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Energy
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April 18, 2024
Electronics Co. Says Insurer Cut $34.9M In Asbestos Coverage
A Philadelphia electronics company that inherited asbestos liability from a company it acquired told a Pennsylvania federal court that an insurer is wrongfully preventing it from accessing over $34.9 million in coverage to deal with the claims.
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April 18, 2024
BLM Prioritizes Conservation On Federal Land In Final Rule
The Biden administration finalized a rule Thursday that prioritizes the conservation of federal lands through new initiatives like leasing frameworks that center on restoration and mitigation.
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April 18, 2024
Enbridge Says Feds' Pipeline Brief Aids Michigan Case
Enbridge Energy has said the U.S. government's recent brief to the Seventh Circuit in separate litigation over its Line 5 pipeline backs its challenge against Michigan over the state's attempts to shutter the project, arguing the federal government has a strong interest in ensuring that trade and diplomatic relations with Canada aren't affected.
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April 18, 2024
Sale Offer Should Doom Jetaire IP Suit, Judge Says
A Florida federal magistrate judge has said aviation company AerSale should get a win on arguments that not only did it not infringe a trio of Jetaire patents, but also that the patents are invalid.
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April 18, 2024
25 States Urge DC Circ. To Block EPA Auto Emissions Rules
Twenty-five Republican-led states on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans through 2032.
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April 18, 2024
FERC To Reveal Final Grid-Planning Policy Revamp
The Federal Energy Regulatory Commission on Thursday said it would unveil on May 13 the final version of its long-awaited overhaul of how major electric transmission projects are planned and paid for.
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April 18, 2024
Sugar Co. Urges 11th Circ. To Revive Helms-Burton Suit
North American Sugar Industries Inc. asked the Eleventh Circuit Thursday to revive its suit accusing several companies that shipped wind turbines to Cuba of violating the Helms-Burton Act, saying the trial court erred in tossing its claims for lack of jurisdiction.
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April 18, 2024
Gulf Oil Terminal Sale Spurs Environmental Settlement Talks
The recent sale of a Gulf Oil shoreline terminal in New Haven, Connecticut, is poised to advance settlement talks in an environmental lawsuit challenging the facility's preparedness for the alleged effects of global warming, according to a federal court hearing held Thursday.
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April 18, 2024
Retirees Seek $5.4M Counsel Fee In Talen Energy ERISA Suit
Lawyers from three firms representing a class of retirees alleging Talen Energy unlawfully withheld early retirement benefits have asked a Pennsylvania federal judge to designate $5.4 million of the $20 million settlement as attorney fees.
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April 17, 2024
PG&E Sued For $225 Million Dixie Fire Forest Damage
Owners of the Collins Almanor Forest in Northern California have slapped PG&E with a complaint alleging that they incurred more than $225 million in damage after the Dixie Fire ripped through approximately 55,000 acres of their forest lands in July 2021.
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April 17, 2024
Kraft Sued Over Lead Contamination In Lunchables
Kraft has been slapped with a proposed class action over its popular Lunchables snack kits after independent testing of the kits allegedly found that they contained high, though legally allowable, levels of lead and other harmful substances.
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April 17, 2024
DC Judge Questions 7-Eleven Position On FTC Constraints
A D.C. federal judge on Wednesday pressed counsel for 7-Eleven on the company's claims that only the U.S. attorney general can seek civil penalties on behalf of the Federal Trade Commission, questioning how the commission itself can be limited when the FTC Act gives it the right to take up actions if the U.S. Department of Justice does not.
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April 17, 2024
Hawaii AG Releases Timeline Of Deadly Lahaina Wildfire
Hawaii's attorney general on Wednesday released findings from the first report of a three-part investigation into how state and county governments responded to the wildfires that ignited on the island of Maui last year, decimating the historic town of Lahaina and leaving more than 100 people dead.
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April 17, 2024
EV Tax Credit Restrictions, Trade Bills Advance In House
The House Ways and Means Committee advanced several trade bills Wednesday that would impose more restrictions for new electric vehicles to qualify for a federal tax credit, assert congressional authority in agreements with foreign governments, and renew the country's largest and oldest trade preferences program.
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April 17, 2024
MoFo Advises Southwest Gas Carve-Out Centuri's $260M IPO
Southwest Gas Holdings Inc.'s infrastructure services unit Centuri Holdings Inc. on Wednesday priced a $260.4 million initial public offering at the top of its range, enabling Centuri to become a standalone public company, represented by Morrison Foerster LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
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April 17, 2024
Republican AGs Petition EPA To Drop Enviro Justice Initiative
Attorneys general from 23 primarily Republican-led states on Tuesday demanded 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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April 17, 2024
States, Biz Groups Back Fight Over DOE Furnace Rules
Eighteen states and several business associations are backing gas utility groups' challenge to the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that the agency is unlawfully forcing a switch to new appliances.
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April 17, 2024
FERC Won't Rethink Pacific Northwest Gas Project Approval
The Federal Energy Regulatory Commission on Tuesday stood by its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest opposed by Washington and Oregon officials, but Commissioner Allison Clements said there is significant evidence that the project is not needed.
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April 17, 2024
Data Co. Seeks Coverage For $250M Lebanon Explosion Suit
A data services company told a Texas state court that its insurers must defend it in an underlying $250 million lawsuit stemming from the 2020 Port of Beirut explosion in Lebanon which killed over 218 people, maintaining that the insurers have wrongfully refused.
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April 17, 2024
Colo. Judge Slams Attys For Petty 'Squabbles' In Patent Fight
A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.
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April 17, 2024
Contractor Blamed For $4.4M Damage To Wind Turbine
A Massachusetts company under contract to maintain wind turbines at a wastewater treatment facility in Boston Harbor failed to property shut down one of them after a mechanical problem, leading to further "catastrophic" damage that will cost nearly $4.4 million to address, according to a lawsuit filed in state court.
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April 17, 2024
Ariz. Tribes Lose Bid To Block SunZia Power Line Project
An Arizona federal judge on Tuesday rejected a request by Native American tribes and environmentalists to block work on SunZia's $10 billion transmission line in a southeastern valley known for its historic and cultural significance, finding that their claims are likely time-barred by a six-year statute of limitations that began in 2015.
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April 17, 2024
Tesla To Vote On Reviving Musk's $55B Pay, Moving To Texas
Attorneys for Tesla Inc. notified Delaware's chancellor Wednesday that the company will seek stockholder approval June 13 for the same $55.8 billion Elon Musk compensation plan voided by Chancery Court on Jan. 30, along with reincorporation of Tesla as a Texas company.
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April 16, 2024
Cashed Check Kills VW Emissions Deal Appeal, 9th Circ. Says
The Ninth Circuit on Tuesday threw out an attempt to unravel an $80 million deal resolving consolidated consumer litigation alleging Volkswagen and Porsche manipulated emissions and fuel-economy tests for nearly 500,000 gas-powered vehicles, saying the objector has already cashed his portion of the settlement.
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April 16, 2024
Businessman Urges Calif. Court To Refuse $4.4M Award
A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.
Expert Analysis
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Opinion
What Insurers Gain When Litigating Coverage Denials
Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
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After Headwinds, 2024 May See Offshore Wind Momentum
Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
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How State AGs Process And Prioritize Consumer Complaints
Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.
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10 Issues To Watch As ESG Remains Alive And Well In 2024
Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Considerations for In-House Counsel Before Testing For PFAS
In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Analyzing 1 Year Of Comments On FTC's Green Guides
A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.