Energy

  • June 24, 2022

    Mining Project On Sacred Apache Land Lawful, 9th Circ. Says

    Plans to tap nearly 2 trillion tons of copper ore on federal land in Arizona may proceed, after the Ninth Circuit ruled Friday that the mining project does not violate a local Apache group's religious liberty despite preventing its members from accessing a sacred site in the area.

  • June 24, 2022

    Duke Energy $59M Contract Dispute Slimmed, Heads To Trial

    A federal judge on Friday said a dispute over terms of a soured $59 million contract between Duke Energy Corp. and a competitor in the Carolinas must go to trial, holding that the suit requires a careful evaluation of the facts.

  • June 24, 2022

    Bank Groups Worry ESG Proposals Are 'Anything But Neutral'

    A coalition of national and state banker groups is pushing back on efforts by Biden administration financial regulators to develop climate risk guidance and other ESG-minded rules, warning of potentially "acute, widespread and anything but neutral" effects, and consequences for banks' ability to serve customers.

  • June 24, 2022

    Pa. Coal Co. Settles Sierra Club's Water Warming Lawsuit

    The Sierra Club and GenOn Power Midwest have reached an agreement to end litigation over a now-shuttered coal-fired facility in Pittsburgh, a deal that sees the environmental group collecting $140,000 from the company to cover its legal bills, according to a settlement filed Friday

  • June 24, 2022

    NJ Panel Sends $75M LNG Dock Contract Tiff To Arbitration

    The operator of a private port in New Jersey has to arbitrate its dispute with a contractor over slowdowns on a construction project, a state appellate panel said Friday, upending a lower court decision that would have allowed the lawsuit to move forward.

  • June 24, 2022

    Attys Seek $66M Fee In $160M Capacitor Maker Antitrust Deal

    Attorneys for a class of direct purchasers of capacitors asked a California federal court Thursday to approve $66 million in fees as a part of a proposed settlement in which Nippon Chemi-Con and its U.S. subsidiary would pay $160 million to end antitrust claims.

  • June 24, 2022

    Modernized Energy Charter Treaty Would Nix Intra-EU Claims

    A final agreement has been reached on the modernization of the Energy Charter Treaty that would immediately bar European investors from filing investor-state claims against EU member states, according to a Friday announcement.

  • June 24, 2022

    DOI Aims To Ease Offshore Wind-Fishing Industry Tensions

    The U.S. Department of the Interior has issued guidelines to lessen the impacts of offshore wind development on commercial and recreational fishing, but fishing industry groups say the guidance is toothless without mandates for project developers.

  • June 24, 2022

    Gov't Gets 30 More Days To Review China Tariff Comments

    The U.S. Court of International Trade has given the federal government an extra 30 days to review scores of public comments regarding tariffs on billions of dollars worth of Chinese goods in the wake of a ruling that officials failed to assess that feedback before imposing the levies.

  • June 24, 2022

    2 Firms Guide ESG-Focused Blank-Check Firm's $200M IPO

    SK Growth Opportunities Corp., an ESG-focused special-purpose acquisition company, began trading Friday after it priced a $200 million initial public offering advised by Kirkland & Ellis LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.

  • June 24, 2022

    DC Circ. Allows Groups To Defend EPA Turbine Standards

    The D.C. Circuit on Friday permitted three environmental groups to defend the EPA's decision to lift a nearly two-decade-long pause on hazardous air pollutant standards governing certain stationary combustion turbines, a move challenged by Williams Cos. and TransCanada Pipeline.

  • June 24, 2022

    Texas Justices Clarify Eminent Domain Counterclaim Rules

    The Texas Supreme Court on Friday ruled that defendants in eminent domain lawsuits can't transfer a suit from a county court to a state district court simply by filing hefty jurisdiction counterclaims, finding that county courts have long maintained power in that area.

  • June 24, 2022

    AIG Settles Fight With Colonial Pipeline Over $67M Gas Leak

    AIG Specialty Insurance Co. and Colonial Pipeline Co. have settled their dispute in the Northern District of Georgia in relation to a $67 million gas pipeline leak, following a mixed bag ruling at the summary judgment stage.

  • June 24, 2022

    Vinson & Elkins Names 3 Int'l Dispute Resolution Heads

    Vinson & Elkins LLP announced Friday it has named three new leaders in its international arbitration practice based in Europe, the Americas, the Middle East and North Africa, reflecting the internationalization of the practice.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    House Panel Advances Data Privacy Bill, With Changes Ahead

    The House's consumer protection subcommittee voted Thursday to move a bipartisan data privacy bill to the full Energy and Commerce Committee, although key lawmakers promised to further "refine" the proposal to resolve two long-standing issues that have derailed previous efforts. 

  • June 23, 2022

    Tribunal's Decision On Intra-EU Pacts Could Start Trend

    An investor-state tribunal has held for the first time that arbitration between EU member states and the bloc's investors cannot proceed because an underlying arbitration clause violates EU law, and while the issue remains controversial, some experts believe other tribunals could soon follow suit.

  • June 23, 2022

    Trecora Investor Sues In Del. To Probe $247M Balmoral Merger

    A stockholder of Trecora Resources has sued in Delaware for corporate records, seeking to investigate private equity firm Balmoral Funds LLC's plans to acquire the Texas-based petrochemical products manufacturer in a $247 million tender offer set to expire on Friday at midnight.

  • June 23, 2022

    $1.7M Air Cargo Dispute Must Be Arbitrated, Court Rules

    A New York federal judge ruled Thursday that a $1.7 million air cargo transport dispute between logistics company Kuehne + Nagel Inc. and Baker Hughes Co. must be arbitrated, saying the matter fell within the scope of the companies' arbitration agreement.

  • June 23, 2022

    White House, East Coast States Work To Boost Offshore Wind

    The Biden administration on Thursday announced a partnership with 11 East Coast governors to work through manufacturing, supply-chain and labor logistics in an effort to use offshore wind energy to power 10 million homes in the United States by 2030.

  • June 23, 2022

    Deals Rumor Mill: Tianqi, Toshiba, Kohl's

    Chinese lithium producer Tianqi is eyeing a Hong Kong initial public offering of more than $1 billion, Japanese conglomerate Toshiba could be acquired for $22 billion, and a suitor for Kohl's Inc. wants to keep the retailer's CEO on board. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • June 23, 2022

    Gibson Dunn, Foley Rep $500M Investment In Solar Power Biz

    Guided by Gibson Dunn & Crutcher LLP, utility-scale solar power and storage business Pine Gate Renewables said Thursday it landed a total of $500 million from infrastructure investment group and Foley & Lardner LLP-advised Generate Capital.

  • June 23, 2022

    11th Circ. Says Tampa Electric Didn't Violate OSHA Guidelines

    Tampa's electric utility can't be held liable for Occupational Safety and Health Administration violations after its workers didn't wear masks while responding to an ammonia leak at a power plant, the Eleventh Circuit has determined.

  • June 23, 2022

    Ga. Mine Sues Army Corps For Yanking Water Findings

    A mineral company claims the Biden administration pulled the rug out from under it by rescinding key Clean Water Act determinations for a Georgia surface mine, which could cause years of delays and heavy financial costs.

  • June 23, 2022

    Latham Adds International Arbitration Expert From WilmerHale

    Latham & Watkins LLP has hired a former WilmerHale partner to serve as the global co-chair of its international arbitration practice, the firm announced Thursday.

Expert Analysis

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

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    In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

  • An Early Step Toward Regulation Of Carbon Offset Market

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    A recent convening held by the Commodity Futures Trading Commission highlighted a need for greater transparency in voluntary carbon markets and for standardization of what constitutes a good or high-quality carbon offset, as well as the CFTC's potential role in regulating the market, say Levi McAllister and Pamela Tsang Wu at Morgan Lewis.

  • Awaiting Critical Bankruptcy Decision For Surety Industry

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    The recent oral argument in Argonaut Insurance v. Falcon V offers the Fifth Circuit an opportunity to create a rule for multilateral contracts in bankruptcy and exposed the common misconception that a surety assumes the risk of the principal's nonperformance when it issues a bond, say Lisa Tancredi at Womble Bond and Laura Murphy at Travelers.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • EU Hydrogen Plans: Infrastructure And Regulatory Challenges

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    As interest grows in hydrogen import and distribution infrastructure in the European Union, project developers and potential end users need to evaluate possible midstream bottlenecks, and track the EU's evolving hydrogen regulatory framework, say Dan Feldman and Natalya Pilbeam at Shearman.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • A Look At Finality In Substantially Consummated Ch. 11 Plans

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    The finality of substantially consummated Chapter 11 plans is an indispensable element of the Bankruptcy Code, but stakeholders sometimes attempt to skirt this prohibition by characterizing proposed changes as some from of relief, a reality reflected in the Delaware bankruptcy court's recent Northeast Gas case, say Charles Oellermann and Mark Douglas at Jones Day.

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