Energy

  • June 24, 2024

    Catching Up With Delaware's Chancery Court

    Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.

  • June 24, 2024

    US DOT Final Rule Ups Freight Rail Hazmat Disclosures

    Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.

  • June 24, 2024

    NM Sued Over Sustainable Building Credit Award Process

    A New Mexico apartment complex alleges that the state violated its due process rights after it was denied sustainable building tax credits for most of its units, according to a complaint filed in federal court.

  • June 24, 2024

    Covestro, Abu Dhabi Oil In 'Concrete' Talks For $12.5B Deal

    German chemicals group Covestro AG said Monday it is advancing its talks to potentially sell the business to the Abu Dhabi National Oil Co. after the United Arab Emirates' oil group upped its bid to more than €11.7 billion ($12.5 billion).

  • June 24, 2024

    Justices Will Review Request To Rein In NEPA Requirements

    The U.S. Supreme Court on Monday granted seven Utah counties' request that it review a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah.

  • June 21, 2024

    Insurer Targets Ex-Employee Over $47M Plant Financing Claim

    British insurance company Beazley has targeted a former employee in Florida federal court, accusing the former underwriter of exposing it to a $47 million arbitration claim in Brazil after he improperly inked a deal with a reinsurer as part of an ill-fated financing pact for a thermoelectric plant.

  • June 21, 2024

    Canadian Miner Now Seeking $408M In Mexico Claim

    Canadian mining company Silver Bull Resources Inc. says it has more than doubled the amount of damages it's seeking in arbitration against Mexico for failing to remove an alleged blockade at a silver and zinc mine in a northern part of the country to some $408 million.

  • June 21, 2024

    SEC Bypassed Congress On Climate Regs, Suing States Say

    A coalition of Republican-led states suing the U.S. Securities and Exchange Commission over recently adopted climate disclosure regulations presented their opening pitch for vacating those regulations to the Eighth Circuit on Friday, arguing that Congress has passed on the opportunity to demand climate risk reporting from publicly traded companies.

  • June 21, 2024

    Feds, Enviros Spar Over Power Line Crossing Through Refuge

    The federal government and sparring environmental groups both called on a Wisconsin federal court to grant them judgment in litigation seeking to upend a land exchange that would allow a high-voltage transmission line to cross part of the Upper Mississippi River National Wildlife and Fish Refuge.

  • June 21, 2024

    Conn. Steel Co. Files Ch. 11 After Contractor Dispute

    A $2.29 million judgment and the sunsetting of the $7.5 million limit for a bankruptcy provision aimed at small businesses prompted a Connecticut steel company to hit Chapter 11 this week, an attorney for the debtor said at a hearing Friday.

  • June 21, 2024

    Fed. Circ. Backs Subsidy Duties For Canadian Wind Towers

    A Canadian wind tower manufacturer can't get a break on countervailing duties despite being upfront about errors in its sales data, with the Federal Circuit ruling Friday that the errors raise the possibility of additional mistakes.

  • June 21, 2024

    Calif. Gov. Backs Return Of 2,800 Acres To Shasta Nation

    California Gov. Gavin Newsom has thrown his support behind the return of more than 2,800 acres of ancestral land seized through eminent domain more than a century ago to the Shasta Indian Nation, marking the largest tribal land effort in the state's history.

  • June 21, 2024

    Hawaii DOT Settles Kids' Suit Over Fossil Fuel Use

    The Hawaii Department of Transportation has agreed to implement "transformative changes" to the state's transportation system to achieve zero emissions in all ground transportation and interisland sea and air transportation by 2045, as part of a settlement reached with a group of young people.

  • June 21, 2024

    8 Firms To Lead 4 IPOs Totaling $806M As Action Heats Up

    Eight law firms are slated to guide four initial public offerings estimated to raise a combined $806 million during the week of June 24, potentially closing a slow month for new listings with a bang.

  • June 21, 2024

    Ex-Cognizant Execs Keep Pushing For Debevoise Testimony

    Former Cognizant Technology Solutions executives have pushed back on Debevoise & Plimpton LLP's bid to quash a subpoena seeking testimony from a firm partner for their upcoming bribery trial in New Jersey federal court, saying that the testimony would be relevant and that any potential privilege arguments have already been waived.

  • June 21, 2024

    6th Circ. Says Counties Not On Hook For Mich. Dam Collapse

    A Sixth Circuit panel agreed that two Michigan counties can't be forced to compensate homeowners for destructive flooding caused by a dam's collapse, finding Thursday that the counties did not cause the damage to the homeowners' properties.

  • June 21, 2024

    Taxation With Representation: Travers Smith, Potamitis Vekris

    In this week's Taxation With Representation, RSK Group Ltd. gets a £500 million ($632 million) investment, Boston Scientific Corp. acquires Silk Road Medical Inc., Masdar takes a part of Terna Energy SA, and Tate & Lyle PLC buys CP Kelco from JM Huber Corp.

  • June 21, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

  • June 21, 2024

    Feds Offer $850M To Slash Methane From Oil And Gas

    The Biden administration on Friday unveiled the latest prong of its multifaceted plan to cut methane emissions from the oil and gas sector: $850 million worth of federal funding for projects that monitor, measure and reduce emissions from oil and gas infrastructure.

  • June 21, 2024

    Taft Expands Energy Group With Barnes & Thornburg Attys

    Taft Stettinius & Hollister LLP has expanded its energy group with the addition of two partners in Indiana from Barnes & Thornburg LLP.

  • June 20, 2024

    Zimbabwe Says $50M Mining Award Can't Be Enforced

    The Republic of Zimbabwe is urging the D.C. Circuit to overturn a ruling forcing it to face litigation to enforce a decade-old $50 million arbitral award stemming from a soured mining deal, arguing that a lower court mistakenly rejected its sovereign immunity defense.

  • June 20, 2024

    Sunnova Execs Committed Insider Trading, Shareholder Says

    A shareholder says solar energy company Sunnova Energy International Inc.'s executives lied about the company's predatory sales practices and opened the company up to securities litigation and heat from regulators, telling a Texas federal court Thursday that the executives breached their fiduciary duties.

  • June 20, 2024

    6 Firms Build Hydrogen Developer's $1.6B SPAC Merger

    Chinese hydrogen solutions company United Hydrogen Group Inc. on Thursday announced plans to go public through a merger with special-purpose acquisition company Aimei Health Technology Co. Ltd. in a deal that values the combined business at roughly $1.6 billion on a pro forma basis and was built by six law firms.

  • June 20, 2024

    Ford Battery Factory Challenge Unplugged By Mich. Panel

    Michigan appellate judges affirmed the dismissal of a lawsuit seeking to block Ford Motor Co.'s plans to build an electric vehicle battery plant in the state, finding the factory's opponents weren't entitled to a citywide vote on the rezoning of the plant site.

  • June 20, 2024

    Carbon Capture Struggles Doom EPA Rule, DC Circ. Told

    Challengers of the U.S. Environmental Protection Agency's new greenhouse gas emissions standards for power plants reiterated to the D.C. Circuit that the impossibility of rapidly installing carbon capture and sequestration at power plants is reason enough to block the rule's implementation.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • How IRA Unlocks Green Energy Investments For Tribes

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    An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.

  • Tipsters May Be Key To Financial Regulators' ESG Efforts

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    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission are looking to whistleblowers to assist their climate and ESG task forces, suggesting insider information could be central to the agencies' enforcement efforts against corporate greenwashing, false investment claims and climate disclosure violations, says John Crutchlow at Youman & Caputo.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • 8 Tips As GCs Prep For New SEC Climate Disclosure Rules

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    The U.S. Securities and Exchange Commission's recently adopted rules governing climate-related disclosures represent a major change to the existing public company disclosure regime, so in-house counsel should begin to evaluate existing systems and resources related to emissions data, and identify the changes that will need to be made, say attorneys at Bracewell.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • How Fieldwood Ch. 11 Ruling Bolsters Section 363 Confidence

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    The Fifth Circuit’s recent ruling in Fieldwood Energy’s Chapter 11 cases, which clarified that challenges to integral aspects of a bankruptcy sale are statutorily moot under Section 363(m) of the U.S. Bankruptcy Code, should bolster the confidence of prospective purchasers in these sales, say attorneys at V&E.

  • New Russia Sanctions Reveal Int'l Enforcement Capabilities

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    Significant new U.K., U.S. and EU sanctions imposed on Russia notably target Europe-based individuals and entities accused of sanctions evasion, and with an apparent political will to enhance capabilities, the rhetoric is translating into international enforcement activity, say lawyers at Cadwalader.

  • Opinion

    Proposed MDL Management Rule Needs Refining

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    Proponents of the recently proposed Federal Rule of Civil Procedure 16.1 believe it may enhance efficiency in multidistrict litigation proceedings if adopted, but there are serious concerns that it could actually hinder plaintiffs' access to justice through the courts — and there are fundamental flaws that deserve our attention, says Ashleigh Raso at Nigh Goldenberg.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

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