Energy

  • February 14, 2024

    Shareholders Seek Approval For $7.5M Faraday Future Deal

    Faraday Future Intelligent Electric Inc. investors are asking a California federal judge to certify a settlement class and approve a $7.5 million deal to resolve their claims that the company misled them about its electric vehicle reservations and financial prospects before a go-public special-purpose acquisition company merger.

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    Tesla Fights To Send False EV Mileage Fight To Arbitration

    Tesla urged a California federal judge Tuesday to send to arbitration two proposed class actions alleging that the company falsely advertised inflated mileage ranges for its electric vehicles at the direction of CEO Elon Musk, arguing that the car owners agreed to arbitrate their disputes when they ordered the vehicles.

  • February 13, 2024

    Exxon Investors Urge Judge To Toss SEC 'Proxy Battle'

    The ExxonMobile Corp. investors who backed off plans to call for a shareholder vote on the company's climate change policies now say the company's lawsuit attempting to bar the proposal should be dismissed, arguing the company is only moving forward with the case to indirectly challenge the authority of the U.S. Securities and Exchange Commission.

  • February 13, 2024

    NH Power Plant Says Electricity Deal Is Leaving It Broke

    The operator of a biofuel power plant in New Hampshire received the go-ahead from a Delaware bankruptcy judge Tuesday to keep the lights on for another week while it negotiates over a contract the debtor insists is forcing it to produce electricity for free.

  • February 13, 2024

    Stronger Evidence Needed In Asbestos Case, Panel Says

    A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.

  • February 13, 2024

    Apache Agrees To Pay $4M For Air Pollution Violations

    Apache Corp. reached a deal Tuesday with the federal government and New Mexico to pay $4 million in civil penalties over allegations the company failed to capture and control air emissions from its oil and gas production operations.

  • February 13, 2024

    Hess Loaded 401(k) Plan With Costly Investments, Suit Says

    Energy company Hess Corp. allowed its $903 million employee retirement plan to be filled with expensive and poorly performing investment options, costing workers millions of dollars in retirement savings, according to a proposed class action filed in Texas federal court.

  • February 13, 2024

    Calif. Clean Energy Storage Secures $350M From Blackstone

    Arevon Energy Inc. said Tuesday that it closed on financing for a California renewable energy storage facility, including $350 million from a Blackstone unit in the form of preferred equity, with guidance from three law firms.

  • February 13, 2024

    United Airlines Seeks Exit In 'Sustainable' Fuel Suit

    Passengers can't pursue state fraud claims against United Airlines Inc. over its allegedly deceptive marketing pledge to use "sustainable aviation fuel," the air carrier has told a Maryland federal judge, arguing that federal law preempts such claims.

  • February 13, 2024

    Power Trader Fights $25M Loss Over Winter Storm At 5th Circ.

    A power trader told the Fifth Circuit Monday that a lower court wrongly awarded an electricity seller over $25 million in a contract fight over electricity price-hedging deals that sustained heavy losses during 2021's Winter Storm Uri, arguing that the seller already made a 41,982% return on its power transmission costs.

  • February 13, 2024

    Conn. Agency Loses Sanctions Bid In Worker's Noose Suit

    A Black employee of Connecticut's energy and environmental regulator who claims he found a noose in his workplace in 2018 will not face new sanctions for deleting the alleged photo evidence, a federal judge ruled Tuesday in declining to end the hostile workplace lawsuit midtrial.

  • February 13, 2024

    ConocoPhillips Wins Transfer Of Retirees' 401(k) Suit To Texas

    An Oklahoma federal judge transferred to Texas a proposed class action from ConocoPhillips retirees alleging they lost more than $260 million when the company sunk their investment savings into the stock of a company ConocoPhillips spun off in 2012, given a forum selection clause in the 401(k) plan documents.

  • February 13, 2024

    Enbridge, ExxonMobil Accused Of Monopolizing Oil Transport

    Enbridge and ExxonMobil were hit with an antitrust suit in Illinois federal court Tuesday accusing them of working together to deny others access to crude oil pipelines, pulling the plug on a new way to transport oil from the Chicago area after a company invested $11 million.

  • February 13, 2024

    Biden Offshore Leasing Plan Faces Legal Heat On All Sides

    The Biden administration faces dueling D.C. Circuit challenges from the oil and gas industry and environmental advocates over its scaled-back offshore leasing program for 2024-2029.

  • February 13, 2024

    DC Circ. Again Nixes Challenge To FERC Pipeline Powers

    The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.

  • February 13, 2024

    Ex-FERC Chair Returns To Skadden As Energy Group Head

    James Danly, former Republican Federal Energy Regulatory Commission member and onetime chairman, is returning to Skadden Arps Slate Meagher & Flom LLP as the head of its energy regulatory group, the firm announced Tuesday amid growing private sector demand for energy attorneys in the nation's capital.

  • February 13, 2024

    Energy Group Of The Year: Skadden

    Skadden Arps Slate Meagher & Flom LLP was a strong force in the energy sector in 2023, guiding Duke Energy in the $2.8 billion sale of its renewables subsidiary and aiding Venture Global LNG in the largest liquid natural gas project financing in history at $21.1 billion, earning it a spot among Law360's Practice Groups of the Year.

  • February 13, 2024

    Arizona Lawmakers Sue Feds Over Grand Canyon Monument

    The top Republicans in the Arizona Legislature and the state treasurer are asking a federal court to overturn President Joe Biden's protection of nearly a million acres in northern Arizona, calling his creation of the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument an "unlawful land grab."

  • February 13, 2024

    Elliott Nails 1st Board Seat At Phillips 66 After Prior Demand

    Oil refiner Phillips 66 said Tuesday it has named former Cenovus Energy executive Robert W. Pease to its board, caving to pressure from Elliott Investment Management after the activist investor revealed it bought up a $1 billion stake in the company and was seeking two board seats.

  • February 13, 2024

    Rancher Accuses Biden Admin Of Abusing Antiquities Act

    A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.

  • February 12, 2024

    Bribery Is Not Securities Fraud, FirstEnergy Tells 6th Circ.

    FirstEnergy Corp. is asking the Sixth Circuit to overturn class certification in a case accusing the company of committing securities fraud in connection with a multimillion-dollar bribe made to a convicted politician, arguing that "half-truths" about the company's aging power plants cannot be the basis of class-wide claims.

  • February 12, 2024

    DC Circ. Probes FERC Review Of La. Natural Gas Terminal

    A D.C. Circuit panel on Monday questioned the Federal Energy Regulatory Commission's refusal to formally characterize a Louisiana liquefied natural gas export terminal's contributions to climate change, with one judge indicating that regulators' reluctance to make determinations creates unnecessary challenges in deciding the project's fate.

  • February 12, 2024

    Energizer, Walmart Can't Ditch Battery Pricing Collusion Suits

    Energizer and Walmart cannot escape a trio of class actions accusing the battery manufacturer of giving the big box chain almost complete control over the retail price its batteries are sold for and forbidding other retailers from undercutting them.

  • February 12, 2024

    Generator Co. Brass Accused Of Lying About Finances

    Top executives and board members of Generac, a power generation equipment manufacturer, were hit with a shareholder derivative lawsuit filed in Delaware federal court on Monday, accusing them of lying about the company's financial outlook and the reliability of its products.

Expert Analysis

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Chinese Investment In Latin America Raises Corruption Risks

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    A wave of Chinese investments in Latin America has increased an already elevated risk profile, so U.S. companies that operate in the region would be wise to bolster their compliance programs as more bribery and corruption-related enforcement activity is sure to come, say Drew Costello, Brian Ross and Jordan Basich at Forensic Risk Alliance.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Counterfactual Models: A Key Tool In Energy Price Disputes

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    The Federal Energy Regulatory Commission's recent review of penalties assessed by PJM Interconnection during Winter Storm Elliott is just one example of how estimating the behavior of energy markets in counterfactual scenarios is an essential tool for settling contractual and regulatory disputes, say Kivanç Kirgiz and Manuel Vasconcelos at Cornerstone Research, and independent consultant Roy Shanker.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Generator, Utility Challenges After FERC Connection Revamp

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    The Federal Energy Regulatory Commission's recently issued Order No. 2023 requires major changes to the process by which power generators connect to transmission providers, and while it should help better integrate new renewable energy sources, many generators and utilities will face challenges during the transition, say Eric Runge and Margaret Czepiel at Day Pitney.

  • Pending 6th Circ. Ruling Has Broad Class Action Implications

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    If the Sixth Circuit decides in FirstEnergy Corp. Securities Litigation to treat alleged half-truths as omissions for the purposes of class certification, public companies would be exposed to near-automatic class certification in nearly every securities case and would face steeper evidentiary hurdles at the merits stages, say attorneys at Willkie.

  • 5 Compliance Mistakes To Avoid When Entering A New Market

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    As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.

  • Mitigating Risk In US Liquefied Natural Gas Contracts

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    Recent increases in demand for liquefied natural gas in both European and Asian markets will present logistical, economic and legal challenges for suppliers, which will need to mitigate risks posed by both short-term and long-term contracts, says C. Thomas Kruse at Arnold & Porter.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Investors Should Prepare For Possible EU Energy Treaty Exit

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    Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.

  • Ruling Affirms Drillers' Right To Choose Methods In Colo.

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    In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

  • If Justices End Chevron Deference, Auer Could Be Next Target

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    If the U.S. Supreme Court decides next term to overrule its Chevron v. NRDC decision, it may open the door for a similar review of the Auer deference — the principle that a government agency can interpret, through application, ambiguous agency regulations, says Sohan Dasgupta at Taft Stettinius.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • Even Without US, Deep-Sea Mining Rules Likely To Prevail

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    While the U.S. was absent from the International Seabed Authority's recent meeting in Jamaica, and has not ratified the United Nations Convention on the Law of the Sea, it seems increasingly clear that the ISA's forthcoming deep-sea mining regime will become a global framework of reference, say Louise Woods and Elena Guillet at V&E.

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