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  • July 18, 2018

    DC Circ. Pauses EPA Heavy-Duty Truck Emissions Rollback

    A divided D.C. Circuit panel put the U.S. Environmental Protection Agency’s recent decision to stop enforcing Obama-era greenhouse gas emissions standards for certain heavy-duty trucks on hold Wednesday, while it mulls an emergency bid by environmental groups to nix the decision.

  • July 18, 2018

    Fed. Circ. Backs $99M WWII Fuel Cleanup Award For Oil Cos.

    The Federal Circuit on Wednesday affirmed a $99.6 million award for a group of oil companies whose contracts to supply high-octane aviation gasoline during World War II were breached by the federal government, saying the Court of Federal Claims' decision awarding the damages was legally sound.

  • July 18, 2018

    US Will Consider Uranium Tariffs Using Security Trade Law

    The U.S. Department of Commerce has opened an investigation into whether imports of uranium pose a threat to national security, the fourth probe the Trump administration has launched under a Cold War-era statute, the department announced Wednesday.

  • July 18, 2018

    A Chat With Gibson Diversity Chief Zakiyyah Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    EPA Finalizes 1st Phase Of Coal Ash Rule Relaxation

    The U.S. Environmental Protection Agency late Tuesday finalized an initial set of revisions to Obama-era regulations that govern coal ash disposal by easing requirements for utilities and other power plant operators, including extending the timeline for closing coal ash ponds and landfills, and allowing regulators to delay the monitoring of groundwater.

  • July 18, 2018

    Former Oil Exec Settles With SEC On $11.7M Offering Fraud

    The former president of AmeraTex Energy Inc. has settled with the U.S. Securities and Exchange Commission in a lawsuit alleging he was part of a $11.7 million offering fraud that purported to sell investors stakes in oil operations in Kentucky.

  • July 18, 2018

    Jones Day Steers Baker Hughes' $375M Nat Gas Unit Sales

    General Electric Co. unit Baker Hughes on Wednesday said it will take in $375 million from separate deals with energy-focused private equity firm First Reserve Corp. and Pietro Fiorentini SpA to shed its natural gas solutions business, with Jones Day guiding the seller.

  • July 17, 2018

    SC Nuke Plant Workers Earn Cert. In WARN Suit

    Five thousand construction and engineering workers who were abruptly fired when the infamous Virgil C. Summer nuclear reactor project crumpled under the weight of its overexpenditures and delays won official class status Tuesday in South Carolina federal court.

  • July 17, 2018

    FERC Chair Denies Reports Of LNG Project Review Delays

    Federal Energy Regulatory Commission Chairman Kevin McIntyre on Tuesday denied published reports that the agency has informed liquefied natural gas developers that they face year-plus delays in FERC's review of their project applications and said FERC is putting the finishing touches on ways to accelerate the LNG review process.

  • July 17, 2018

    Lilis Energy Sues Another Ex-Exec To Get Back Compensation

    Lilis Energy Inc. filed a suit in the Supreme Court of New York on Tuesday to claw back benefits from its former chief operating officer, alleging that the executive purposefully hid from the company his personal financial interest in two of its vendors.

  • July 17, 2018

    Energy Dept. Kicks Off $2B Tribal Loan Guarantee Program

    The U.S. Department of Energy on Tuesday launched a loan guarantee program worth up to $2 billion that is intended to help spur energy development and attract private lending in Native American communities, according to a department statement.

  • July 17, 2018

    Steel Producer Must Pay Fine, Upgrade Emissions Equipment

    The federal government on Tuesday filed a proposed consent decree in Michigan federal court that would require Gerdau Specialty Steel, North America to pay a $325,000 fine and upgrade its facilities in response to inspections that showed its steel mini mill violated Clean Air Act standards.

  • July 17, 2018

    Mo. High Court Orders Redo Of $2.3B Electric Line Review

    The Supreme Court of Missouri on Tuesday said that the state’s public service commission got it wrong when it rejected Grain Belt Express Clean Line LLC’s application to build a $2.3 billion interstate electric transmission line, deciding that the regulatory body incorrectly thought affected counties first needed to consent.

  • July 17, 2018

    House To Vote On Resolution Opposing Carbon Tax

    The U.S. House of Representatives could vote as early as Wednesday on a nonbinding resolution expressing the view that a carbon tax would be harmful to the economy and to American families.

  • July 17, 2018

    Fed. Circ. Backs USPTO Nix Of Cold Fusion Patent Apps

    The Federal Circuit on Tuesday affirmed a Virginia federal judge’s rejection of a suit against the U.S. Patent and Trademark Office by a man who claims to have invented cold fusion, a hypothetical type of room-temperature nuclear reaction that most scientists believe is impossible, finding that the lower court did not err in dismissing his challenge.

  • July 17, 2018

    Pa. PUC Sues Nonprofit Over Unspent Development Funds

    Pennsylvania utility regulators have filed suit against a Philadelphia-area nonprofit seeking to claw back the unspent balance of a $21 million pool of ratepayer funds it says were awarded to the group nearly two decades ago for economic development programs, but have since gone unused.

  • July 17, 2018

    Iran Sues US Over Renewed Sanctions At World Court

    Iran asked the United Nations' International Court of Justice to force the U.S. to roll back trade sanctions, including on oil, imposed after President Donald Trump pulled out of an Obama-era pact meant to curtail Tehran's nuclear ambitions, the court said Tuesday.

  • July 17, 2018

    Sunoco Pans Contractor's $55M Claim For Axed Pipeline Deal

    A Sunoco Inc. unit said Monday in Pennsylvania court it had the legal right to terminate an agreement with a contractor who is now claiming some $55 million worth of damages after seeing its deal to work on a section of the 350-mile Mariner East 2 pipeline in the state suddenly canceled last February.

  • July 17, 2018

    Tatneft Gets OK To Enforce $112M Ukraine Award In England

    A London judge has shut down Ukraine's bid to overturn an order allowing the Russian energy company PAO Tatneft to enforce a $112 million arbitral award against it, rejecting the Eastern European country's arguments that it was immune from suit as a foreign sovereign nation.

  • July 17, 2018

    Enviros Press DC Circ. To Halt EPA Truck Emissions Rollback

    A trio of environmental groups urged the D.C. Circuit on Tuesday to halt the U.S. Environmental Protection Agency’s recent decision to cease enforcing Obama-era greenhouse gas emissions standards for certain heavy-duty trucks outfitted with engines from older trucks, standards the agency plans to repeal.

Expert Analysis

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Lorenzo V. SEC: Will High Court Further Curtail Rule 10b-5?

    Roger Cooper

    In Lorenzo v. U.S. Securities and Exchange Commission, the U.S. Supreme Court will consider whether a misstatement claim that does not meet the elements set forth in the court’s 2011 Janus decision can be repackaged and pursued as a fraudulent scheme claim under Rule 10b-5. A number of possible outcomes present themselves, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Investment Tax Credit Guidance Means Sunny Days For Solar

    Jon Nelsen

    Notice 2018-59, issued last month by the Internal Revenue Service, confirms that standards and safe harbors previously defined for wind energy projects can be used with solar energy projects. Project sponsors can now act with greater certainty in making solar investments, say Jon Nelsen, Michael Didriksen and Peter Farrell of Baker Botts LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • A Path To New York's Energy Storage Goal

    Danielle Mettler-LaFeir

    New York state's recently issued Energy Storage Roadmap identifies the actions and initiatives that can help New York meet its energy storage goal of 1,500 megawatts by 2025. Danielle Mettler-LaFeir of Barclay Damon LLP looks at the road map’s recommendations and the opportunities they create.