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Energy
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May 02, 2024
Lloyd's Unit Gets Oil Well Repair Co.'s $4.5M Claim Tossed
A Texas federal court tossed an oil well repair company's claim seeking over $4.5 million in additional insured coverage for costs incurred from controlling a blown-out well, finding that the company doesn't have standing to bring an independent claim against the well owner's carrier.
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May 02, 2024
Husch Blackwell Gains Energy Ace From Locke Lord In Austin
Husch Blackwell LLP has strengthened its energy practice with a partner in Austin who has expertise in regulatory matters and who came aboard from Locke Lord LLP.
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May 02, 2024
FTC Clears $60B Exxon Deal With Pioneer Executive Ban
The Federal Trade Commission on Thursday cleared the way for the close of the $60 billion mega-merger between Exxon Mobil Corp. and Pioneer Natural Resources, subject to an agreement barring former Pioneer Natural Resources CEO Scott Sheffield from gaining a seat on Exxon's board.
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May 01, 2024
Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains
Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.
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May 01, 2024
Colonial Pipeline Says Contractor Bungled $22M Ga. Project
A contractor hired to build a $22.4 million fuel terminal for Colonial Pipeline Co. in Georgia owes the company at least $600,000 because of missed deadlines, shoddy workmanship and failing to pay its subcontractors, a new suit alleges.
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May 01, 2024
9th Circ. Slams Door On Kids' Climate Case
The Ninth Circuit ordered an Oregon federal judge Wednesday to immediately dismiss a closely watched suit by young adults against the federal government over the effects of climate change, saying its earlier order to end the matter could not be brushed off.
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May 01, 2024
Crescent Petroleum Wins OK Of $2.75B Award
Iran's state-owned oil company cannot escape having to pay an arbitral award now worth more than $2.75 billion owed to Crescent Petroleum after spending some two years ignoring the Emirati oil company's enforcement lawsuit in Washington, D.C., a federal judge ruled on Tuesday.
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May 01, 2024
Oil Drilling Workers Urge High Court Not To Review PPE Suit
The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.
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May 01, 2024
Fracking Waste Still Festering Near Ohio River, AG Says
Ohio Attorney General Dave Yost urged a Belmont County judge Wednesday to find Austin Master Services in contempt for failing to adhere to the court's preliminary injunction requiring the company to clean up fracking waste stored at its recycling facility by April 17.
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May 01, 2024
Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row
The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.
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May 01, 2024
DC Circ. Torn Over FERC's San Francisco Power Order
D.C. Circuit judges were undecided as to what Congress intended when it grandfathered certain consumers into a power-carrying agreement between San Francisco and Pacific Gas and Electric Co. in 1992, with the company arguing Wednesday that a recent regulatory order would allow far more consumers into the deal than it was meant for.
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May 01, 2024
DLA Piper Adds Ex-Sidley Atty To New Funds Team
DLA Piper on Tuesday announced another addition to its newly formed stand-alone investment funds group, this time a former Sidley Austin LLP partner focused on advising private funds sponsors.
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May 01, 2024
Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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May 01, 2024
Ex-Edison Energy GC, McDermott Atty Joins Troutman In LA
Troutman Pepper Hamilton Sanders LLP is expanding its West Coast infrastructure team, announcing Tuesday it is bringing in a McDermott Will & Emery LLP emerging energy technologies expert who was previously general counsel with Edison Energy Group to be a partner in its Los Angeles office.
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May 01, 2024
PG&E, KKR In Exclusive Talks For Partial Sale Of Power Biz
Pacific Gas & Electric Corp. is in exclusive talks with private equity giant KKR to sell a minority interest in its subsidiary, Pacific Generation LLC, to KKR's infrastructure strategy in a deal that would reduce customer rates by more than $100 million over the next two decades.
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May 01, 2024
Simpson-Led Mosaic Selling $1.5B Stake In Saudi Mining JV
Tampa-based fertilizer producer The Mosaic Co. said it has agreed to sell its 25% stake in a phosphate production joint venture to Saudi Arabian mining firm Ma'aden for more than 111 million shares of Ma'aden worth about $1.5 billion.
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April 30, 2024
PolyMet Must Give Up More Info In Mining Land Swap Suit
A federal judge has declined to sanction a Minnesota mining company in a discovery challenge by the Fond du Lac Band of Lake Superior Chippewa but ordered it to produce certain previously withheld information in the tribe's bid to undo a land swap for copper and nickel mining.
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April 30, 2024
Final Biden Enviro Review Regs Puts Onus On Agencies
The Biden administration on Tuesday finalized its second round of revisions to regulations governing federal agencies' environmental reviews, but how agencies weave the new guidelines into their project permitting processes will be where the regulatory rubber hits the road, experts say.
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April 30, 2024
7th Circ. Backs Costco's Win In Gas Price-Matching Feud
The Seventh Circuit on Tuesday upheld Costco's victory against a dozen Wisconsin gas stations that claimed the warehouse giant sold regular unleaded fuel below a statutory minimum markup price that allegedly caused a decline in revenue, finding no evidence showing that Costco's pricing practices caused the stations a single lost sale.
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April 30, 2024
3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost
The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.
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April 30, 2024
FTC Puts $26B Permian Basin Gas Deal Under Scrutiny
The Federal Trade Commission is taking an in-depth look at the proposed oil and gas merger between Diamondback Energy and Endeavor Energy Resources by issuing a second request for additional information about the deal, according to new securities filings.
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April 30, 2024
EPA, Sunoco Reach $2.4M Deal Over Ohio Oil Pipeline Spill
The U.S. Environmental Protection Agency and the state of Ohio have reached a more than $2.4 million deal with two pipeline companies over the discharge of approximately 450 barrels of crude oil into the Buckeye State's Oak Glen Nature Preserve more than 10 years ago.
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April 30, 2024
Pa. Schools Say Railcar Cos. Must Face Derailment Claims
Pennsylvania school districts have told a federal judge that railcar companies cannot evade allegations they negligently shipped toxic chemicals in retrofitted tank cars during last year's Norfolk Southern derailment in East Palestine, Ohio, saying the environmental and health harms in their communities can be tied to the companies' conduct.
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April 30, 2024
Customers Can't Get Ill. ComEd Bribery Suit Restored
An Illinois state appellate panel refused Monday to reinstate a putative class action accusing Commonwealth Edison of fraud in the wake of the utility's admission that it bribed the former Illinois House speaker to secure his support for favorable energy policy, saying the passage of the relevant legislation wasn't directly related to the bribes.
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April 30, 2024
EPA Chief Faces House Appropriators Hostile To Agency Regs
Former Interior Secretary Ryan Zinke grilled U.S. Environmental Protection Agency Administrator Michael Regan at a congressional budget hearing Tuesday, telling him a new coal-fired power plant emissions rule threatens to increase ratepayer costs.
Expert Analysis
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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.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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FERC Actions Signal Concern Over Investors' Utility Stakes
Two recent orders and a notice of inquiry from the Federal Energy Regulatory Commission on the subject of whether large investors are asserting control of public utilities signal increasing regulatory scrutiny of the investment community's influence over the electric power industry, say attorneys at Day Pitney.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Protections May Exist For Cos. Affected By Red Sea Attacks
Companies whose ships or cargo have been affected by the evolving military conflict in the Red Sea, and the countries under whose flags those ships were traveling, may be able to seek redress through legal action against Yemen or Iran under certain international law mechanisms, say attorneys at Alston & Bird.
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What's On Tap For Public Corruption Prosecutions In 2024
All signs point toward another year of blockbuster public corruption prosecutions in 2024, revealing broader trends in enforcement and jurisprudence, and promising valuable lessons for defense strategy, says Kenneth Notter at MoloLamken.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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The 5 Most Important Bid Protest Decisions Of 2023
Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Securities Class Actions Show No Signs of Slowing In 2024
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.
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Consider A Key Insurance Tool For Environmental M&A Deals
Transactional liability insurance can be a useful risk allocation tool for completing mergers and acquisitions in the renewable energy and climate and clean technology sectors, though policies must be structured carefully to achieve maximum coverage, say Joseph Castelluccio and Paul de Bernier at Mayer Brown.