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Energy
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April 03, 2024
Gov't Says Alaska Gold Mine Approvals Should Stand
The U.S. government is defending its approvals for a large open-pit gold mine along the Kuskokwim River in southwest Alaska, telling a federal judge a half dozen tribes challenging them fail to show that agencies did not take the required "hard look" at project impacts.
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April 03, 2024
Top 10 Deals Of Q1 Led By GE Energy Spinoff, Capital One
It may be wishful thinking to imagine that earlier hopes for a major rebound in 2024 mergers and acquisitions activity will pan out, but by many indications the year was at least off to a better start than 2023.
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April 03, 2024
Oil Company Says Judge's Recusal Not Needed In Cartel Suits
Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.
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April 03, 2024
Akin Adds Former Hunton Energy Leader In Houston
Akin Gump Strauss Hauer & Feld LLP announced Wednesday that it has bulked up its Houston roster with a partner who previously led the energy transactions practice at Hunton Andrews Kurth LLP.
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April 02, 2024
Gas Tycoon Owes $100M To UBS, Lenders After Trial Loss
Energy titan Charif Souki owes more than $100 million to lenders, including a fund managed by a UBS division, a U.S. bankruptcy judge has ruled, rejecting Souki's claims that his lenders recklessly sold off collateral posted for the loan, including a luxury yacht, a Colorado ranch and shares of his liquefied natural gas export business Tellurian Inc.
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April 02, 2024
3rd Circ. Preview: Black Lung, Back Pay On Tap In April
The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.
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April 02, 2024
Utility Cos. Must Face Uri MDL Gross Negligence Claims
Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.
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April 02, 2024
Tesla Pushed On La. Antitrust Claims In 5th Circ.
Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.
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April 02, 2024
Insurer Sues For Oxbow Director Legal Fees In Crestview Suit
An insurer for two former Oxbow Carbon LLC directors sued the company in Delaware's Court of Chancery on Monday seeking recovery of millions paid to defend the pair in a long-running battle dating to 2016 over investor efforts to force a sale of the multifaceted energy company.
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April 02, 2024
4 Mass. Rulings You May Have Missed In March
A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.
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April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule
The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
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April 02, 2024
Adams And Reese Can't Use Free Speech Law To Avoid Suit
In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.
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April 02, 2024
Former Trump EPA Leader Joins Holland & Hart In DC
Holland & Hart LLP has added the leader of the U.S. Environmental Protection Agency under the Trump administration to its Washington, D.C., office as part of the firm's strategic growth in the country's capital.
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April 02, 2024
3 Firms Guide Safety Testing Group UL's Estimated $770M IPO
Safety science company UL Solutions Inc. on Tuesday unveiled a price range for an estimated $770 million initial public offering under the guidance of three law firms, marking the third company to launch IPO plans this week.
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April 02, 2024
Another Judge Says Feds Overstepped With GHG Rule
A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.
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April 02, 2024
20 Republican-Led States Urge Justices To Ax Climate Suits
A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.
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April 02, 2024
Latham-Led SLB To Buy ChampionX In $7.8B All-Stock Deal
Energy-focused global technology company SLB and chemistry solutions provider ChampionX Corp. said Tuesday they have agreed for SLB to purchase ChampionX in an all-stock transaction worth nearly $7.8 billion.
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April 01, 2024
Intel Hid Chip Production Delays From Investors, 9th Circ. Told
Intel investors urged the Ninth Circuit on Monday to revive a proposed class action alleging that the tech giant hid problems with the production of its highly anticipated new computer processors, arguing that Intel repeatedly assured investors that production was "on track," even when Intel management allegedly knew Intel wouldn't meet certain deadlines.
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April 01, 2024
Chinese Investment Fund Looks To Enforce $4.4M Award
A Chinese investment fund has asked a California federal court to enforce a $4.4 million arbitral award against a businessman, saying he reneged on his promise to acquire a stake in an energy management company and now won't appear before an arbitration tribunal.
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April 01, 2024
States Want Justices To Send Ozone Fight Back To 10th Circ.
Oklahoma, Utah and a coalition of industry groups are asking the U.S. Supreme Court to declare that their fight over compliance with federal ozone standards belongs in the Tenth Circuit, not the D.C. Circuit.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
Shell Ordered To Hand Over Docs In Conn. Climate Dispute
Shell Oil Co. must hand over several documents by the end of April in litigation concerning the company's alleged failure to take into account climate change risks at a fuel storage facility in New Haven, Connecticut, a federal magistrate judge has ruled in an attempt to end the parties' long-running discovery dispute.
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April 01, 2024
Tribe, Allies Defend Standing To Fight Corps' Fish Farm Permit
The Army Corps of Engineers is trying to "muddy the water" to fend off a challenge to a nationwide permit opening ocean waters to aquaculture operations, failing to justify why the permit shouldn't be scrapped, the Quinault Indian Nation and nonprofit allies have told a Washington federal judge.
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April 01, 2024
BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings
BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.
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April 01, 2024
AIG Unit Can't Toss Conn. Utility's $3M Defense Cost Bid
An AIG unit can't escape the Connecticut Municipal Electric Energy Cooperative's third-party suit seeking to recoup $3 million in legal expenses, a Connecticut federal court ruled, saying the cooperative has standing to pursue coverage on behalf of its former CEO who was convicted of stealing public funds.
Expert Analysis
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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New Texas Funds For Water And Power Projects: Key Points
Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Property Owner Considerations Around Electric Vehicle Bans
In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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IRA Monetization Energizes Clean Power Tax Credit Market
Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Business Takeaways From Biden's Global Labor Rights Memo
President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.
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Superfund Site Reopenings Carry Insured Risk, Opportunity
The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.