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Energy
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September 10, 2024
Brookfield Pledges Over $1B To Ultra-Low Carbon E-Fuels Co.
Brookfield will pump up to $1.05 billion into Infinium and its electrofuels platform, in what the asset management giant said Tuesday is its first direct sustainable aviation fuels investment.
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September 10, 2024
Vorys-Led Infrastructure Biz Buys Steel Maker For $30M
Hill & Smith PLC said Tuesday that it has bought U.S. steel manufacturer Whitlow Electric Service Co. Inc. for $30.2 million, as the infrastructure products supplier continues a spending spree to expand its global operations.
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September 10, 2024
Biofuel Group Wants Renewable Fuel Redo At DC Circ.
Growth Energy said a D.C. Circuit panel erred when it said the U.S. Environmental Protection Agency should have exempted small petroleum refiners from renewable fuel blending requirements and held the biofuel trade group didn't have standing to challenge alternative compliance actions the agency later enacted.
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September 10, 2024
'Structuring Issue' Snarls TC Energy's CA$1B Pipeline Deal
Canadian natural gas company TC Energy on Tuesday paused its planned CA$1 billion ($736.7 million) sale of a minority stake in a pipeline system and assets to an Indigenous-owned buyer, citing a "transaction structuring issue."
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September 10, 2024
Glencore's Billionaire Ex-Head Of Oil In Court Over Bribery
Six former Glencore employees, including the commodity giant's billionaire former global head of oil, appeared at a London court on Tuesday for the first time to face charges of making corrupt payments to an agent in West Africa.
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September 09, 2024
DC Judge Won't Halt Colo. Trail Over Radiation Concerns
A D.C. federal judge will allow a trail development project in Colorado's Rocky Flats National Wildlife Refuge to move forward, rejecting a preliminary injunction bid from environmental and public health groups that claimed federal regulators disregarded unsafe levels of radiation in the area when authorizing the project.
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September 09, 2024
Judge Won't End Mich. Dam Flooding Suit Before Discovery
A Michigan judge said Monday it would be premature to free the state from liability for two dams' collapse before further discovery, telling government lawyers he would be reversed "in a nanosecond" if he ended the suit so soon.
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September 09, 2024
EPA Power Plant GHG Rule Is Unworkable, DC Circ. Told
The U.S. Environmental Protection Agency's push to curb greenhouse gas pollution from power plants imposes unrealistic carbon capture and sequestration requirements, jeopardizes power grid reliability and exceeds its Clean Air Act authority, two dozen states and a host of coal and utility groups told the D.C. Circuit on Friday.
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September 09, 2024
Chinese Reinsurers Can't Exit Reimbursement Suit Yet
Two property insurers properly served Chinese reinsurers with their suit alleging that they owe more than $43 million in unpaid reinsurance claims, an Iowa federal court ruled, rejecting the reinsurers' argument that under the Hague Convention the insurers had to instead serve their suit via China's central authority.
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September 09, 2024
Russia Says DC Circ. Ruling Erodes $5B Award To Yukos
A recent D.C. Circuit ruling that Spain must comply with $395 million in arbitration awards awarded to Yukos Oil's financing arm undermines the company's $5 billion claim against Russia because the country, unlike Spain, never ratified the international treaty on which the court relied, Russia has told a D.C. federal court.
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September 09, 2024
Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing
A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.
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September 09, 2024
Investment Firm Can't Fell Timber Co.'s Carbon Offset Suit
The North Carolina Business Court has trimmed a timber company's lawsuit accusing a forestland investment firm of overstating land's carbon offset value in a sale, but let most of the claims escape being felled, reasoning that the timber company's complaint alleged plausible accusations of contract violations.
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September 09, 2024
5th Circ. Lets BP Keep Deepwater Horizon Cleanup Suit Win
The Fifth Circuit won't upend BP's win in a suit by a boat captain alleging he was injured while helping with the cleanup of the Deepwater Horizon oil spill, finding the trial court rightly excluded his expert for failing to prove that exposure to the chemicals could have caused his claimed injuries.
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September 09, 2024
Red States, Industry Look To Sink EPA Vehicle Emissions Rule
The federal government's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans must be squashed because it favors electric vehicles in a way only Congress can do, 26 red states and a coalition of business groups have told the D.C. Circuit.
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September 09, 2024
FERC Botched Tenn. Pipeline Approval, Enviro Orgs Tell DC Circ.
The Federal Energy Regulatory Commission relied on a botched climate change analysis to unlawfully approve a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is set to replace a coal-fired plant, environmentalists told the D.C. Circuit.
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September 09, 2024
Ohio Train Derailment Plaintiffs Seek Final OK Of $600M Deal
Residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year are asking an Ohio federal court for final approval of a $600 million settlement, including a $162 million payout for their attorneys.
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September 09, 2024
Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'
A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Federal Law Preempts Standby Shift Claims, Oil Co. Says
Oil refinery workers' claims that they didn't receive compensation for their 12-hour standby shifts require an interpretation of the collective bargaining agreements and the Labor Management Relations Act preempts the claims, a company told a California federal court.
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September 09, 2024
EU Should Loosen Merger Rules To Compete, Report Says
The European Union should loosen its merger rules and reform trade policy and the energy market in order to boost EU competitiveness enough to catch up with the U.S. and China, a former European Central Bank president reported Monday.
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September 09, 2024
EPA Enforcement Alert Issued For Illegal HFC Imports
The U.S. Environmental Protection Agency said it is cracking down on illegal imports of hydrofluorocarbons, potent greenhouse gases that are used in refrigeration and air-conditioning and slated to be phased down.
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September 06, 2024
Texas Biz Court Will Be A Brave New World For Energy Cos.
Energy companies gained a new forum to hash out their legal fights Sept. 1 when the Texas business court recently started hearing cases, but questions about the court and how it'll operate might give companies pause before they take the plunge. Here's what energy companies and energy attorneys should know as the new court gets up and running.
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September 06, 2024
Ex-CEO Of Defunct Solar Co. Seeks Sanctions In Fraud Suit
The former CEO of a bankrupt solar energy firm filed a motion for sanctions Friday in Michigan federal court, alleging the plaintiffs' counsel misrepresented the ex-CEO's inability to produce information during a discovery meeting regarding claims he defrauded customers by selling faulty solar systems.
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September 06, 2024
2nd Circ. Won't Revive Solar Cos.' National Grid Tax Suit
The Second Circuit declined to revive one of two proposed class actions brought by solar companies against National Grid alleging it illegally charged them for taxes in an effort to dampen competition from renewables, finding on Friday that the district court properly determined it lacked subject matter jurisdiction.
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September 06, 2024
Ex-Conn. Utility Execs Can't Shake Convictions At 2nd Circ.
The Second Circuit issued a mammoth 140-page decision Friday upholding punishments including a $748,000 restitution order for three former executives convicted of stealing from a Connecticut utility cooperative, but the court threw out the utility's bid for a $9.6 million reimbursement for fronting the defendants' attorney fees.
Expert Analysis
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy
Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake
The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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3 Areas Of Enforcement Risk Facing The EV Industry
Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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Keeping Up With Carbon Capture Policy In The US And EU
Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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EU Investor-State Dispute Transparency Rules: Key Points
The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What Happens After Hawaii Kids' Historic Climate Deal
Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.