Energy

  • March 18, 2024

    GOP Rep. Calls For Crackdown On EV Threats From China

    Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.

  • March 18, 2024

    Feds Try To Shake Off Youths' Constitutional Climate Suit

    The government has asked a California federal judge to dismiss a group of children's lawsuit alleging the Constitution guarantees "a life-sustaining climate system" and the U.S. Environmental Protection Agency allows unsafe levels of climate pollution.

  • March 18, 2024

    Feds Call $45B Nuclear Deal Appeal Moot After New Award

    The federal government pressed the Federal Circuit to dismiss a contractor's appeal over registration issues with a $45 billion nuclear waste cleanup contract, arguing Monday the appeal was moot following the U.S. Department of Energy's reissuance of the deal.

  • March 18, 2024

    Energy Co. Exec Cops To $5.5M Commodity Kickback Scheme

    A former president of a Texas energy company has pled guilty to fraudulently trading natural gas futures contracts and receiving $5.5 million in illegal kickbacks for the associated trades, the U.S. Department of Justice has said.

  • March 18, 2024

    Ex-SF Utilities Head Gets 4 Years For Bribery Conviction

    A California federal judge sentenced the former head of San Francisco's Public Utilities Commission on Monday to four years in prison for his multicount bribery conviction, saying he deserves time in custody for betraying the public trust and making a "mockery" of public office.

  • March 18, 2024

    Colo. Wildfire Plaintiffs Say Xcel Trial Plan Would Sow 'Chaos'

    Nearly 4,000 Colorado property owners suing Xcel Energy over a 2021 wildfire have argued that the utility's proposal to try all of their liability claims together would create a "chaotic and expensive mess" and potentially result in "serial juries" awarding different damages later on.

  • March 18, 2024

    SunZia Argues Suit Over Power Line Project Filed Far Too Late

    The developer of the proposed SunZia Southwest Transmission Project is asking an Arizona federal court to dismiss claims that the U.S. Department of the Interior failed to take a proper look at historic properties and cultural resources that the 550-mile power line might affect, arguing that the allegations are time-barred.

  • March 18, 2024

    Electric Battery Maker Says Mich. Officials Impeding $2B Plant

    Gotion Inc. accused a Michigan township of going back on its promise to help the electric vehicle battery manufacturer get governmental approvals to build a components plant in which it plans to invest over $2 billion.

  • March 18, 2024

    Latham-Led Talos Sells Carbon Capture Co. In $148M Deal

    Talos Energy, represented by Latham & Watkins LLP, announced Monday it sold its entire carbon capture and sequestration business to a U.S.-based subsidiary of French multinational TotalEnergies for $148 million, citing plans to use the proceeds for loan repayment and general corporate purposes.

  • March 18, 2024

    Home Solar Co.'s Ex-CEO Wants Out Of Faulty-Panel Suit

    The CEO of a bankrupt solar company asked a Michigan federal judge on Monday to toss a lawsuit from a couple who purchased a solar system they claim was defective, saying having a "distinctive leadership style" does not make him an alter ego for the company.

  • March 18, 2024

    Can EPA Shut Down State Air Plans? The Battle Isn't Over

    The D.C. Circuit reversed some U.S. Environmental Protection Agency vetoes of state air quality plans that gave power plants and other facilities a break when they exceed air emissions limits when they're starting up, shutting down or malfunctioning, but the court's decision wasn't a complete loss for the EPA and opened avenues for new litigation.

  • March 18, 2024

    NextEra Moves For Victory In Texas Power Grid Law Row

    NextEra units want a Texas federal court to invalidate a state law reserving new power line development for incumbent transmission companies after the Lone Star State failed in its bid to overturn a Fifth Circuit opinion finding the measure unconstitutional.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Energy Dept. Says Alaska LNG Review Passes Legal Muster

    The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.

  • March 15, 2024

    5th Circ. Blocks SEC Climate Reporting Regulations, For Now

    The Fifth Circuit on Friday temporarily blocked the implementation of the U.S. Securities and Exchange Commission's new emissions reporting requirements, issuing an administrative stay in a challenge brought by oil and gas company Liberty Energy Inc.

  • March 15, 2024

    Alaska, Cos. Hit Feds With $700B Pebble Mine Takings Suits

    The state of Alaska and a company behind the controversial Pebble Mine construction project filed separate takings lawsuits against the federal government in the U.S. Court of Federal Claims on Thursday, seeking more than $700 billion in damages for blocking development of the area that's home to important fisheries.

  • March 15, 2024

    Conservationists Seek Block Of Refuge Power Line Deal

    Conservation groups are asking a Wisconsin federal judge to stop the U.S. Fish and Wildlife Service from executing a land swap that would let power companies run the Cardinal-Hickory Creek high-voltage transmission line across the Upper Mississippi River National Wildlife and Fish Refuge.

  • March 15, 2024

    DC Circ. Presses FERC On Justification For Pipeline Expansion

    A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.

  • March 15, 2024

    Fed. Circ. Says Tube-Mac Execs Co-Invented Gas Tank Patent

    The Federal Circuit ruled Friday that two executives of pipe company Tube-Mac Industries Inc. significantly contributed to the invention of a road trailer for transporting liquefied natural gas, upholding a lower court's finding that they must be credited as co-inventors on the patent.

  • March 15, 2024

    SolarEdge Hit With Derivative Suit Over 2023 Earnings Miss

    Current and former executives and directors of equipment maker SolarEdge Technologies Inc. face an investor's derivative suit in Manhattan federal court alleging they concealed distributor order cancelations and other developments that would ultimately result in a low quarterly revenue outcome.

  • March 15, 2024

    Eletson Creditors Urge Cutting Most Of Reed Smith's Fee Bid

    Eletson Holdings Inc.'s unsecured creditors told a New York bankruptcy judge to cut the "vast majority" of the fees Reed Smith LLP requested for its work on the tanker company's Chapter 11 case because the firm wants nearly $1.9 million for work that didn't help the estate.

  • March 15, 2024

    Colo. Landowners File Fifth Oil Royalty Case After Dismissals

    A group of oil and gas lessors are hoping the fifth time will be the charm for their proposed class action in Colorado federal court against a pair of energy companies, after the Tenth Circuit gave them a window to refile claims dismissed four previous times. 

  • March 15, 2024

    GE Reaches Settlement Deal In Ex-Workers' Severance Fight

    General Electric Co. told a Kansas federal court it has reached a deal to resolve a federal benefits lawsuit from two former wind farm workers who alleged they were shortchanged on severance, a settlement coming after the energy giant lost a motion to dismiss the case in December.

  • March 15, 2024

    Canadian Miner Seeks $200M In Arbitration Against Mexico

    A Canadian mining company plans to submit a claim for arbitration against Mexico over $200 million in alleged damages related to a precious metals deposit, saying the country has breached the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Expert Analysis

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Takeaways From EPA's New Methane Emission Rules

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    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

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    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • FERC's Updated Settlement Policy Comes With Risks For Cos.

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    The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

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    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Caremark 2.0 Lends Shareholders Agency Against Polluters

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    The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.

  • Wildfire Challenges For Utility Investors: Regs And Financing

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    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Wildfire Challenges For Utility Investors: Liability Theories

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    The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Webpages Must Meet Accessibility Standard To Be Prior Art

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    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

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