Energy

  • February 26, 2024

    SoCal Edison Will Pay 'Record' $80M To End Thomas Fire Suit

    Southern California Edison Co. has agreed to shell out $80 million to resolve a lawsuit in California federal court alleging the utility company caused the 2017 Thomas Fire that scorched large sections of the Los Padres National Forest, the U.S. Department of Justice announced on Monday.

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    Hydroelectric Co. Asks For Pause On Puyallup Dam Order

    A hydroelectric company appealing to the Ninth Circuit is asking a Washington federal judge to stay an order that directed it to remove part of a temporary rock dam on the Puyallup River, saying the order would require it to make changes that are likely to damage its facility.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

  • February 26, 2024

    Feds Urge Kentucky Court To Preserve Highway GHG Rule

    The U.S. Department of Transportation on Friday asked a Kentucky federal judge to toss Republican-led states' challenge to a rule that requires all states to set targets for reducing on-road carbon dioxide emissions.

  • February 26, 2024

    Banks Say Brazil Pollution Suit In NY Is In Wrong Country

    Four leading financial institutions are urging a New York federal judge to throw out a pair of proposed class suits accusing them of enabling environmental degradation in Brazil by lending $17.2 million to Brazilian mining company Vale SA, arguing the claims don't belong in the United States because they are "all about Brazil."

  • February 26, 2024

    Smirnov Loses Bid For Freedom In Biden Bribery Lies Case

    A California federal judge Monday ordered former FBI informant Alexander Smirnov to remain jailed on charges he fabricated reports that President Joe Biden and his son took bribes from a Ukrainian company, saying he takes "no comfort" in Smirnov's promises not to flee given his history of false statements.

  • February 26, 2024

    No Logic To Killing Power Pricing Order, Texas Justices Told

    Allowing the invalidation of a policy that lets Texas' grid operator set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021 would undermine similar policies previously enacted by state utility regulators, the Public Utility Commission of Texas told the state's high court.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Project Finance Group Of The Year: Sullivan & Cromwell

    A $7 billion deal to finance a liquefied natural gas facility in Texas is one of several clean or renewable energy transactions in which Sullivan & Cromwell LLP played a leading role in 2023, earning the firm a spot among Law360's Project Finance Groups of the Year.

  • February 26, 2024

    BP, Chevron Lose 4th Circ. Fight Over Climate Suit Venue

    The Fourth Circuit on Monday rejected the latest attempt by BP, Chevron, ExxonMobil and other oil titans to go to federal court to litigate complaints that accuse them of lying about fossil fuels' climate effects, joining multiple courts in reasoning that the claims don't invoke federal law.

  • February 23, 2024

    Russia Assets Seen As Key To Tipping The Scales For Ukraine

    The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.

  • February 23, 2024

    Smirnov's Attys May Be Trying To Help Him Flee, Judge Says

    A California federal judge indicated Thursday that counsel for Alexander Smirnov, the former FBI informant charged with fabricating reports that President Joe Biden and his son took bribes from a Ukrainian company, are trying to get Smirnov released ahead of trial "likely to facilitate his absconding from the United States."

  • February 23, 2024

    Judge Trims Bulk Of Investor Suit Against Oil, AI Companies

    A California federal judge retained only a small part of an investor suit against artificial intelligence company C3.ai and oil company Baker Hughes, cutting Baker Hughes entirely, and finding only some claims accusing C3.ai and its executives of misleading investors about its financial performance and partnership with the oil company could survive dismissal.

  • February 23, 2024

    Top NC Labor Brass Face Retooled 'Incentive' Policy Suit

    A corrosion control company has retooled its claims that North Carolina labor officials incentivized inspectors to issue workplace safety citations, highlighting in a revised complaint the harm caused by the citations after its 2021 lawsuit was tossed last month for failing to make a stronger connection to its alleged injuries.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Crypto Org, Bitcoin Miner Sue DOE Over Electricity Survey

    A Texas cryptocurrency industry association and a crypto-mining company have sued the U.S. Department of Energy in an attempt to block its plans to solicit mining companies' information about electricity consumption, alleging the department shirked the proper statutory process to collect the data.

  • February 23, 2024

    Oil Biz Gave Wells To Shell Co. To Skip Cleanup, Suit Says

    Oil and gas company HRM Resources has been accused in Colorado state court by landowners of fraudulently transferring roughly 200 oil and gas wells to a shell company that soon turned around and declared bankruptcy in order to dodge cleanup obligations.

  • February 23, 2024

    Conn. Justices OK $2.9M Cut To Power Co.'s Cost Recovery

    Connecticut's highest court on Friday held that state energy regulators properly trimmed a power company's annual cost recovery bid by more than $2.86 million, agreeing with a lower court that it was not arbitrary or capricious to decline to pass the expense to customers.

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 23, 2024

    NH Plant Strikes Deal On Power Purchase Contract

    A bankrupt New Hampshire power plant reached terms on a deal Friday with an entity whose contract to purchase the facility's power was rejected earlier this week, telling a Delaware federal judge the agreement will help quickly transition to a new purchaser and stave off a shutdown of the plant.

  • February 23, 2024

    Groups Back Texas' Bid To Void Feds' Highway GHG Rule

    Construction trade groups have thrown their support behind the state of Texas' federal lawsuit seeking to vacate a new U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • February 23, 2024

    Ex-Vitol Oil Trader Convicted On FCPA Rap

    Former Vitol Oil Group trader Javier Aguilar was convicted Friday of Foreign Corrupt Practices Act and money laundering violations, after nearly two months of trial over claims that he bribed officials in Ecuador and Mexico in order to win $500 million in business deals for the global energy and commodities company.

  • February 23, 2024

    Texas Says EPA Unfairly Changed Ozone Plan Rules

    The state of Texas this week urged the Fifth Circuit to upend the U.S. Environmental Protection Agency's denial of its revised plan to control ozone in the Dallas and Houston metropolitan areas, saying the agency rejected the plan based on standards put in place after it was submitted.

  • February 23, 2024

    Alaska Judge Won't Disturb Oil, Gas Lease Moratorium Order

    An Alaska federal judge rejected bids by the state's development authority to amend or vacate an order upholding a temporary moratorium the Biden administration imposed on an Arctic National Wildlife Refuge Coastal Plain oil and gas program, holding that the case isn't moot after the government canceled its leases.

Expert Analysis

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief

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    In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • What To Expect After Colo. Nixes Special Standing Rules

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    Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.

  • What Texas Business Court Could Mean For Oil, Gas Cases

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    While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • SolarWinds Ushers In New Era Of SEC Cyber Enforcement

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    The U.S. Securities and Exchange Commission's recent lawsuit against software company SolarWinds Corp. and its chief information security officer is the first time the SEC has ever filed suit over scienter-based fraud involving cybersecurity failures, illustrating that both companies and CISOs need to be extra cautious in how they describe their cybersecurity practices, say attorneys at Jenner & Block.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Kentucky Tax Talk: Clash Over Industrial Supplies Exemption

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    Recent legislative testimony in Kentucky may cause another battle over the state's sales tax exemptions for industrial supplies, even though the testimony appears to mischaracterize the impact of a major state court ruling that upheld the exemptions, say attorneys at Frost Brown.

  • A Look At Successful Bid Protests In FY 2023

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    Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.

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