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January 22, 2024
Feds, States To Split Argument Time For EPA Smog Plan
The U.S. Supreme Court agreed on Monday to split the argument time in four related cases challenging whether the U.S. Environmental Protection Agency can implement a plan to reduce cross-state pollution, giving the U.S. solicitor general's office 20 minutes to argue on behalf of the EPA.
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January 22, 2024
Crypto Software Developer Terraform Files For Ch. 11
Open-source cryptocurrency software developer Terraform Labs filed for Chapter 11 in Delaware, saying it intends to continue operating as it deals with ongoing regulatory litigation brought by the U.S. Securities and Exchange Commission.
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January 19, 2024
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 19, 2024
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.
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January 20, 2024
Treasury Targeting Year's End For 2nd Round Of Green Credits
The U.S. Treasury Department is targeting the end of 2024 to wrap up the second round of applications from manufacturers seeking investment tax credit allocations for new or refurbished factories that largely support the green economy, a department official said.
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January 19, 2024
Lima Takes Dispute Over Arbitrator Complaint To DC Circ.
Peru's capital city of Lima is appealing a D.C. federal judge's order directing the city to turn over a criminal complaint it filed against arbitrators adjudicating claims against it related to a highway project and concession contract, maintaining that the judge issued the order before considering the city's immunity defenses.
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January 19, 2024
Convertible Bonds Gain Momentum Amid Elevated Rates
Convertible bonds are picking up speed as a corporate funding tool in early 2024, bolstered by stronger stock performances and pressing refinancing needs, factors that experts say can make these hybrid instruments appealing to companies navigating a costlier interest rate environment.
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January 19, 2024
Feds To Turn To 9th Circ. To Swat Down Kids' Climate Suit
The federal government told an Oregon federal judge it plans to ask the Ninth Circuit to strike down her recent decision greenlighting an amended climate lawsuit filed by young people over the role of harmful fossil fuel energy policies in worsening the climate crisis.
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January 19, 2024
Bracewell Gets Ex-Deloitte, Alliantgroup Atty For Its Tax Group
Bracewell LLP has added an attorney with prior in-house experience at Deloitte and Alliantgroup as a partner in Houston to help bolster its efforts assisting clients in qualifying for and monetizing energy tax incentives, the global firm said in an announcement Thursday.
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January 19, 2024
Ariz. Tribes Say Power Line Project OK Imperils Sacred Areas
A coalition of Arizona tribes and conservationists has sued the U.S. Department of the Interior over its approval of a major power transmission line project running through the state, claiming it failed to conduct a legally adequate inventory of historic properties and cultural resources that would be affected.
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January 19, 2024
King & Spalding Adds Bechtel Energy In-House Atty In Texas
King & Spalding LLP has grown its Houston roster with a partner who boasts decades of experience as an in-house lawyer for energy companies including Bechtel Energy, Chevron and Halliburton.
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January 19, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen a bankrupt English local council bring a construction claim against property maintenance company Axis, a Cypriot cheese trade protection body appeal a UK IPO decision granting trademark registration for "Grilloumi" and employees of supermarket giant Morrison’s shop around for compensation in a claim over equal pay. Here, Law360 looks at these and other new claims in the U.K.
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January 18, 2024
Biz, Insurer Settle $10.5M Military School Construction Dispute
A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.
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January 18, 2024
SD Sioux Tribe Vying For FCC Universal Service Recognition
The Cheyenne River Sioux Tribe is asking the Federal Communications Commission to certify its telephone authority as an Eligible Telecommunications Carrier, saying the agency had no reason four years ago to dismiss its petition, which would have made it eligible for federal funding.
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January 18, 2024
Dems Say DAPL Review Falling Short For Climate, Tribes
More than 30 Democratic lawmakers wrote to the U.S. Army Corps of Engineers on Thursday to express concerns about tribal consultation and the climate analysis for a draft environmental impact statement for the Dakota Access Pipeline, saying the draft seems to shortchange and neglect environmental review requirements.
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January 18, 2024
Green Group Backs Mich. In Pipeline Challenge Venue Spat
An environmental policy and law center is backing the Michigan attorney general in her appeal of Enbridge Energy's removal to federal court of a state lawsuit seeking to shut down a pipeline that crosses through the state's water, saying it undermines the role of states to protect their interest in natural resources.
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January 18, 2024
Grid Planning Policy Overhaul Is Imminent, FERC Chair Says
As the Federal Energy Regulatory Commission begins 2024, its chairman said the agency's long-awaited overhaul of how major electric transmission projects are planned and paid for is nearing the finish line.
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January 18, 2024
More New Yorkers Jump Into Congestion Pricing Fray
Another group of New Yorkers, including several city councilmembers, have joined the legal battle to halt congestion pricing, alleging in a new federal lawsuit Thursday that New York City's plan to charge all drivers a fee to enter midtown Manhattan would harm local businesses and exacerbate health risks for vulnerable residents.
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January 18, 2024
US Sanctions Emirati Shipper For Oil Price Cap Violations
The U.S. Department of the Treasury on Thursday sanctioned a United Arab Emirates-based owner of a ship that transported Russian crude oil above a $60 per barrel price cap, marking the department's first oil price cap enforcement action of the new year.
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January 18, 2024
Judge Denies Bid To Halt 'Cop City' Over Pollution Claims
A Georgia federal judge is refusing to block Atlanta's construction of a controversial law enforcement training facility dubbed "Cop City" over claims it's polluting a local stream, holding that the city has put forward enough evidence for now to suggest it is complying with permit terms.
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January 17, 2024
Construction Co. To Pay $2.3M Over Solar Farm CWA Claims
Swinerton Builders will pay $2.3 million to settle claims it breached the Clean Water Act and the environmental protection laws of Illinois and Alabama when it illegally expelled stormwater into waterways while constructing renewable energy project sites throughout the U.S. over five years, the U.S. Department of Justice announced Wednesday.
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January 17, 2024
DOJ Asks 4th Circ. For Another Shot After Bid-Rigging Flip
The U.S. Department of Justice has asked the Fourth Circuit to reconsider a panel's ruling that overturned a former Contech executive's bid-rigging conviction, saying the panel was wrong to focus on a supplier relationship between Contech and a competing contractor.
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January 17, 2024
Brazilian Co. Seeks $73M Award Chinese Co. Wants Tossed
A Brazilian renewable energy company is asking a New York federal court to confirm a $73 million arbitral award it won against a Chinese company in a solar panel supply dispute, a month after the Chinese company moved to have the award vacated.
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January 17, 2024
Broadband Groups Want Fewer Historic Preservation Hurdles
The Advisory Council on Historic Preservation has made it easier to get historical preservation checks done for telecommunications projects on federal lands, but two telecom trade groups say it's time to extend that flexibility to any broadband projects that use federal funds.
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January 17, 2024
Foley Hoag Attys Scolded For Delay In Peruvian Highway Case
Foley Hoag attorneys representing the city of Lima, Peru, cannot delay proceedings in an arbitration enforcement case, a D.C. federal judge has ruled, chastising the attorneys for failing to resolve the issue underlying the requested pause weeks ago.
Expert Analysis
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Environmental Diligence Is Crucial When Buying Biofuel Cos.
As momentum for mergers and acquisitions transactions within the biofuels industry continues to grow, potential buyers must not neglect proper diligence and thoughtful negotiation regarding environmental attributes generated in connection with the target's products and production process, says Victoria Sitz at Husch Blackwell.
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What An ICJ Climate Opinion Could Mean For Gov'ts, Cos.
The United Nations General Assembly's recent request to the International Court of Justice for an advisory opinion on states' climate obligations could result in either a conservative finding that merely restates existing international law commitments, or a comprehensive regime with major implications for governments and businesses, say attorneys at Curtis Mallet-Prevost.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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G7 Russia Restrictions May Further Complicate Compliance
New sanctions and export controls announced at the G7 summit targeting parties that help Russia circumvent existing restrictions signal continued multilateral commitment to intensifying economic pressure on Russia, and underscore the increasing compliance challenges for companies that pursue Russia-related opportunities, say attorneys at Ropes & Gray.
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Assessing The Reach Of 9th Circuit's Natural Gas Ruling
The Ninth Circuit's recent decision in California Restaurant Association v. Berkeley, affirming that the Energy Policy and Conservation Act preempts certain state and local natural gas bans, may chill other efforts to limit usage of natural gas and raises important questions for utility companies, natural gas consumers and policymakers to consider, say attorneys at Greenberg Traurig.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Opinion
Mexican Law Amendment Could Stifle Mining Activity
A recent amendment to Mexico's mining law endorses a series of drastic changes, including reduction of the duration of mining concessions and establishment of a public bidding process, which could result in costly burdens for both domestic and foreign investors, say attorneys at King & Spalding.
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Justices Curb Fraud Theories, But That May Not Deter Feds
The U.S. Supreme Court’s opinions last week in Ciminelli v. U.S. and Percoco v. U.S. are the latest in a line of rulings aiming to limit the wire fraud statute’s application to state public corruption cases, but federal prosecutors will probably continue pursuing such cases using different charging language and other laws, says Alison Anderson at Boies Schiller.
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The Nuts And Bolts Of IRS Domestic Content Tax Credit
Recent IRS guidance provides specifics on how renewable energy projects can qualify for bonus tax credits by meeting U.S. domestic content rules, but also creates a qualification framework that will be complicated for project developers to navigate, say Scott Cockerham and Wolfram Pohl at Orrick.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Polarized ESG Debate Badly Serves The Public, Corporations
The debate over ESG is rife with maximalist positions and a lack of clarity, distracting companies and the public from the fundamental risks and opportunities at the heart of the movement, say Emily Leitch at Shearman and Evan Slavitt at Paper Excellence.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Guidance Adds Clarity To Energy Communities Bonus Credits
Recent IRS guidance on the Inflation Reduction Act's changes to tax credits for renewable energy projects offers much-needed pointers for developers and financing parties, and should allow them to more comfortably incorporate special bonus credits for projects in energy communities into their transactions, say Jorge Medina and Ira Aghai at Shearman.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.