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Energy
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September 05, 2024
Judge Sharp No Stranger To Complex Cases Biz Court To See
Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.
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September 05, 2024
Army Didn't Breach Afghan Fuel Deal Amid Taliban Seizure
The Armed Services Board of Contract Appeals has mostly rejected a contractor's $11.9 million appeal stemming from the seizure of its fuel and equipment by the Taliban following the U.S. withdrawal from Afghanistan, saying the U.S. Army didn't breach any contractual duty.
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September 05, 2024
Holland & Knight Appoints Former Perkins Coie Tax Partner
Holland & Knight LLP appointed a partner to its Portland, Oregon, office who previously served as a partner in energy tax law for Perkins Coie LLP, the firm announced.
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September 05, 2024
Talks In Geothermal Fight Go On Amid Request For Monument
The U.S. Bureau of Land Management, a California tribe and a group of nonprofits say proposed settlement talks in a dispute over a series of geothermal energy leases will continue despite a recent bid by federal lawmakers to have the land in question designated as a national monument.
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September 05, 2024
Iron Co. Escapes Fired Worker's Bipolar Leave Bias Suit
A Michigan federal judge tossed a worker's suit claiming he was fired from an iron casting company for taking medical leave to treat his bipolar disorder, ruling that his claims were brought to court too late.
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September 05, 2024
Biden To Block US Steel-Nippon, And More Deal Rumors
President Joe Biden is reportedly preparing to block the $14.9 billion merger of U.S. Steel and Nippon Steel, Blackstone and Vista Equity Partners may team up to buy Smartsheet, and Springer Nature is planning an initial public offering. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 05, 2024
Biden Admin Issues Plans To Address PFAS Use, Exposure
The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.
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September 05, 2024
7th Circ. Doubts JPMorgan Traders' Spoofing Appeal
The Seventh Circuit seemed skeptical Thursday about three former JPMorgan traders' assertion that evidentiary issues surrounding their underlying spoofing trials warrant unwinding their convictions for manipulating the market with fake orders for precious metals.
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September 05, 2024
Placid Oil Tells 5th Circ. It's Clear Of Contamination Claims
Placid Oil told a Fifth Circuit panel that previous bankruptcy proceedings cleared it of contamination claims on a Louisiana property, saying during oral arguments Thursday that language in the contract calling it a party to the surface lease agreement didn't count as an assignment.
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September 05, 2024
Green Groups Fight Red State AGs' Attack On Civil Rights Regs
Environmental and civil rights groups are opposing a petition filed by attorneys general from 23 primarily Republican-led states demanding that the U.S. Environmental Protection Agency roll back civil rights regulations that prohibit actions that may unintentionally affect racial groups in different ways.
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September 05, 2024
Hydropower Co. Asks Judge To Stem River Cleanup Suit
NCR Voyix Corp. hasn't proven that the drawdown of a reservoir has hampered its cleanup of a Superfund site contaminated by paper waste nor that the drawdown was mishandled, a power company has told a Michigan federal judge.
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September 05, 2024
5th Circ. Rejects Overtime For Highly Paid Oil Rig Workers
A group of reamers for an oil and gas company aren't entitled to overtime under federal law because they are paid an annual salary and performed exempt duties, a Fifth Circuit panel ruled, affirming a lower court's decision.
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September 05, 2024
Ariz. Tribe Doubled Down In Lithium Project Row, Court Told
The federal government has accused the Hualapai Indian Tribe of doubling down on conjecture with regard to the possible effects of the Big Sandy Valley Lithium Exploration Project, urging an Arizona federal judge to reject the tribe's request for a preliminary injunction.
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September 05, 2024
EPA Asks To End Texas, Okla. Air Plan Fight Due To Lost Docs
The U.S. Environmental Protection Agency is asking the Fifth Circuit to vacate its challenged 2016 rule that partially disapproved regional haze plans created by Texas and Oklahoma and imposed a federal plan, having lost key records needed to justify its decisions.
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September 05, 2024
EPA Issues Carbon Sequestration Well Permits In Texas
The U.S. Environmental Protection Agency issued draft permits to Oxy Low Carbon Ventures LLC for three proposed carbon sequestration wells, marking the first time the agency has issued such permits in the state of Texas.
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September 05, 2024
'Flimsy Attack' In $102M Award Suit Falls Flat, Court Hears
Liberian entities fighting to enforce a $102 million arbitral award issued in a dispute over control of a $700 million liquefied petroleum gas shipping joint venture have criticized the award debtor's "flimsy attack" on the arbitrator's impartiality in a filing to a New York federal judge.
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September 05, 2024
4 Firms Build First Majestic's $970M Buy Of Silver Mining Biz
Silver and gold mining company First Majestic Silver Corp. on Thursday announced that it has agreed to buy Mexican silver exploration, development and production company Gatos Silver Inc. in a $970 million deal crafted by four law firms.
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September 12, 2024
Squire Patton Hires Disputes Pro From Eversheds Sutherland
Squire Patton Boggs LLP has said that a former trainee who specializes in commercial disputes has returned to the firm as a partner in its office in Birmingham, as it continues to expand its litigation practice across the U.K.
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September 05, 2024
Biden Administration Approves 10th Offshore Wind Project
The Biden-Harris administration on Thursday announced a federal approval of a two-gigawatt wind project proposed to be built off the Maryland coast — the 10th commercial-scale offshore wind project the administration has approved.
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September 05, 2024
Ex-Siemens Exec Concedes Trade Secret Caper Merits Prison
A former executive of Siemens Energy Inc. has told a Virginia federal judge that he recognizes that a period of incarceration is merited after he pled guilty to stealing trade secrets from General Electric Co. and Mitsubishi Heavy Industries Ltd. to undercut their bids to build a gas turbine plant.
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September 04, 2024
Singapore Phosphate Co. Drops China Claim Over Panda Park
Singaporean company AsiaPhos has agreed to pay the Chinese government some $1.17 million to end a dispute stemming from the cancelation of the company's phosphate mining permits to make way for a giant panda reserve, several months after a Swiss court rejected the company's appeal.
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September 04, 2024
Marathon Faces Wrongful Death Suit Over Refinery Explosion
The family of a Texas machinist who burned to death in a refinery explosion is suing Marathon Petroleum Co. and others, claiming their shoddy build, maintenance and management of the facility caused the catastrophic failure.
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September 04, 2024
EPA Strengthens Trump-Era 'Once In, Always In' Rule
The U.S. Environmental Protection Agency on Wednesday strengthened a Trump-era rule that it said could let industrial facilities emit more harmful air pollution after downgrading to a less severe pollution source category.
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September 04, 2024
Brazilian Oil Bribery Case Jury Warned Of 'Liar' Witness
Attorneys for a Connecticut trader accused of bribing Brazilian oil officials urged a jury on Wednesday not to trust an alleged co-conspirator scheduled to testify for the government, calling that man a "skilled and adept liar" who would "substantially assist" prosecutors in possible return for a favorable family immigration decision.
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September 04, 2024
EPA Coke Ovens Rule Challenged By Green Groups, Industry
Green groups and a coke-making business have kicked off challenges to the U.S. Environmental Protection Agency's rule strengthening emission standards for hazardous air pollutants like benzene, mercury, lead and arsenic that are emitted by coke oven facilities.
Expert Analysis
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Tracking Implementation Of IRA Programs As Election Nears
As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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How Justices' Chevron Ruling May Influence Wind Projects
Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Assessing The Energy Act 2023, Eight Months On
Although much of the detail required to fully implement the Energy Act 2023 remains to be finalized, the scale of change in the energy sector is unprecedented, and with the U.K. prioritizing achieving net-zero, it is likely that developments will continue at pace, say lawyers at Paul Hastings.
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.