Energy

  • March 13, 2025

    5th Circ. Sides With NLRB On Reconsidered Exxon Ruling

    The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.

  • March 13, 2025

    DOL Board Revives H-2B Bid For Hyundai EV Plant

    A U.S. Department of Labor appeals board revived a company's application to hire 120 H-2B workers to install an automated guided vehicle system at a Hyundai electric vehicle plant, saying the agency failed to adequately raise or justify its concerns.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 12, 2025

    Calif. Asks Justices To Ax Fuel Groups' Clean Air Waiver Suit

    California asked the U.S. Supreme Court on Wednesday to uphold the D.C. Circuit's ruling that biofuel and fossil fuel industry players don't have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing the Golden State to set standards limiting greenhouse gas emissions for vehicles.

  • March 12, 2025

    EPA Puts 'Holy Grail Of Climate Change Religion' In Crosshairs

    The U.S. Environmental Protection Agency on Wednesday said it is reconsidering its 2009 finding that some greenhouse gases endanger humans' health and welfare — putting the fate of rules that sprang from that landmark conclusion into question.

  • March 12, 2025

    European Commission Wants DC Court To Ax $84M ECT Suit

    The European Commission has urged a D.C. federal court to toss an investor's suit against Spain to enforce an approximately €77 million ($84 million) arbitral award under the Energy Charter Treaty as the country plans to ask the U.S. Supreme Court to review a related case.

  • March 12, 2025

    EPA Says Grant Termination Moots Climate Group's Challenge

    The U.S. Environmental Protection Agency told a D.C. federal judge Wednesday that its cancelation of $20 billion in grant funding for climate change projects renders moot Climate United Fund's claim that Citibank is illegally denying its disbursement requests.

  • March 12, 2025

    Willkie Beats Malpractice Suit Over ERISA Ch. 11 Advice

    An Ohio federal judge affirmed Tuesday a bankruptcy court's decision tossing legal malpractice claims filed by a coal company executive's estate against Willkie Farr & Gallagher LLP, rejecting the estate's arguments it sufficiently alleged Willkie was grossly negligent in failing to warn the estate about a potential $6.5 billion ERISA liability.

  • March 12, 2025

    Pa. Coal Co. Auction Gets 2-Week Pause After Value Spike

    A Pennsylvania bankruptcy judge has agreed to allow a pause in the auction of bankrupt Corsa Coal Corp.'s assets after hearing from lawyers in the Chapter 11 case that the machinery, equipment and real estate being sold has recently been appraised for more than the current bids.

  • March 12, 2025

    Justices Face Renewed Calls To Nix Mass. Wind Farm Permits

    Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.

  • March 12, 2025

    Northvolt's Ch. 11 Dismissal Possible After Swedish Filing

    Bankrupt electric vehicle battery maker Northvolt AB told a Texas bankruptcy judge that its Chapter 11 case is possibly headed for dismissal after its parent company filed an insolvency case in Swedish court early Wednesday.

  • March 12, 2025

    Ohio Man Gets 30 Months For $2M Energy Investment Scam

    An Ohio man was sentenced to 2½ years in federal prison for his role in a $2 million scheme that duped investors into thinking they were funding the construction of a plant that would convert biodegradable waste into green energy, acting U.S. Attorney Troy Rivetti announced.

  • March 12, 2025

    Feds, Ex-Cognizant Execs Ink April Date For FCPA Trial

    A New Jersey federal judge set an April 7 trial date for the Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives on Wednesday, firming up a case timeline that's been beset by multiple delays, most recently due to the Trump administration's retreat from enforcing the statute.

  • March 12, 2025

    Construction Co. Must Face Insurer's $7M Iron Plant Fire Suit

    A construction company can't avoid an AIG unit's $7 million subrogation suit over a fire at an iron processing plant, a Texas federal court ruled, saying the insurer sufficiently stated a claim for negligence.

  • March 12, 2025

    Energy Co. Asks Justices To Skip On Inspector's OT Case

    Energy industry service provider Killick Group told the U.S. Supreme Court that the Fifth Circuit correctly considered a pipeline inspector an independent contractor because he had autonomy in his job, urging the justices to stay out of the worker's overtime case.

  • March 11, 2025

    Oil Trader Opposes Poland's Bid To Toss $55M Energy Award

    A Cypriot multinational commodities trader wants a D.C. federal court to deny Poland's bid to toss the company's petition to confirm a $55 million arbitral award, saying the country wrongly claims the award no longer exists.

  • March 11, 2025

    USPTO Acting Director To Review Bitcoin, Railway Patents

    The U.S. Patent and Trademark Office's current acting director made some of her first moves wading into patent board rulings, deciding last week to take a closer look at two board decisions involving blockchain mines and railway signs.

  • March 11, 2025

    Trump Admin Shutters EPA's Enviro Justice Office

    The U.S. Environmental Protection Agency on Tuesday dissolved its more than 30-year-old environmental justice and civil rights office, the latest in a string of EPA actions targeting efforts to ease pollution burdens on historically disadvantaged communities.

  • March 11, 2025

    Zachry Opposes Nebraska Utility's $38M Administrative Claim

    Bankrupt natural gas contractor Zachry Holdings has objected to a Nebraska public electric utility's administrative claim seeking $38 million in damages for delays in the construction of new generating stations, saying it is too early to seek the claim, and the requested fees exceed the purported damages.

  • March 11, 2025

    Utilities Want FCC To Clarify TCPA Prior Consent Rule

    Power utilities asked the Federal Communications Commission to clarify that federal law allows companies to contact customers about participating in company demand management programs, particularly by calling and texting customers during peak load periods encouraging them to shift energy consumption to nonpeak times.

  • March 11, 2025

    EPA Officially Cuts $20B In Funding For Climate Projects

    The U.S. Environmental Protection Agency on Tuesday canceled $20 billion in congressionally approved grant funding for climate change projects that it had frozen for weeks and criticized as wasteful and out of step with the Trump administration's priorities.

  • March 11, 2025

    Trump, Ontario Back Down After Two-Day Trade Flare-Up

    President Donald Trump called off additional tariffs on Canadian steel and aluminum Tuesday after the Ontario government dropped a briefly imposed surcharge on electricity exports, the White House told Law360 on Tuesday evening. 

  • March 11, 2025

    6th Circ. Asks If It Should Duck Enbridge Pipeline Fight

    A Sixth Circuit panel has asked if it should pause or reject altogether Enbridge Energy LP's lawsuit challenging Michigan's efforts to shutter a pipeline because of a pending state court case, requesting briefs ahead of oral arguments next week.

  • March 11, 2025

    Logistics Co. Tells Texas Justices Attys Undercut Rail Deal

    An energy logistics company has told the Texas Supreme Court that lawyers who allegedly helped undermine a business deal shouldn't get to skate out of a legal malpractice lawsuit, arguing in a Monday petition the case belongs before a jury.

  • March 11, 2025

    Russia Says Guinea Ruling Backs Dismissal In $5B Award Suit

    A recent D.C. federal court decision supports the Russian Federation's bid to dismiss an arbitration enforcement action stemming from a tax dispute with Yukos Capital Ltd., Russia told the same court.

Expert Analysis

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • How Trump Orders Roll Back Energy Efficiency Mandates

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    President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • What Banks Need To Know About Trump's Executive Orders

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    While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.

  • Emerging Energy Trends Reflect Shifting Political Landscape

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    As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig.

  • As EPA Backs Down, Expect Enviros To Step Up Citizen Suits

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    As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.

  • How Criminal Enforcement Of Trump Tariffs May Work

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    While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Rethinking How To Engage Shareholders, Activists Via Proxies

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    ​​​​​​​This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • 5 Key Takeaways From Energy Secretary's Confirmation

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    The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Steel Cases Test Executive Authority, Judicial Scope

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    Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.

  • What Calif. Bill Could Mean For Battery Energy Storage

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    A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.

  • 3 Ways Trump Can Nix SEC's Climate Disclosure Rules

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    Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.

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