked its legal obligations when, through inaction, it effectively greenlit the expansion of a liquefied natural gas terminal in Puerto Rico, environmental and community groups told the D.C. Circuit on Friday.

Expert Analysis

  • 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.

  • 'Energy Communities' Update May Clarify Tax Credit Eligibility

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    A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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