Climate change legal advocates are pointing to wildfires in Los Angeles, hurricanes in the Southeast and a regulation-averse presidential administration as evidence that local prosecutors should begin going after fossil fuel companies with criminal charges — up to and including homicide.
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WEDNESDAY, FEBRUARY 5, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Analysis

Pushing The Envelope In Climate Law: Murder Charges

By Juan-Carlos Rodriguez

Climate change legal advocates are pointing to wildfires in Los Angeles, hurricanes in the Southeast and a regulation-averse presidential administration as evidence that local prosecutors should begin going after fossil fuel companies with criminal charges — up to and including homicide.

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AI Clean Energy Co. SPAC Suit Should Be Zapped, Judge Says

By Katryna Perera

A federal magistrate judge has recommended the dismissal of a derivative shareholder suit accusing the top brass of Stem Inc., an artificial intelligence-driven clean energy company, of making misleading statements leading up to a conflicted merger with a special purpose acquisition company, saying no one should have to "connect the dots" to figure out what is specifically being alleged against them. 

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China Hits US Energy Goods With Retaliatory Tariffs

By Keith Goldberg

China on Tuesday slapped tariffs on U.S. coal, crude oil and liquefied natural gas as part of its retaliation against additional tariffs on Chinese goods imposed by President Donald Trump.

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White House Lacks Authority To Issue NEPA Regs, Judge Says

By Tom Lotshaw

The White House Council on Environmental Quality has no authority to issue binding National Environmental Policy Act regulations, a North Dakota judge has ruled, scrapping challenged regulations the Biden administration had enacted.

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EPA, Interior Leaders Unveil Focus On US Energy Production

By Madeline Lyskawa

The heads of the U.S. Department of the Interior and the U.S. Environmental Protection Agency unveiled plans for their agencies that largely focus on bolstering President Donald Trump's U.S. energy dominance policy. 

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Pearl Energy Closes $999.9M Fund, Tioga Raises $125M

By Jade Martinez-Pogue

Kirkland & Ellis LLP-advised Pearl Energy Investments on Tuesday revealed that it clinched its fourth flagship fund after securing $999.9 million in investor commitments, while Atlanta-based multi-strategy real estate investment firm Tioga Capital closed its fourth fund after raising $125 million in capital commitments.

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Law360 Seeks Members For Its 2025 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

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OIL AND GAS

Calif. Partly Beats Challenge To Climate Disclosure Laws

By Sarah Jarvis

A California federal judge has trimmed a lawsuit brought by the U.S. Chamber of Commerce and other business groups over the state's corporate climate disclosure rules, finding the groups failed to state a claim with respect to two causes of action.

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Shell Workers' 401(k) Suit Gets Class Nod, But No Early Wins

By Grace Elletson

A Texas federal judge awarded class certification to more than 10,000 current and former Shell Oil Co. workers in their suit claiming the energy behemoth mismanaged their $10 billion 401(k) plan, but he declined to grant either side early wins.

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UTILITIES AND POWER

Mich. Supreme Court Says City's Electricity Fee Is Illegal Tax

By Carolyn Muyskens

A franchise fee added to East Lansing, Michigan, residents' energy bills is a disguised tax, the Michigan Supreme Court ruled Monday, saying the fee was used to raise revenue for the city without first being approved by voters.

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Del. Judge Tells Fuel Cell Co. Investors To Filter Imprecise Suit

By Sydney Price

A Delaware federal judge on Tuesday ruled that investors of hydrogen fuel cell company Plug Power Inc. must submit more particular details to support their allegation that shareholders were damaged by the company's failure to disclose production challenges, saying it is not the court's responsibility to filter out evidence.

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RENEWABLES

US, Osage Nation Fight Bid To Stay $4.2M Wind Farm Order

By Crystal Owens

The U.S. government is fighting a bid by Enel Green Power North America to stay a $4.2 million judgment and permanent injunction that requires it to remove 84 wind turbines from the Osage Nation's reservation, arguing that the company is unlikely to prevail in a Tenth Circuit appeal.

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PEOPLE

Veteran Energy Attorney Joins Baker Botts In Austin

By Adrian Cruz

Baker Botts LLP announced Tuesday that an experienced energy attorney who's spent over 30 years working in various government and private practice roles has joined the firm's office in Austin, Texas, as a partner.

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EXPERT ANALYSIS

A Halftime Analysis Of DOJ's Compensation Pilot Program

The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

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The Tides Are Changing For Fair Access Banking Laws

The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

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Imagine The Possibilities Of Openly Autistic Lawyering

Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

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LEGAL INDUSTRY

Senate Confirms Pam Bondi To Be AG

By Courtney Bublé

The U.S. Senate voted 54-46 on Tuesday to confirm Pam Bondi to be attorney general.

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'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons

By Bryan Koenig

A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."

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Trump Selects McKinsey CLO For Commerce Department GC

By Hailey Konnath

President Donald Trump on Monday nominated McKinsey & Co.'s Chief Legal Officer Pierre Gentin to serve as the next general counsel at the U.S. Department of Commerce, according to congressional records.

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Haynes Boone Adds 7-Atty Seward & Kissel Team In NY

By Christine DeRosa

Haynes Boone has grown its fund finance and securitization practices with the addition of seven attorneys from Seward & Kissel LLP, including the head of the firm's asset securitization and CLO practice group.

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Former Conn. US Attorney Returns To McCarter & English

By Christine DeRosa

Vanessa Roberts Avery, who recently stepped down as U.S. attorney for the District of Connecticut, has returned to her roots as a business litigator at McCarter & English LLP in Hartford, Connecticut.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.

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DOJ Criminal Division Leader Joins White & Case's DC Shop

By Jack Rodgers

White & Case LLP announced on Tuesday it was growing its white collar team with the addition of partner Brent Wible, who told Law360 Pulse that it was time for him to step back into private practice following a five-year stint with the U.S. Department of Justice.

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Trump Picks AG Paxton Atty For Homeland Security Dept.

By Catherine Marfin

Texas Attorney General Ken Paxton's special counsel, who is also a former member of President Donald Trump's reelection campaign, has been tapped for the U.S. Department of Homeland Security, Paxton announced Tuesday.

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COMPANIES IN TODAY'S NEWS

Albemarle Corp.

Amazon.com Inc.

American Association for Justice

American Chemistry Council Inc.

American Farm Bureau Federation Inc.

American Petroleum Institute Inc.

Ballard Partners Inc.

Bank of America Corp.

California Chamber of Commerce

Campaign Legal Center

Center for Biological Diversity Inc.

Chevron Corp.

Citadel Securities LLC

Citizens for Responsibility & Ethics in Washington

Credit Suisse Group AG

Earthjustice

Epic Games Inc.

Fordham University

George Washington University

Google LLC

JPMorgan Chase & Co.

JetBlue Airways Corp.

LegitScript LLC

LinkedIn Corp.

Major League Baseball Inc.

McKinsey & Co. Inc.

Microsoft Corp.

National Association of Realtors

National Retail Federation Inc.

Natural Gas Supply Association

Natural Resources Defense Council

NextEra Energy Inc.

Oncor Electric Delivery Co. LLC

Otis Worldwide Corp.

Pearl Energy Investments LP

Pharmaceutical Research & Manufacturers of America

Plug Power, Inc.

Public Citizen Inc.

Rocket Mortgage LLC

SAP AG

Salesforce.com Inc.

Shell PLC

Sierra Club

Space Exploration Technologies Corp.

Spectrum Management Holding Co.

Stem Inc.

Texas Bankers Association

The Geo Group Inc.

The Goldman Sachs Group Inc.

The Kroger Co.

TransUnion LLC

U.S. Chamber of Commerce

Uber Technologies Inc.

United Food & Commercial Workers International Union

United Natural Foods Inc.

Washington Legal Foundation

Zillow Group Inc.

LAW FIRMS IN TODAY'S NEWS

Abood Law Firm

Alioto Law Firm

Arnold & Porter

Baker Botts

Bielli & Klauder

Boies Schiller

Bronstein Gewirtz

Brown Law Firm

Cahill Gordon

Clement & Murphy

Coffin Renner

Cooper & Kirk

Covington & Burling

Cummings & Lockwood

DLA Piper

Debevoise & Plimpton

Dechert LLP

Farnan LLP

Foster Swift

Freshfields

Friedlander & Gorris

Gibson Dunn

Goodwin Procter

Haynes Boone

Hogan Lovells

Holtzman Vogel

Jones Day

Jones Granger

Kessler Topaz

Kickham Hanley

Kirkland & Ellis

Kramer Levin

Latham & Watkins

Law Offices of Lawrence G. Papale

Mayer Brown

McCarter & English

McDermott Will & Emery

Modrall Sperling

Norman Wohlgemuth

Norton Rose

Orrick Herrington

Patterson Earnhart

Quinn Emanuel

Richards Layton

Robbins Geller

Schlichter Bogard

Seward & Kissel

Sullivan & Cromwell

Troutman

Veen Firm

Vinson & Elkins

White & Case

Young Conaway

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Air Resources Board

Consumer Financial Protection Bureau

Council on Environmental Quality

Equal Employment Opportunity Commission

Executive Office of the President

Federal Communications Commission

Federal Election Commission

Federal Energy Regulatory Commission

Federal Reserve System

Federal Trade Commission

Financial Crimes Enforcement Network

Florida Office of Financial Regulation

Library of Congress

Michigan Supreme Court

National Labor Relations Board

Office of the Comptroller of the Currency

Public Utility Commission of Texas

Texas Supreme Court

U.S. Attorney's Office for the Northern District of Oklahoma

U.S. Court of Appeals for the Second Circuit

U.S. Department of Commerce

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Delaware

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of North Dakota

United States District Court for the Northern District of Oklahoma

World Trade Organization