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Energy
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February 21, 2024
Pa. Justices Clarify Timing For Oil & Gas Accounting Claims
The Pennsylvania Supreme Court on Wednesday said the statute of limitations for filing accounting claims related to oil and gas royalties is six years, definitively putting a time limit on such claims in a way that had not previously been spelled out.
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February 21, 2024
Judge Suggests EV-Maker Investor Suit Too Vague To Survive
A Colorado federal magistrate judge has recommended the dismissal of a shareholder suit against commercial electric vehicle company Lightning eMotors, finding the shareholders failed to bring specific allegations that the company knowingly misled investors on matters like its production capacity and its business relationship with Amazon.
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February 21, 2024
NH Power Plant Can Reject Electric Purchase Deal In Ch. 11
Bankrupt electricity generating station Burgess Biopower LLC received court approval Wednesday from a Delaware judge to reject a power purchase agreement with a party the debtor claims was withholding payments and creating a financial situation where the station was in danger of shutting down permanently.
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February 21, 2024
5th Circ. Affirms Subrogation Loss In Fieldwood Energy Sale
The Fifth Circuit has ruled that a group of insurers that issued surety bonds to bankrupt Fieldwood Energy in a sale of its assets are not entitled to subrogation rights because the bankruptcy court's order stripping their rights could not be challenged under Section 363 of the Bankruptcy Code, a protection that limits appellate review of an approved sale.
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February 21, 2024
Green Groups Press FERC To Rescind Tenn. Pipeline Approval
Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.
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February 21, 2024
Boies Schiller Hires White & Case Int'l Arbitration Atty In DC
Boies Schiller Flexner LLP announced Wednesday that it has added a longtime White & Case LLP partner to its international arbitration group in Washington, D.C.
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February 20, 2024
Liberal Justices Hint Chevron Deference Hanging By A Thread
In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.
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February 20, 2024
SEC Zeroes In On SolarWinds Exec In Revised Complaint
The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.
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February 20, 2024
Chicago Sues Oil Giants, Alleging Climate Change Deception
The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.
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February 20, 2024
Fond Du Lac Tribe Seeks Sanctions In Mining Land Suit
The Fond du Lac Band of Lake Superior Chippewa Indians has asked a Minnesota federal judge to sanction PolyMet Mining Inc. in the tribe's suit over a land swap for a copper and nickel mine, arguing that the company and its lawyers are obstructing the discovery process.
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February 20, 2024
US Chamber Urges 6th Circ. To Ax FirstEnergy Class Cert.
The U.S. Chamber of Commerce, former U.S. Securities and Exchange Commission officials and others have urged the Sixth Circuit to reverse class certification in a case accusing FirstEnergy Corp. of committing securities fraud in connection with a multimillion-dollar bribe made to a convicted politician.
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February 20, 2024
Tribes, Enviro Orgs Can Join Fight Over Tongass Protections
An Alaska federal judge said a coalition of tribes, conservation groups, fishers and tourism businesses can join litigation to help defend a challenged Biden administration rule that reinstated roadless area protections for some 9 million acres of the vast Tongass National Forest.
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February 20, 2024
5th Circ. Seeks Texas Justices' Input On LNG Permit Fight
The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.
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February 20, 2024
Trivest Can Seek 6th Circ. Review Of RICO Jurisdiction Ruling
A Michigan federal judge will allow a Florida-based private equity firm to appeal a decision denying its bid to escape a Racketeer Influenced and Corrupt Organizations Act lawsuit scrutinizing its funding of a solar company accused of scamming customers.
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February 20, 2024
Solar Co. Preyed On Elderly Prior To DOE Loan Deal, Suit Says
Sunnova Energy International Inc. was hit with a proposed investor class action alleging shareholders were damaged when reports revealed that it routinely engaged in predatory tactics against elderly homeowners before it entered a deal with the U.S. Department of Energy to help disadvantaged communities.
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February 20, 2024
Calif. Must Face Trimmed Suit Over Locomotive Emissions Rule
A California federal judge has trimmed a lawsuit from rail industry groups challenging a new regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, saying some parts aren't in effect yet but others may interfere with federal rules governing railroad operations.
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February 20, 2024
Hess Corp. Oil Refinery Unit Gets OK For Ch. 11 Plan
Oil and gas company Hess Corp.'s bankrupt oil refinery unit HONX Inc. received confirmation of its Chapter 11 reorganization plan that would allow it to pay $105 million to injury claimants who they say were affected by the company's asbestos exposure.
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February 20, 2024
DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot
The D.C. Circuit has dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.
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February 20, 2024
FERC Greenlights $6.7B Vistra-Energy Harbor Merger
The Federal Energy Regulatory Commission has approved a $6.7 billion proposed merger between Vistra Corp. and Ohio-based Energy Harbor LLC after taking extra time to review the tie-up amid competition concerns from both federal antitrust officials and state consumer advocates.
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February 20, 2024
Boomerang In Default For Silence On $7M Del. Contract Suit
A defunct steel tube plant that failed to respond to a Delaware Chancery Court lawsuit seeking $7.35 million for unpaid invoices was found in default Tuesday after failing to appear in court for more than a year and a half.
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February 20, 2024
No Coverage For Firm In Haiti Malpractice Suit, Insurer Says
An insurance company has asked a Washington federal court to declare it does not have to cover a Seattle law firm facing a $31 million New York federal malpractice case stemming from its representation of a Haitian agency in a petroleum contract arbitration, arguing the firm breached the insurance agreement by lying on its application.
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February 20, 2024
Insurers Say Pollution Exclusion Bars Cancer Suits Defense
An oil company accused of causing four people to develop cancer through exposure to harmful chemicals should not have coverage for its defense of the claims, according to four Nationwide units that told an Illinois federal court the company has no pollution coverage.
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February 20, 2024
Justices Won't Weigh Nonsignatory Arbitration Issue
The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.
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February 20, 2024
Validity Of $2B Venezuelan Bonds Remains Unresolved In NY
New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.
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February 16, 2024
6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case
The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.
Expert Analysis
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Insurers Should Prepare For 'Black Swan' Climate Disasters
As rapid climate change results in increased risk of casualties and property loss from rare, severe weather events, the insurance industry should take five crucial steps toward evolving and continuing operations, including advanced analytic techniques and investments in alternative energy sources, say Stephen Brown and Irena Maier at Wilson Elser.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Del. Dispatch: Lessons From Failed ETE-Williams Merger
Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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New Initiatives Will Advance Corporate Biodiversity Reporting
Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.
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How Justices' Disclosure Ruling May Change Corp. Filings
In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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What US Cos. Should Know About ESG Directives In The EU
Even if U.S. companies don't fall directly within the scope of the EU's directives requiring corporate reporting on human rights and environmental impacts, which will likely be fully enacted next year, they may still be implicated if they are part of an EU business's value chain, so U.S. companies should undertake proactive steps to gain a competitive advantage, say attorneys at DLA Piper.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.