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Energy
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August 21, 2024
Ex-Venezuelan Oil Employee Pleads Guilty To Sanctions Plot
The former procurement head at Petróleos de Venezuela SA, Venezuela's state-owned oil company, pled guilty to conspiring to obtain millions of dollars' worth of U.S. aircraft parts for the business, in violation of U.S. sanctions.
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August 21, 2024
La. Plaintiffs Ask 5th Circ. To Revive BP Spill Malpractice Deal
Louisiana residents who sued their attorneys, alleging they botched damage claims tied to the 2010 BP Deepwater Horizon oil spill, have asked the Fifth Circuit to reconsider a panel's ruling that overturned enforcement of a global settlement.
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August 20, 2024
Billionaire To Seek High Court Review In Peru Pollution Case
U.S. billionaire Ira Rennert wants the U.S. Supreme Court to review a published Eighth Circuit decision greenlighting a long-running case over environmental damage at a Peruvian metallurgical complex in order to resolve a circuit split on the international comity doctrine, according to documents filed Monday.
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August 20, 2024
Gulf Spill Review 'Underestimated' Enviro Risks, Court Says
A National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico violates federal law, a Maryland federal judge ruled, agreeing with the Sierra Club and other environmental groups that the agency underestimated the risks to endangered and threatened marine species.
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August 20, 2024
Feds Say Chevron Doesn't Change Auto Standards Litigation
The federal government told the D.C. Circuit that the U.S. Supreme Court's opinion axing federal agency deference doesn't aid Republican-led states' and industry's attempt to undermine tighter greenhouse gas emissions standards for vehicles.
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August 20, 2024
Ariz. Tribe Wins Pause Of Lithium Project Construction
An Arizona federal judge has granted the Hualapai Indian Tribe's bid for a temporary restraining order in its lawsuit seeking to halt U.S. government approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes.
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August 20, 2024
Colo. Justices To Hear Claims-Clock Debate In Xcel Death Suit
The Colorado Supreme Court said Monday it would hear an appeal by Xcel Energy and a city over whether the deadline for an accident victim's father to sue started when his daughter was hit by a car or when she died weeks later.
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August 20, 2024
Duke Energy Wants 4th Circ. Rethink On Antitrust 'Haven'
Duke Energy sought a full Fourth Circuit rehearing Monday against a panel decision reviving NTE Energy Services' antitrust lawsuit, arguing the panel upended decades of U.S. Supreme Court precedent and risked making the circuit a space for plaintiffs to "escape" those rules.
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August 20, 2024
Investor Says DC Circ. Arbitration Ruling Boosts Spain Cases
A Dutch renewable energy investor vying to enforce multimillion-euro arbitration awards against Spain told the D.C. federal court that a recent ruling from the D.C. Circuit holding that district courts have jurisdiction to enforce foreign arbitral awards against Spain means that the investor's awards should be confirmed.
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August 20, 2024
Co. Says No License Needed To Dispute $1B DOD Fuel Deal
A company alleging a $1 billion Defense Logistics Agency African fuel supply contract effectively requires bribery to secure has told the Court of Federal Claims it can protest the deal despite lacking a local license, saying the license wasn't necessary for the contracted work.
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August 20, 2024
Energy Department Says Dishwasher Case Lacks Jurisdiction
The U.S. Department of Energy says anyone who wants to challenge a new rule governing how efficiently household appliances need to manage water usage must do so in a circuit court, claiming a Texas federal court lacks jurisdiction to hear the case.
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August 20, 2024
Utah Tells Justices Feds Must Relinquish Land In State
The federal government is unconstitutionally hoarding and profiting from public lands in Utah, and the state is missing out on economic and development opportunities that are rightfully its own, it told the U.S. Supreme Court in a proposed lawsuit filed Tuesday.
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August 20, 2024
EPA Urges DC Circ. To Uphold Particulate Matter Rule
The U.S. Environmental Protection Agency is defending its decision to ratchet down a fine particulate matter air pollution standard, telling the D.C. Circuit that states and industry groups challenging it aren't seriously questioning the scientific support for the change and misread the Clean Air Act to argue that the agency overstepped.
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August 20, 2024
DOI Issues 1st Floating Offshore Wind Energy Lease
The U.S. Department of the Interior on Monday announced its first-ever floating offshore wind energy research lease, which will allow for up to 12 floating wind turbines off the coast of Maine.
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August 20, 2024
Ga. Power Says Factory Redo Can't Free Nestle From Service
Georgia's largest electricity provider tried to convince the state's high court Tuesday that a pet food manufacturer can't use its factory renovations to skirt a nearly 50-year-old state law requiring large electricity consumers to be wedded to a single provider in perpetuity.
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August 20, 2024
Power Plant Rule Stay Is Unwarranted, EPA Tells Justices
U.S. Solicitor General Elizabeth B. Preloger called on the U.S. Supreme Court to reject industry groups' and Republican-led states' attempts to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying the agency did not exceed its statutory authority.
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August 20, 2024
States, Coal Cos. Seek High Court Block Of EPA Mercury Rule
A group of red states and coal companies have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision allowing the U.S. Environmental Protection Agency to implement a mercury air pollution rule while their legal challenges play out.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 19, 2024
FERC Can't OK Calif. Hydropower Permit Delays, DC Circ. Told
A Northern California water district has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly concluded that the state water board did not waive its Clean Water Act permitting authority with regard to two hydroelectric dam projects, adding that it is not blocked from arguing so.
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August 19, 2024
Red States Seek To Block Interior Mining Violation Rule
A coalition of Republican-led states has asked a D.C. federal court to block the U.S. Department of the Interior from implementing a rule that strengthens requirements for states to respond to federal and citizen notifications of possible violations of federal mining law.
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August 19, 2024
California Rips Challenge To Advanced Clean Fleets Regulation
California officials have urged a federal judge to toss a lawsuit from trade groups challenging new regulations requiring large commercial truck and bus fleets to start transitioning to electric and be completely zero-emission by 2036 and beyond, saying the mandates haven't even been enforced yet.
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August 19, 2024
ND Tribe Says State Has No Right To Riverbed Mineral Rights
The Mandan, Hidatsa and Arikara Nation says North Dakota has no claim to mineral rights beneath a portion of the Missouri River within the tribe's reservation, arguing that despite a federal opinion that held the property belongs to the tribe, the state has allegedly issued oil and gas leases for the site.
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August 19, 2024
2nd Circ. Keeps Macquarie Suit Alive After High Court Remand
The Second Circuit on Monday once again greenlighted an investor lawsuit accusing Macquarie Infrastructure Corp. of hiding the expected impact of a high-sulfur fuel ban on its oil storage business, saying that the U.S. Supreme Court's recent decision in Macquarie's favor had little impact on the circuit court's earlier ruling that the case should move forward.
Expert Analysis
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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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.