Energy

  • June 24, 2024

    Tesla Class Attys In Del. Blast Musk's Texas Pay-Salvage Plan

    Tesla stockholder attorneys who won a Delaware Court of Chancery order voiding Elon Musk's then-$56 billion compensation package in January have asked the court to reject company claims that recent stockholder approval of the same Musk pay plan after Tesla's reincorporation in Texas "has controlling and preclusive effect."

  • June 24, 2024

    9th Circ. Upholds Fine For Fake News In $18B Chevron Case

    The Ninth Circuit has affirmed a $268,000 fine against a Seattle attorney for filing a fake newspaper article as a court exhibit in an attempt to bolster his clients' efforts to enforce a nearly $18 billion arbitral award against Chevron.

  • June 24, 2024

    States Attack Conservation Leasing In New Public Lands Rule

    North Dakota, Idaho and Montana are challenging the Bureau of Land Management's move to prioritize conservation in public land regulation, claiming the agency's recent public lands rule "upends" long-standing federal leasing processes and reorients land use mandates against the priorities of federal law.

  • June 24, 2024

    K-Pop Stars Cited As Judge Awards $171M In Rail Fraud Fight

    A Pennsylvania federal judge has awarded over $171 million to Eddystone Rail after finding Bridger Logistics affiliates liable for fraudulent asset transfers under a rail services agreement, citing the South Korean boy band BTS in his decision writing the defendants made 'Bad Decisions" and it's time they "Make It Right."

  • June 24, 2024

    Miner Wins $9.6M In Royalty Fight With Colombia

    An international tribunal ordered Colombia to pay $9.56 million to a British mining and metals company following a dispute over royalties collected on a nickel mine, as the tribunal concluded that there had been "irregularities" in the way the country calculated the amount due.

  • June 24, 2024

    Sierra Club Says Mich. Power Co. Liable For Illegal Pollution

    The Sierra Club and a small town in Michigan are looking to hold a power plant partially liable for air pollution produced by a steel factory, claiming in amended complaints filed Monday that many of the factory's regulatory compliance failures can be traced back to energy company employees.

  • June 24, 2024

    Ill. Landowners Challenge FERC Moves On $7B Power Line

    Illinois residents, farmers and landowners launched a fresh challenge to the $7 billion Grain Belt Express high-voltage power line, telling the D.C. Circuit that when the Federal Energy Regulatory Commission approved an amended negotiated rate authority, it ignored clean energy giant Invenergy's unsanctioned purchase of the project in 2020.

  • June 24, 2024

    McDermott Investors See Partial Cert. In $6B CB&I Deal Suit

    Investors in energy industry engineering company McDermott International Inc. saw part of their proposed investor class certified as a lead plaintiff is sought for a second subclass in litigation over the company's $6 billion acquisition of Chicago Bridge & Iron Company NV.

  • June 24, 2024

    Australian, Canadian Uranium Miners Ink $835M Combo Deal

    Australian mining company Paladin Energy Ltd. has agreed to buy Canada's Fission Uranium Corp. for CA$1.14 billion ($835 million), the companies said in a Monday statement. 

  • 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.

Expert Analysis

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

  • Opinion

    US Solar Import Probe's Focus On China Is Misguided

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    The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Key Insurance Considerations After $725M Benzene Verdict

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    The recent massive benzene verdict in Gill v. Exxon Mobil will certainly trigger insurance questions — and likely a new wave of benzene suits — so potential defendants should study Radiator Specialty v. Arrowood Indemnity, the only state high court decision regarding benzene claim coverage, says Jonathan Hardin at Perkins Coie.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Opinion

    We Need A Legislative Path To Power Plant Emissions Cuts

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    With the U.S. Environmental Protection Agency's newest regulation targeting power plant carbon emissions likely to be overturned by courts or a future administration, it's time for bipartisan legislation to preserve affordable, reliable electricity while substantially decarbonizing the sector by midcentury, say Jeffrey Holmstead at Bracewell and Samuel Thernstrom at the Energy Innovation Reform Project.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • 2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors

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    Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

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