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Energy
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October 29, 2024
'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says
A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.
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October 29, 2024
Mining Co. Must Hand Over Docs To Tribe In Minn. Land Row
A Minnesota federal magistrate judge has determined that the vast majority of documents that a Native American tribe is seeking from a mining company in a land exchange dispute must be turned over to the tribe, ruling that discovery sought prior to 2016 is relevant to the case.
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October 29, 2024
Williams Cos. Applies To FERC For Transco Expansion
A Williams Cos. Inc. unit on Monday submitted an application to the Federal Energy Regulatory Commission to expand the Transco natural gas pipeline's capacity in Virginia, North Carolina, South Carolina, Georgia and Alabama — a proposal over which two environmental groups quickly expressed concern.
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October 29, 2024
Texas Gov., Oil Groups Urge DC Circ. To Revive LNG Projects
Texas Gov. Greg Abbott, the American Petroleum Institute, the Lipan Apache Tribe and others are lining up behind liquefied natural gas project backers asking the full D.C. Circuit to review a panel's decision to nix Federal Energy Regulatory Commission approvals for LNG projects on the Texas Gulf Coast.
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October 29, 2024
Fla. Banker Agrees To Change Plea In Money Laundering Case
A Miami banker who is the son of Ecuador's ex-comptroller on Tuesday agreed to change his plea to guilty in a federal case alleging that he helped launder money for his father, who was convicted for his role in a corruption scandal that involved canceling fines for a hydroelectric dam in exchange for millions in bribes.
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October 29, 2024
Mining Regs Have World Effect On Tribes, High Court Told
A chief of an Indigenous Brazilian community is backing an Arizona tribe in its bid to overturn a decision that allows a copper mining company to discharge treated wastewater into a local waterway, telling the Supreme Court that pollution from such operations impacts more than just health around the world.
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October 29, 2024
Lye Buyers Can't Save Rejected $38.5M Antitrust Settlement
A New York federal judge refused Tuesday to change her mind about rejecting a $38.5 million class settlement between direct chemical buyers and three manufacturers accused of colluding to inflate the price of lye.
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October 29, 2024
PTAB Upholds Solar Co.'s Power Supply Patent
The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.
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October 29, 2024
Russia To Fight Seizure Of Assets In $5B Ukraine Oil Row
The Russian Federation is looking to challenge a recent seizure of its state-owned assets in Finland following a successful bid from NJSC Naftogaz of Ukraine, which aims to enforce a $5 billion arbitration award related to the 2014 expropriation of its Crimean assets.
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October 29, 2024
Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'
A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him.
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October 29, 2024
DQ'd Zeta Atty Using MDL Info In Other Cases, Plaintiffs Say
A group of crew members aboard a Transocean drilling rig during Hurricane Zeta asked a Harris County judge Monday to sanction the company and its former law firm, writing that a former attorney has continued to use information he obtained while working on the case despite being disqualified in 2023.
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October 29, 2024
Texas Judge Rejects Early Win In Water Pollution Dispute
A Texas federal judge denied on Tuesday an insurer's bid for an early win in its lawsuit against a water supply company accused of providing contaminated water to Cameron County residents, despite the insurer's argument that pollution exclusions in multiple policies bar coverage for the underlying claims.
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October 29, 2024
ND Riverbed Fight Has Been Festering For 50 Years, Court Told
A Native American tribe and the U.S. Department of the Interior are asking a federal court to deny a more than yearlong extension request by North Dakota to respond to a bid for a judgment that declares the state has no mineral rights beneath a portion of the Missouri River.
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October 29, 2024
BOEM Holds Gulf Of Maine Wind Lease Sale
An offshore wind lease sale held Tuesday for the Gulf of Maine saw two provisional winners for four lease areas with the potential to power some 2.3 million homes, according to the Bureau of Ocean Energy Management.
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October 29, 2024
FERC Botched Pacific NW Pipeline Approval, 5th Circ. Told
The Federal Energy Regulatory Commission was wrong to approve a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, Washington and Oregon officials and environmental groups told the Fifth Circuit.
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October 29, 2024
Oil Trader's Brother Gets Probation, Fine For Brazilian Bribes
An ailing Connecticut man who admitted to helping his brother pull off a scheme to bribe officials at Brazil's state-owned oil company has been sentenced to probation, a fine and asset forfeiture, federal court records showed Tuesday.
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October 29, 2024
Judge Rules Texas Grid Projects Law Unconstitutional
A Texas federal judge on Monday ruled that a right of first refusal law in Texas reserving new power line development for the state's incumbent transmission companies violates the U.S. Constitution's commerce clause.
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October 28, 2024
Judge Hopes To Avoid Vote Issue Repeat In Talc Ch. 11 Plan
A Delaware bankruptcy judge on Monday told a pair of talc producers that the proposed creditor voting procedures on their joint Chapter 11 plans will need some work to avoid a repeat of the voting problems that derailed a previous attempt to settle asbestos injury claims.
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October 28, 2024
Russia Says High Court Case May Help Nix $5B Award Suit
Russia has told a D.C. federal court that a case recently accepted for review by the U.S. Supreme Court may provide it a path to argue that the court lacks jurisdiction to decide a case brought against the country by a Yukos Oil Co. unit.
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October 28, 2024
Texas Sues Biden Admin Over Mussels' Endangered Status
Texas sued the U.S. Department of the Interior over a recent federal classification naming several central-Texas mussel species as endangered or threatened, telling a Texas federal court Monday that the agencies failed to consider current conservation efforts and economic impacts of the new rule.
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October 28, 2024
Metals Co. Owner Convicted Of Tax Fraud In $58M Theft Case
A Delaware federal jury convicted the owner of a gold and silver depository of tax fraud and other crimes tied to the government's accusations that he stole $58 million in precious metals from his customers, according to court filings.
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October 28, 2024
Wrongful Death Coverage Capped At $1M, Zurich Says
Zurich urged a Colorado federal court to grant it an early win in a lawsuit brought by a pipeline construction company stemming from an underlying wrongful death action, arguing that relevant policy language only guaranteed the company $1 million instead of twice that amount.
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October 28, 2024
DC Circ. Told Carbon Tech Doesn't Back EPA Power Plant Rule
The U.S. Environmental Protection Agency can't show that carbon capture and sequestration technology can be used now to meet its new emissions requirements for power plants, necessitating vacatur, Republican-led states and industry challengers told the D.C. Circuit.
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October 28, 2024
Calif.'s 2018 Fire Reimbursement Suit Meets Skeptical Judge
A Los Angeles judge appeared dubious Monday that the state of California can use litigation against Southern California Edison to recover emergency funds distributed to local agencies that responded to the destructive Woolsey Fire in 2018.
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October 28, 2024
Philly Attys Sued For Allegedly Botching Bias Lawsuit
A malpractice suit filed in Philadelphia court alleges that attorneys at the Law Offices of Eric A. Shore did not properly manage a pair of federal employment discrimination cases for a power plant engineer, causing the dismissal of one complaint and a diminished jury verdict in the second.
Expert Analysis
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UCC Article 12 Offers Banks A Chance To Dive Into 'DePINs'
The 2022 update to Article 12 of the Uniform Commercial Code, which provides a legal framework for decentralized physical infrastructure networks, could offer trade and commodity finance banks attractive opportunities, like the energy-related DePIN projects that have recently made headlines, says Chris McDermott at Cadwalader.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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High Stakes In Justices' Review Of Clean Air Act Venue Fights
Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent a wait-and-see approach from some potential litigants, say attorneys at Norton Rose
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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The Ups And Downs Of SEC's Now-Dissolved ESG Task Force
The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.
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What Hawaii High Court Got Right And Wrong In AIG Ruling
Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers
With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.