Energy

  • June 05, 2024

    Feds Say $1B Power Line Permit Challenge Should Be Zapped

    The Biden administration and developers of a proposed $1 billion transmission line that would ship hydropower from Quebec to New England are urging a federal judge to dump challenges to federal approvals for the project, saying there's no question they were lawfully issued.

  • June 05, 2024

    Pa. Panel Erases $8.3M Atty Fee Win In Chlorine Leak Case

    The Pennsylvania Superior Court has overturned an $8.3 million attorney fee award in a lawsuit over chlorine gas damage to a chemical plant and its workers, but preserved a nearly $14.3 million judgment in favor of the plant's owner.

  • June 05, 2024

    Donziger Deserves Pardon, Enviro Groups Tell Biden

    A group of environmental and human rights groups are calling on President Joe Biden to pardon disbarred environmental lawyer Steven Donziger for his criminal contempt conviction in litigation brought by Chevron over his role in securing a $9.5 billion environmental judgment in Ecuador.

  • June 04, 2024

    Judiciary Panel Clears 1st MDL Rule, Eyes 'Mouthpiece' Amici

    Top rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.

  • June 04, 2024

    GOP Spending Bill Aims To Cut SEC Budget, Nix Climate Rule

    The Republican-led House Appropriations Committee released a spending bill Tuesday that threatens to cut funding for financial service agencies and prevent the U.S. Securities and Exchange Commission from funding its controversial climate disclosure rules and bar Consumer Financial Protection Bureau spending on a contentious rule, as well.

  • June 04, 2024

    Ex-Startup CEO Gets 3-Year Sentence For Embezzling $5.9M

    A D.C. federal judge on Tuesday sentenced the founder and former CEO of an alternative energy startup to three years of incarceration for embezzling $5.9 million from his company to fund what the judge called "a lavish, and to some extent ridiculous, lifestyle."

  • June 04, 2024

    Construction Co. Says $1B Texas Chemical Plant Bill Unpaid

    The construction company behind a multimillion-dollar chemical processing facility near the Texas coast has accused the plant's owner of refusing to pay it for its work, despite making changes to the original scope of the facility that caused extra construction costs and delays.

  • June 04, 2024

    Wildfire Attys Descend On Colo. As Xcel Litigation Ramps Up

    Hundreds of lawsuits seeking to hold Xcel Energy responsible for a devastating 2021 Colorado wildfire are just the latest battleground for a relatively small community of lawyers who have been involved in some of the biggest catastrophic fire suits in the western U.S. 

  • June 04, 2024

    Red States Target EPA's Tribal Water Rights Rule

    A group of red states has told a federal court that the U.S. Environmental Protection Agency has turned the Clean Water Act into what they derisively called the "Tribal Rights Act," through a rule that protects Native American rights to water resources.

  • June 04, 2024

    Biden Admin Looks To Take Down Ariz. Monument Lawsuits

    The Biden administration is asking a federal district court to dismiss lawsuits by the Arizona Legislature and a rancher that look to undo the national monument designation of an Indigenous site in the Grand Canyon region, arguing the lawmakers lack standing to challenge the Antiquities Act as unconstitutional.

  • June 04, 2024

    Senate Energy Panel Advances Trio Of FERC Nominees

    A U.S. Senate energy panel on Tuesday advanced a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, with the panel's chairman hinting that new energy infrastructure permitting legislation is also on the horizon.

  • June 04, 2024

    Bracewell Adds Energy Pro From Dentons In DC

    Even before becoming an attorney and government affairs professional specializing in the energy and environmental sectors, Andrew Shaw was interested in environmental issues.

  • June 04, 2024

    Widow's 'Elderly' Claim For Atty Fee Can't Stand, Trustees Say

    A coal company executive's widow can't demand hundreds of thousands of dollars in attorney fees over a dismissed suit seeking $6.5 billion, United Mine Workers of America pension plan trustees argued, knocking her claim that the trustees are seeking funds from an "elderly woman."

  • June 04, 2024

    Buchanan Ingersoll Denies Deceit Over Harrisburg Incinerator

    Buchanan Ingersoll & Rooney PC didn't give Harrisburg, Pennsylvania, bad advice when it set up a debt deal that allowed construction to continue on a controversial incinerator project that sent the state capital into financial distress, an attorney for the firm told the Pennsylvania Commonwealth Court on Tuesday.

  • June 03, 2024

    PacifiCorp To Pay $178M To 400 Oregonians Over Fires

    PacifiCorp has agreed to pay $178 million to more than 400 Oregon residents affected by a cluster of wildfires that burned more than a million acres of land on Labor Day 2020 amid dangerously dry and windy weather conditions, the utility announced Monday.

  • June 03, 2024

    ChampionX Investor Sues Over $7.8B Deal Proxy

    A shareholder of energy technology provider ChampionX Corp. has sued the company and its board of directors in an attempt to enjoin a proposed acquisition by another energy-focused technology company, SLB, alleging that ChampionX filed a deficient proxy statement.

  • June 03, 2024

    Green Groups Drop Their Challenge To SEC's Climate Rule

    The Natural Resources Defense Council and the Sierra Club have voluntarily asked the Eighth Circuit to dismiss their challenges to the U.S. Securities and Exchange Commission's climate disclosure rule, saying they are instead focusing their resources elsewhere.

  • June 03, 2024

    Fifth Third Bank Sued Over 'Hidden' Cost Of Solar Panel Loans

    Fifth Third Bank faces a proposed class action alleging that its solar panel financing business violated the federal Truth in Lending Act by failing to disclose that it keeps a significant portion of the cost of certain solar panel system purchases while telling consumers it was lending to them at a low interest rate.

  • June 03, 2024

    Exxon Fights Activist Investor's 'Toothless' Dismissal Bid

    Exxon Mobil Corp. is not backing away from a Texas lawsuit accusing investment adviser Arjuna Capital of improperly meddling in its business affairs by backing a proposal to reduce the company's greenhouse gas emissions, calling promises not to resubmit similar proposals in the future "toothless" in the wake of activist shareholder pressure to change the company's climate policy.

  • June 03, 2024

    Jeep Driver Files Proposed Class Suit Over Battery Defect

    Stellantis North America has been slapped with a proposed class action in California federal court alleging that although the carmaker's 2021 Jeep Wrangler Unlimited 4XE suffers from a serious battery system defect, the company has refused to issue a recall or fix the vehicles.

  • June 03, 2024

    Del. Court Tosses SPAC Suit Targeting $2.4B EV Co. Deal

    A Delaware vice chancellor has tossed a suit filed by an investor of a blank-check company challenging the $2.4 billion take-public deal it completed with electric-vehicle company Canoo Holdings Ltd., saying the investor's allegations of poor performance are not enough to assert claims for breaches of fiduciary duties.

  • June 03, 2024

    Eversource 'Shamelessly' Touts Dangerous Fuel, Suit Says

    Eversource Energy promotes natural gas as a safe, clean energy source when it knows otherwise and engages in "greenwashing" that minimizes its impact on the environment, according to a proposed class action filed in state court on behalf of Massachusetts residents serviced by the utility.

  • June 03, 2024

    Denver Oil Refinery Air Permit Is Valid, EPA Tells 10th Circ.

    The U.S. Environmental Protection Agency defended its refusal to object to the renewal of a Denver oil refinery's air pollution permit, telling the Tenth Circuit that the Center for Biological Diversity failed to show the permit would allow the refinery to emit harmful amounts of nitrogen oxides and sulfur dioxide.

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    FERC Tells Justices Not To Review Rule Passed By Deadlock

    The Federal Energy Regulatory Commission on Friday urged the U.S. Supreme Court not to disturb a Third Circuit decision upholding an electricity market rule change that took effect despite a commissioner deadlock, arguing the lower court got it right and that any market upheaval concerns are unfounded.

Expert Analysis

  • Exploring Patent Trends In Aerospace Electrification

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    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Illinois EV Charging Act Sparks Developer Concerns

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    A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Opinion

    Streamlined Mine Regulation Is Key For The Energy Transition

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    Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • How IRA Unlocks Green Energy Investments For Tribes

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    An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.

  • Tipsters May Be Key To Financial Regulators' ESG Efforts

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    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission are looking to whistleblowers to assist their climate and ESG task forces, suggesting insider information could be central to the agencies' enforcement efforts against corporate greenwashing, false investment claims and climate disclosure violations, says John Crutchlow at Youman & Caputo.

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