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Energy
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February 29, 2024
'ComEd Four' Bribery Sentences Must Wait For Justices' Input
An Illinois federal judge on Thursday granted a request to stay sentencing hearings for a former Commonwealth Edison CEO and three lobbyists convicted of carrying out a legislative bribery scheme at Illinois' capitol until after the nation's top court decides a case reviewing federal bribery law later this year.
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February 29, 2024
Lordstown To Pay $25M In SEC Probe Of Overhyped EVs
Bankrupt automaker Lordstown Motors Corp. has agreed to return $25.5 million to shareholders who were allegedly drawn in by false assurances that the company had secured tens of thousands of pre-orders for electric trucks that it didn't even have the parts to build, the U.S. Securities and Exchange Commission announced Thursday.
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February 29, 2024
Mexico Must Close Mine To Fix Labor Violations, US Says
Shuttering a Grupo Mexico-owned mine until management negotiates with workers' lawfully designated labor union is the only way to resolve rights violations at the facility, the United States told an international dispute settlement panel in its closing remarks Wednesday.
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February 29, 2024
Sierra Club Pushes For Survey On Crypto Grid Impacts
The Sierra Club is urging a Texas federal judge to consider how the public stands to be harmed if a survey to gauge the growing cryptocurrency mining industry's impacts on the electric grid isn't completed soon to better inform utilities, grid operators and regulators.
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February 29, 2024
Mass. High Court Revises 'Complex' Anti-SLAPP Guidance
The Massachusetts anti-SLAPP statute can't shield a company from being sued over years of litigation allegedly aimed solely at thwarting a potential competitor, the state's highest court said Thursday as it issued new guidance intended to make it easier for judges to resolve such disputes.
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February 29, 2024
Biden Floats 3 Nominees To Return FERC To Full Strength
President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.
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February 29, 2024
Diamondback Board Conflicted In OK'ing $26B Deal, Suit Says
Shareholders of Diamondback Energy Inc. have hit the company and its directors in Delaware's Chancery Court with a proposed class action, claiming its board members wrongfully voted in their own self-interest when approving Diamondback's $26 billion acquisition of another energy company with terms that will give the board members control over their reelection.
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February 29, 2024
Deals Rumor Mill: Springer Nature, Warner Bros., ExxonMobil
Springer Nature's IPO could be valued at $9.7 billion, Warner Bros. has pulled back on Paramount negotiations, and ExxonMobil could fetch $1 billion for Argentinean assets. Here, Law360 breaks down the notable deal rumors from the past week.
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February 29, 2024
Offshore Well Closings Need More Enforcement, Groups Say
The federal government needs to create new regulations aimed at ensuring the prompt environmentally responsible decommissioning of offshore oil and gas wells and platforms, green groups said Thursday.
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February 29, 2024
NY Tabs Equinor, Orsted Projects For Offshore Wind Deals
New York officials on Thursday awarded power contracts to offshore wind projects being developed by Equinor and an Orsted-Eversource partnership, the first contracts awarded under a revised bidding process aimed at combating macroeconomic headwinds buffeting U.S. offshore wind development.
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February 29, 2024
GE Denies Ties To La. Environmental Contamination Suit
General Electric has told a Louisiana federal judge it should be freed from a lawsuit seeking to hold it liable for widespread environmental contamination caused by a since-closed pressure valve manufacturing facility in Rapides Parish, saying the property owners behind the suit are relying on a misguided theory of liability.
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February 29, 2024
Don't Miss It: Milbank, Vedder Price Lead Month's Hot Deals
A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Milbank LLP and Vedder Price PC.
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February 29, 2024
Chamber Of Commerce Backs Exxon In Activist Investor Row
The U.S. Chamber of Commerce and lobbying group Business Roundtable on Thursday threw their weight behind Exxon Mobil Corp. in the company's bid to pursue its lawsuit against activist investors, a suit that some see as a proxy battle with the U.S. Securities and Exchange Commission over shareholder proposals.
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February 28, 2024
Skeptical DC Circ. Probes Treaty's Arbitration Applicability
A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.
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February 28, 2024
Judge Asks When Feds Will Consider Climate In Oil Leases
A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.
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February 28, 2024
Energy Dept. To Give Tribes $25M For Clean Energy Tech
The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.
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February 28, 2024
Drilling Services Co. Must Face Suit Over Worker's Injury
A company that provides power to oil drilling operations must face an indemnification lawsuit after a worker was electrocuted while fixing a downed line, according to a Colorado federal judge's order finding that the case wouldn't interfere with the worker's injury suit.
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February 28, 2024
Green Groups Pan Colorado's Monitoring Deal With Suncor
A group of environmental advocacy organizations told a Colorado state judge that state environmental regulators and Suncor Energy gave them too little time to review a settlement about enforcement of air quality monitoring regulations, but said they saw enough to spot some concerning flaws.
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February 28, 2024
SPAC Investor Says Energy Co. Merger Was Overhyped
An investor of blank-check company Star Peak Energy Transition Corp. has sued several of its current and former directors and controllers, alleging the defendants protected their buy-ins while leaving public investors to suffer losses after the company merged with an energy storage company.
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February 28, 2024
No More Coverage For Aluminum Co.'s $165M Fire Damage
A South Carolina federal judge on Wednesday snuffed out an aluminum company's $165 million fire damage suit, ruling that its insurers had already paid up to their limits of $10 million for the molten material damage.
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February 28, 2024
Tribes Urge Biden To Break Silence On Pipeline Dispute
Great Lakes tribes are pressing the White House to break its "deeply concerning" silence on a fight to remove an Enbridge Energy Corp. pipeline from tribal lands in northern Wisconsin, saying the U.S. government is sitting on the sidelines as Canada and the energy company try to gut their sovereignty.
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February 28, 2024
8th Circ. Axes Federal Mine Agency's Win In Pay Bias Row
A unanimous Eighth Circuit panel tossed a Federal Mine Safety and Health Review Commission ruling that a cement company discriminated against a worker by cutting bonuses she was to receive for helping federal inspectors at a mine, saying Wednesday the cut was not motivated by bias.
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February 28, 2024
Oil Co. Says It's Too Broke For Colo. Regulators' $130M Bond
An oil and gas production company is asking a Colorado state judge to stay regulators' "exorbitant" order requiring it to pay $130 million in financial assurance on its obligation to plug and remediate oil and gas wells, arguing the company doesn't even have the cash for a $13 million installment due this month.
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February 28, 2024
Energy Cos. Urge Justices To Slam Brakes On Climate Suits
Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.
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February 28, 2024
Fortum Files Multibillion-Euro Claim Against Russia
Finnish energy company Fortum has said it is bringing a multibillion-euro arbitration claim against Russia, saying Moscow's "hostile action" in seizing its power plants in the country in 2023 deprived Fortum of its shareholder rights.
Expert Analysis
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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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.