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Energy
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May 17, 2024
DC Circ. Probes Carbon Capture In LNG Approval Challenge
The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.
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May 17, 2024
Judge Reluctantly Dismisses FirstEnergy Shareholder Suit
An Ohio federal judge said Friday that he had no other choice but to dismiss a shareholder lawsuit filed against scandal-plagued utility FirstEnergy Corp., though his reluctance to do so was underscored by a lament that a $180 million settlement brokered in another courtroom left a "shroud of darkness" over a $1 billion bribery scandal.
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May 17, 2024
T. Boone Pickens' Ranch Buyer Can Proceed With TM Suit
The new owner of the late T. Boone Pickens' luxurious hunting estate in the Texas Panhandle can proceed with a lawsuit accusing a neighboring property owner of infringing the ranch's trademark rights by using them to advertise a land sale, a federal judge concluded Thursday.
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May 17, 2024
New Domestic Content Guidance May Boost Energy Credits
The U.S. Treasury Department's new guidance on bonus tax credits for clean energy projects that source domestic-made materials and components aims to simplify the process for determining eligibility and spur more development to get those extra incentives.
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May 17, 2024
Sanctioned Man's Daughter Says Blacklist Inescapable
A Myanmar woman the U.S. blacklisted based on conclusions her father provided fuel to Myanmar's military regime accused the U.S. government of trapping her on a sanctions list, leaving her unable to support herself or complete studies at Columbia University.
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May 17, 2024
Cantor, Lutnick Strike Deal With Window SPAC Investors
Shareholders of a special purpose acquisition company that took a now-bankrupt smart window manufacturer public have reached a tentative agreement to settle their proposed Delaware Chancery Court class action against Cantor Fitzgerald LP and its billionaire chair and CEO Howard Lutnick.
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May 17, 2024
DC Circ. Won't Immediately Block EPA Power Plant GHG Rule
The U.S. Environmental Protection Agency is clear to implement its new greenhouse gas emissions rule for power plants — at least for now — after the D.C. Circuit on Friday rejected an effort to temporarily block it.
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May 17, 2024
Industry Emboldened After Justices Galvanize Agency Attacks
In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
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May 17, 2024
4 Firms Build $2.55B Sale Of Avangrid To Spain's Iberdrola
Spanish renewable energy company Iberdrola SA and its portfolio company, sustainable energy business Avangrid, on Friday announced that they have reached an agreement for Iberdrola to take Avangrid private by purchasing the remaining issued and outstanding shares it does not already own in a $2.55 billion deal built by four firms.
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May 17, 2024
Wash. Energy Codes Challenged Again After 9th Circ. Decision
In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.
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May 17, 2024
Kilpatrick Brings On Nelson Mullins Energy Pro In Atlanta, DC
Kilpatrick Townsend & Stockton LLP has picked up a new energy regulatory attorney in Atlanta and Washington, D.C., with a diverse background, including working for Nelson Mullins Riley & Scarborough LLP as well as Google and the South Carolina House of Representatives.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 17, 2024
Ex-Alpine Summit Energy CLO Joins Holland & Knight
Holland & Knight LLP has added Alpine Summit Energy Partners Inc.'s former chief legal officer as a partner to bolster its corporate practice group.
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May 17, 2024
Glass Lewis, ISS Split On Chevron-Hess Deal Guidance
Hess Corp. shareholders got mixed advice from the two leading proxy advisory firms on whether to vote in favor of a $53 billion takeover by Chevron Corp., further muddling the oil and gas giants' path to closing the mega-deal amid an ongoing dispute with Exxon Mobil Corp.
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May 16, 2024
DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost
The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.
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May 16, 2024
Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal
A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.
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May 16, 2024
Metal Co., Supplier Will Pay $14M To Settle NJ Pollution Suit
New Jersey Attorney General Matthew J. Platkin unveiled a $14 million settlement Thursday between the state's Department of Environmental Protection and the once-owners of a former metal etching facility and its supplier for their alleged role in contaminating groundwater with trichloroethylene in northern Bergen County.
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May 16, 2024
Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit
The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.
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May 16, 2024
Clean Energy CEO Gets 6 Years For Forgeries Netting $1.1M
The CEO of a Pennsylvania clean energy company was sentenced to six years in federal prison for defrauding investors out of $1.1 million and falsifying documents to cover his tracks, federal prosecutors announced Thursday.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
New BLM Plans Sunset Federal Coal Leasing In Wyo., Mont.
The U.S. Bureau of Land Management on Thursday unveiled court-ordered, revised resource management plans for coal-rich areas of Montana and Wyoming that end future coal leasing in the regions, a move blasted by congressional representatives of those states.
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May 16, 2024
Oil & Gas Groups Challenge DOI Overhaul Of Leasing Regs
A coalition of oil and gas groups has slapped the U.S. Department of the Interior with a lawsuit in Wyoming federal court seeking to unravel the agency's final rule boosting bonding requirements, royalty rates and minimum bids for its onshore federal oil and gas leasing program.
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May 16, 2024
Citgo Retirees Win Class Cert. In Mortality Table Data Suit
An Illinois federal judge on Thursday conditionally granted class certification to Citgo retirees accusing the fuel company of shortchanging retirees by using outdated metrics to calculate early retirement payouts, but said the class definition must be narrowed further.
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May 16, 2024
In-House Manufacturing Ace Rejoins K&L Gates In Pittsburgh
A top executive at metals manufacturer Arconic Corp. has rejoined K&L Gates LLP as a corporate mergers and acquisitions partner in Pittsburgh, the firm said Thursday.
Expert Analysis
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Takeaways From SEC's Aggressive Cybersecurity Moves
The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.
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Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules
Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Opinion
Farm Bill Gives Congress 2024's Biggest Enviro Opportunity
A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.
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What To Expect From High Court In Corp. Disclosure Case
Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.
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After Watershed Year, Clean Hydrogen Faces New Challenges
Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.
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A Potential Proactive Tool For Public-Private Joint Ventures
In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.