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Energy
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July 26, 2024
DC Circ. Vacates EPA's Biofuel Exemptions Denial
The D.C. Circuit on Friday largely sided with dozens of small petroleum refiners challenging the U.S. Environmental Protection Agency's denial of their exemptions to federal renewable fuel blending requirements while keeping its reasoning for doing so under seal.
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July 26, 2024
Kinder Morgan Shorted Early Retirement Benefits, Judge Says
A pension plan inherited by Kinder Morgan Inc. when it acquired El Paso Corp. was wrongly amended to prevent workers from accumulating early retirement benefits, a Texas federal judge ruled, siding with a class of retirees who claimed the changes violated federal benefits law.
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July 26, 2024
EU Calls For Dispute Talks Over Taiwan's Wind Farm Policy
The European Union challenged Taiwan's domestic sourcing requirements for offshore wind energy projects in the World Trade Organization, saying Friday that Taiwan was violating its duty not to discriminate against imported goods.
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July 26, 2024
EV Group Seeks To Defend Fuel Economy Rule In 6th Circ.
A coalition of electric vehicle manufacturers and suppliers want in on a consolidated challenge in the Sixth Circuit to the U.S. Department of Transportation's new fuel economy standards for passenger cars and light trucks, saying the EV industry's future viability banks on the stringent new standards.
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July 26, 2024
Power Groups Join Bid To Stay EPA Plant Rule At High Court
Utility and coal industry groups have joined dozens of red states in urging the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants.
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July 26, 2024
Gas Co. Can't Wheedle Out Of Jury's Decision, Trader Says
A former trading director has told a Colorado state judge that the natural gas marketing company he worked for has no grounds to escape a Denver jury's $3.3 million damages award over his unpaid bonus, arguing that the jurors clearly found in his favor.
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July 26, 2024
Magellan Denied Pretrial Win On Eve Of Houston Antitrust Trial
A Houston judge has declined to grant two Magellan companies a pretrial win on the eve of trial in a 2022 antitrust case brought by Converge Midstream LP.
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July 26, 2024
Wait For Depositions May Delay Cognizant Bribe Trial Again
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India could be delayed again after New Jersey federal prosecutors said on Friday that the current Sept. 9 date is too soon to complete necessary depositions in that country.
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July 26, 2024
Rising Star: Quinn Emanuel's Courtney Whang
Courtney Whang of Quinn Emanuel Urquhart & Sullivan LLP helped secure a highly favorable plaintiff-side settlement for KKR, one of the world's largest institutional investors, in a securities opt-out class action and is currently preparing for a jury trial representing HPS Investment Partners LLC in multiple actions arising from the bankruptcy of the oil and gas exploration company Alta Mesa Resources Inc., earning her a spot among the trial attorneys under age 40 honored by Law360 as Rising Stars.
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July 26, 2024
Illinois Cases To Watch In 2024: Midyear Report
Illinois attorneys say they are considering the path forward for Springfield corruption prosecutions following a recent U.S. Supreme Court ruling, as well as paying attention to what comes next in Motorola Solutions' trade secret contempt fight and potential new guidelines for music copyright cases. Here are the cases to watch in Illinois for the rest of 2024.
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July 26, 2024
Washington Cases To Watch 2024: A Midyear Report
Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 25, 2024
Insurer Can't Link Secrets Suit To $47M Claim, Ex-Worker Says
A former worker for British insurance company Beazley urged a Florida federal court Thursday to toss claims alleging trade secrets theft, saying the company's suit doesn't show how he supposedly caused it to incur $47 million in damages from an arbitration case over a Brazilian thermoelectric plant.
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July 25, 2024
Lawmakers Take Stab At Energy Permitting As Election Looms
U.S. Senate energy committee leaders have proposed legislation that would significantly overhaul energy project infrastructure permitting, but it faces a sharply divided Congress made even more daunting by a presidential election this fall. With an initial markup scheduled for Wednesday, here are some key takeaways.
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July 25, 2024
California Disses Chamber's Climate Compliance Attack
The state of California on Wednesday slammed the U.S. Chamber of Commerce's attempt to block the state's corporate climate disclosure rules before discovery opened in the Chamber's suit, arguing it should be allowed a chance to disprove the group's "vague and unsubstantiated" claims.
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July 25, 2024
1st Circ. Leery Of Fishing Industry Challenge To Wind Farm
A First Circuit panel on Thursday appeared unlikely to disturb a district court's rulings affirming a series of approvals for a massive wind farm off the coast of Martha's Vineyard and Nantucket, questioning procedural claims by fishing industry groups and whether they have standing to sue.
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July 25, 2024
Solar Tech Co. Investor Drops Securities Action
An Enphase Energy Inc. shareholder told a California federal judge he's voluntarily dismissing a proposed class action alleging the energy technology company and its executives had failed to disclose slow growth trends.
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July 25, 2024
Justices Urged To Hear Red State Bid To End Climate Torts
Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.
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July 25, 2024
6th Circ. Asks Union If Steel Co. Must Pay 'Double' Benefits
During oral arguments Thursday in a "messy, complex" union fringe benefits dispute, a Sixth Circuit panel questioned whether ruling for a union pension fund would require a steel contractor to pay benefits twice for out-of-state workers.
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July 25, 2024
Dems' Bill Looks To Prevent Collusion With OPEC
A pair of Democrats in the House and Senate on environmental committees introduced a bill Wednesday to punish fossil fuel companies that collude with OPEC to increase prices.
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July 25, 2024
EPA OIG Says Texas, Calif. Pollution Sources Need Oversight
The U.S. Environmental Protection Agency has, since at least 2006, failed to keep tabs on air pollution sources in California and Texas that might require more stringent control measures, the EPA's internal watchdog said Wednesday.
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August 01, 2024
Bracewell Hires 11 Norton Rose Energy Attys In Paris Launch
Bracewell LLP said Thursday it has opened a new office in Paris with the hiring of an 11-lawyer team of energy and infrastructure specialists from Norton Rose Fulbright in a move to develop its legal services in France and in French-speaking countries in Africa.
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July 25, 2024
Via Renewables Investor Sues In Chancery Over Buyout Deal
A former common stockholder of Via Renewables Inc. has sued the Houston energy company's board members and controlling stockholders in Delaware's Court of Chancery, alleging they breached their fiduciary duties in connection with a June 13 buyout that took the company private.
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July 25, 2024
Zurich Can't Revive Deductible In Georgia Coverage Suit
A Georgia federal judge rejected Zurich American Insurance Co.'s bid to reverse a ruling holding it could and did waive a $2.5 million flood deductible in its coverage row with First Solar Electric LLC over storm damage to a solar farm, holding that the insurer was just "regurgitating" arguments.
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July 24, 2024
FERC Can't Give Pipeline More Time, Green Groups Say
Conservation groups are urging the D.C. Circuit to throw out a three-year deadline extension the Federal Energy Regulatory Commission granted for the completion of a southern extension of the controversial Mountain Valley pipeline.
Expert Analysis
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An Energy Industry Case Study In Expropriation Risk
Andrés Chambouleyron at Berkeley Research breaks down how expropriation risk and damage mitigation calculations vary considerably by different energy sources, and uses Argentina as a case study for how energy investors might protect their interests.
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Exploring Patent Trends In Aerospace Electrification
As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.
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Opinion
Federal MDL Rule Benefits From Public Comments
The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
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.
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How 3 Unfolding Cases Could Affect The Energy Industry
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.
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How IRA Unlocks Green Energy Investments For Tribes
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.