Energy

  • September 24, 2024

    Appeals Court Finds LNG Project Claims Barred By Arbitration

    An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.

  • September 24, 2024

    DC Circ. Open To Industry Challenge To TSCA Reporting Rule

    A D.C. Circuit panel on Tuesday seemed receptive to two trade associations' challenge to new federal regulations aimed at increasing Toxic Substances Control Act transparency, pressing the U.S. Environmental Protection Agency on a facet of the rule that opponents say would lead confidential chemical information to be divulged.

  • September 24, 2024

    DC Circ. Mining Decision Unsupported By Law, Groups Say

    Environmental organizations have called on the full D.C. Circuit to rethink a panel's June decision upholding a Bush-era mining regulation that removed limits on how much land near a mining site can be used for secondary operations like waste disposal, saying the ruling departs from that of all other courts.

  • September 24, 2024

    Ala. Can Enforce Own Interstate Clean Air Plan, 11th Circ. Told

    Alabama told an Eleventh Circuit panel Tuesday that the U.S. Environmental Protection Agency overstepped its authority when denying the state's plan to implement rules limiting harmful interstate emissions under the Clean Air Act, saying the law gives states the "primary" authority to combat air pollution.

  • September 24, 2024

    Trio Used Penny Stock Co. For Wide-Ranging Fraud, SEC Says

    A trio of defendants faces U.S. Securities and Exchange Commission allegations they orchestrated a wide-ranging investment scheme to illegally profit off of a purported solar company and bogus claims about a rapid COVID-19 test, targeting investors and even the company's own transfer agent to enrich themselves.

  • September 24, 2024

    Norfolk Southern Says Stock Drop Suit Based On 'Hindsight'

    Norfolk Southern Corp. is urging a Georgia federal court to throw out a proposed class action alleging it duped stockholders by misleading them about the safety of its operations, leading to a stock drop after last year's derailment in East Palestine, Ohio, saying the claims are a bid to capitalize in hindsight on the crash.

  • September 24, 2024

    EPA Finalizes HFC Leak And Recycling Rule

    The U.S. Environmental Protection Agency has issued a final rule aimed at reducing hydrofluorocarbon leaks from large refrigeration and air-conditioning equipment, while establishing a new program to better manage and recycle the potent greenhouse gasses.

  • September 24, 2024

    King & Spalding, Skadden Rep $1.7B DE Shaw-Macquarie Deal

    Australian investment firm Macquarie Asset Management, advised by King & Spalding LLP, on Tuesday announced that it has agreed to take a "significant" minority stake in renewable energy company D.E. Shaw Renewables Investment Group, led by Skadden Arps Slate Meagher & Flom LLP, for up to $1.73 billion.

  • September 24, 2024

    Pillsbury Adds Locke Lord Energy Litigation Head In Houston

    Pillsbury Winthrop Shaw Pittman LLP has expanded its construction and energy litigation capabilities in Texas with the addition of the former chair of Locke Lord LLP's energy litigation practice group.

  • September 24, 2024

    Exxon Claims It Beat Weak Defense In $1.8B Tax Trial

    Exxon Mobil urged a Texas federal judge to find that it defeated what it called a scattered defense by the U.S. government during a five-day bench trial in April when the company argued for a $1.8 billion tax refund on its natural gas deal with Qatar, according to newly released filings.

  • September 23, 2024

    Chamber Says X Ruling Boosts Bid To Nix Calif. Climate Laws

    The U.S. Chamber of Commerce and the state of California have filed competing briefs on how a recent Ninth Circuit decision blocking parts of a social media law applies to the state's corporate climate disclosure rules, with the Chamber arguing the ruling reinforces how the latter violate the First Amendment.

  • September 23, 2024

    High Court Enviro Shadow Docket Could Diminish DC Circ.

    The U.S. Supreme Court's "shadow docket" is full of pleas from environmental rule opponents who want the justices to overturn D.C. Circuit rulings that allowed the regulations to go into effect, and recent history shows the challengers have some chance for success — but experts say the high court's willingness to step in at this stage risks diminishing lower courts' voices.

  • September 23, 2024

    Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge

    The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.

  • September 23, 2024

    EPA Admits Mistakes In Approving New Chevron Chemicals

    The U.S. Environmental Protection Agency on Friday told the D.C. Circuit that it overestimated the risk of allowing Chevron Corp. to create new fuel chemicals derived from plastic waste, asking the appeals court to remand the order authorizing the new substances back to federal regulators.

  • September 23, 2024

    Texas Fighting ESA Listing For Tiny Lizard In Permian Basin

    Texas Attorney General Ken Paxton is asking a judge to overturn a U.S. Fish and Wildlife Service rule that listed the dunes sagebrush lizard as an endangered species, calling it a "backdoor attempt" to undermine energy development in the Permian Basin.

  • September 23, 2024

    Battery Exec Can't Avoid Depo In $2B Plant Fight

    Battery manufacturer Gotion cannot block the deposition of its U.S. President Li Chen in a legal fight over the future of a proposed gigafactory in a Michigan town, a federal magistrate judge ruled Monday.

  • September 23, 2024

    Ex-Holtec CIO Says She's Owed More Than $500K Bonus

    The former chief investment officer for Holtec International is alleging in New Jersey federal court that she was demoted then fired earlier this year after expressing her concern over the company's bonus structure and its failure to pay her bonuses on time in violation of the state's wage payment law.

  • September 23, 2024

    Calif. Sues Exxon For Plastic Pollution And Recycling Deception

    California's attorney general and a coalition of conservation groups hit Exxon Mobil Corp. with a pair of lawsuits on Monday claiming the petrochemical giant has inundated the state with harmful plastic waste while misleading people about recycling's ability to ever make a dent in the problem.

  • September 23, 2024

    NY Extends Industrial Property Tax Break Application Deadline

    New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.

  • September 23, 2024

    Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight

    A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.

  • September 23, 2024

    La. Wants EPA Civil Rights Regs Vacated After Court Win

    Louisiana is asking a federal judge to revisit an order and amend it to completely vacate U.S. Environmental Protection Agency civil rights regulations, after the judge granted the Pelican State's motion for a permanent injunction within its borders.

  • September 23, 2024

    Conn. Reaches $5M Deal To Resolve Vision Solar Case

    Connecticut is asking a judge to sign off on a judgment that would impose a $5 million civil penalty against Vision Solar LLC to resolve the state's unfair trade practices complaint against the bankrupt company.

  • September 20, 2024

    EPA Defends Methane Rule At Supreme Court

    The U.S. Environmental Protection Agency and green group allies on Friday asked the U.S. Supreme Court to reject states' and fossil fuel industry players' effort to block the implementation of a rule strengthening methane emissions control requirements for oil and gas infrastructure.

  • September 20, 2024

    EV Battery Co. Hit With $207M Default Loss For Lack Of Attys

    Shareholders of electrical vehicle battery maker Romeo Power Inc. have secured a $206.8 million default win against the company after it failed to retain new counsel in a proposed class action alleging it concealed its acute shortage of high-quality battery cells before going public via a merger with a blank check company.

  • September 20, 2024

    Law Professors Say Boulder Climate Suit Clearly Preempted

    Two law professors and a conservative legal nonprofit have urged Colorado justices to toss a city's climate tort lawsuit, arguing that the claims are clearly preempted by the Clean Air Act and that the city should not be allowed to make climate change policy decisions for the rest of the country.

Expert Analysis

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • In Energy Disputes, Good Arbitration Clauses Are Key

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    Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Breaking Down EPA's Rule On PFAS In Drinking Water

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    Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.

  • Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent

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    The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • Perspectives

    Criminal Defendants Should Have Access To Foreign Evidence

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    A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.

  • EPA Chemical Safety Rule Raises Questions About Authority

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    Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

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