Energy

  • May 01, 2024

    Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row

    The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.

  • May 01, 2024

    DC Circ. Torn Over FERC's San Francisco Power Order

    D.C. Circuit judges were undecided as to what Congress intended when it grandfathered certain consumers into a power-carrying agreement between San Francisco and Pacific Gas and Electric Co. in 1992, with the company arguing Wednesday that a recent regulatory order would allow far more consumers into the deal than it was meant for.

  • May 01, 2024

    DLA Piper Adds Ex-Sidley Atty To New Funds Team

    DLA Piper on Tuesday announced another addition to its newly formed stand-alone investment funds group, this time a former Sidley Austin LLP partner focused on advising private funds sponsors.

  • May 01, 2024

    Tax Credit Transfer Regs Show IRS Caution In Rulemaking

    The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.

  • May 01, 2024

    Ex-Edison Energy GC, McDermott Atty Joins Troutman In LA

    Troutman Pepper Hamilton Sanders LLP is expanding its West Coast infrastructure team, announcing Tuesday it is bringing in a McDermott Will & Emery LLP emerging energy technologies expert who was previously general counsel with Edison Energy Group to be a partner in its Los Angeles office.

  • May 01, 2024

    PG&E, KKR In Exclusive Talks For Partial Sale Of Power Biz

    Pacific Gas & Electric Corp. is in exclusive talks with private equity giant KKR to sell a minority interest in its subsidiary, Pacific Generation LLC, to KKR's infrastructure strategy in a deal that would reduce customer rates by more than $100 million over the next two decades.

  • May 01, 2024

    Simpson-Led Mosaic Selling $1.5B Stake In Saudi Mining JV

    Tampa-based fertilizer producer The Mosaic Co. said it has agreed to sell its 25% stake in a phosphate production joint venture to Saudi Arabian mining firm Ma'aden for more than 111 million shares of Ma'aden worth about $1.5 billion. 

  • April 30, 2024

    PolyMet Must Give Up More Info In Mining Land Swap Suit

    A federal judge has declined to sanction a Minnesota mining company in a discovery challenge by the Fond du Lac Band of Lake Superior Chippewa but ordered it to produce certain previously withheld information in the tribe's bid to undo a land swap for copper and nickel mining.

  • April 30, 2024

    Final Biden Enviro Review Regs Puts Onus On Agencies

    The Biden administration on Tuesday finalized its second round of revisions to regulations governing federal agencies' environmental reviews, but how agencies weave the new guidelines into their project permitting processes will be where the regulatory rubber hits the road, experts say.

  • April 30, 2024

    7th Circ. Backs Costco's Win In Gas Price-Matching Feud

    The Seventh Circuit on Tuesday upheld Costco's victory against a dozen Wisconsin gas stations that claimed the warehouse giant sold regular unleaded fuel below a statutory minimum markup price that allegedly caused a decline in revenue, finding no evidence showing that Costco's pricing practices caused the stations a single lost sale.

  • April 30, 2024

    3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost

    The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.

  • April 30, 2024

    FTC Puts $26B Permian Basin Gas Deal Under Scrutiny

    The Federal Trade Commission is taking an in-depth look at the proposed oil and gas merger between Diamondback Energy and Endeavor Energy Resources by issuing a second request for additional information about the deal, according to new securities filings.

  • April 30, 2024

    EPA, Sunoco Reach $2.4M Deal Over Ohio Oil Pipeline Spill

    The U.S. Environmental Protection Agency and the state of Ohio have reached a more than $2.4 million deal with two pipeline companies over the discharge of approximately 450 barrels of crude oil into the Buckeye State's Oak Glen Nature Preserve more than 10 years ago.

  • April 30, 2024

    Pa. Schools Say Railcar Cos. Must Face Derailment Claims

    Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.

  • April 30, 2024

    Customers Can't Get Ill. ComEd Bribery Suit Restored

    An Illinois state appellate panel refused Monday to reinstate a putative class action accusing Commonwealth Edison of fraud in the wake of the utility's admission that it bribed the former Illinois House speaker to secure his support for favorable energy policy, saying the passage of the relevant legislation wasn't directly related to the bribes.

  • April 30, 2024

    EPA Chief Faces House Appropriators Hostile To Agency Regs

    Former Interior Secretary Ryan Zinke grilled U.S. Environmental Protection Agency Administrator Michael Regan at a congressional budget hearing Tuesday, telling him a new coal-fired power plant emissions rule threatens to increase ratepayer costs.

  • April 30, 2024

    DC Circ. Axes Challenges To FERC Gulf Pipeline Approval

    The D.C. Circuit on Tuesday upheld federal energy regulators' approval of a natural gas pipeline project in Louisiana and Mississippi, rejecting arguments from environmentalists that claimed that the certification was the product of a botched environmental review.

  • April 30, 2024

    5th Circ. Backs La. Enviro Dept. In Gas Facility Permit Dispute

    A Fifth Circuit panel upheld the Louisiana Department of Environmental Quality's permitting decision for a liquefied natural gas export facility, rejecting concerns raised by the Sierra Club that the facility's emissions will surpass national ambient air quality standards.

  • April 30, 2024

    IRS Updates Guidance For Clean Jet Fuel Tax Credits

    The Internal Revenue Service released guidance Tuesday that updated an environmental model that manufacturers of a low-carbon alternative to conventional jet fuel, such as ethanol, can use to qualify for a new tax credit and provided a safe harbor for producers to meet the incentive's requirements.

  • April 30, 2024

    Titan Of The Plaintiffs Bar: BLB&G's Jeroen Van Kwawegen

    Were it not for the University of Amsterdam's study abroad program, Netherlands-born Jeroen van Kwawegen might have never moved to the United States. And were it not for a long-distance relationship that got its start in the U.S., van Kwawegen might still be based across the Atlantic.

  • April 29, 2024

    Amazon Files $200M Countersuit Over Solar Projects' Fallout

    Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.

  • April 29, 2024

    9th Circ. Upholds NRC's Exemption For Diablo Canyon Plant

    A Ninth Circuit panel ruled Monday that the U.S. Nuclear Regulatory Commission did not act arbitrarily or capriciously when it allowed Pacific Gas & Electric Co. to belatedly renew its license to continue operating California's last remaining nuclear power plant.

  • April 29, 2024

    Bank Of China Beats Investor Suit Over Oil Derivative Trading

    The Bank of China has beaten a proposed class action alleging it misled investors and mismanaged an oil-linked derivative product, leading to $1.6 billion in losses, with a New York federal judge saying the suit fails to assert specific allegations against each of the defendants and suffers from group pleading, among other things.

  • April 29, 2024

    Herbert Smith Adds Bankruptcy Pro To Thai Disputes Practice

    Herbert Smith Freehills has hired an expert in construction disputes and insolvency and bankruptcy matters as a new partner for its Bangkok office, a move the firm says will strengthen its disputes practice in Thailand's capital.

  • April 29, 2024

    US, Tribes Defend Water Rule Against States', Biz Groups' Suit

    The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Unpacking The Proposed Production Tax Credit Regulations

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    Recently proposed tax regulations for claiming the U.S. clean-energy manufacturers' production credit under Internal Revenue Code Section 45X are less stringent than many had feared but fail to define a fundamental eligibility requirement, say Casey August and Jared Sanders at Morgan Lewis.

  • Opinion

    What Insurers Gain When Litigating Coverage Denials

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    Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • How State AGs Process And Prioritize Consumer Complaints

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    Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.

  • 10 Issues To Watch As ESG Remains Alive And Well In 2024

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    Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Analyzing 1 Year Of Comments On FTC's Green Guides

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    A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

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