Energy

  • May 08, 2024

    BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

    The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

  • May 08, 2024

    Hawaii Utility Seeks Exit From Shareholder Suit Over Maui Fire

    Hawaiian Electric Industries Inc. has asked a California federal judge to toss an investor suit over a downturn in the company's stock price after a deadly fire broke out on Maui, saying it did not mislead investors about efforts to mitigate fire risk or completely outrule the risk of fire.

  • May 08, 2024

    6th Circ. Questions FERC's Moves On Ohio Utility Grid Perk

    A Sixth Circuit panel on Wednesday questioned the role of a rate perk given to transmission companies for choosing to join a regional transmission organization as it weighed the Federal Energy Regulatory Commission's decision to yank the incentive for several Ohio utilities while preserving it for others.

  • May 08, 2024

    Tesla Slams Class Bid For Musk Shares Lockdown In Del.

    Attorneys for Elon Musk and Tesla Inc. and its board have blasted class attorney motions to sequester billions worth of the automotive company's shares as an improper attempt to shield a nonfinal court ruling on Musk's 10-year compensation plan and as potential interference in a Tesla bid to reincorporate in Texas.

  • May 08, 2024

    Fed. Circ. Denies Siemens' Bid For Navy Energy Audit Costs

    The Federal Circuit ruled Wednesday that the U.S. Navy doesn't owe a Siemens unit $5.7 million for costs the company incurred to investigate potential energy savings measures at two military installations, saying a related contract clearly didn't cover those costs. 

  • May 08, 2024

    GAO Backs DLA's Sole-Source Fuel Deal With Iraqi Contractor

    The U.S. Government Accountability Office has dismissed a Virginia company's protest of a jet fuel contract the Defense Logistics Agency awarded to an Iraqi competitor, saying the protester's challenge of the deal was based on factual inaccuracies.

  • May 08, 2024

    4th Circ. Says Purpose Of Inmate Labor Affects Classification

    The primary purpose of prisoners' work at a Baltimore County recycling plant should determine whether a group of incarcerated people were employees under federal law, a Fourth Circuit panel ruled Wednesday, rejecting the county's view that any amount of rehabilitative-oriented work spared it from minimum wage obligations.

  • May 08, 2024

    Auto Cos. Brace For EV Battery Compliance Hurdles

    New federal regulations aimed at shoring up the domestic electric vehicle manufacturing supply chain give automakers a much-needed two-year cushion to navigate a compliance minefield, and to figure out how to reinvigorate the recent waning consumer demand for electric vehicles.

  • May 08, 2024

    Oil Field Workers File Proposed Class Suit Over Unpaid Wages

    Three oil field workers have slapped their employers with a proposed collective and class action in Texas federal court accusing the companies of failing to pay overtime and straight-time wages to hourly, day rate and salaried workers in violation of the Fair Labor Standards Act.

  • May 08, 2024

    Chevron's $52M Iran Oil Seizure Loss Not Covered, Court Told

    Three insurers have told a California federal court they owe no coverage to Chevron under separate marine cargo and war risks policies after the oil giant said the Iranian military seized a vessel carrying nearly $52 million worth of Chevron's crude oil in retaliation for U.S. economic sanctions.

  • May 08, 2024

    DOE Unveils Preliminary National Transmission Corridors List

    The U.S. Department of Energy unveiled Wednesday a preliminary list of 10 national interest electric transmission corridors as part of its plan to accelerate the development of transmission projects in areas with urgent need for expanded capacity.

  • May 07, 2024

    Climate Cases Haven't Hurt Oil, Gas Credit Quality, S&P Says

    Climate change litigation has skyrocketed over the past 10 years, increasing climate litigation risk, but the credit quality of the oil and gas sector has remained unaffected, S&P Global Ratings concluded in a report published Tuesday.

  • May 07, 2024

    Federal Courts Choosing To Stay Out Of Texas Grid Fights

    The Fifth Circuit has again refused to wade into fights over actions taken by Texas' grid operator during a 2021 winter storm, further underscoring federal courts' reluctance to disturb the historic independence of the Lone Star State's electricity sector, attorneys say.

  • May 07, 2024

    Bloom Energy Gets Final OK For $3M Settlement Over IPO

    A California federal judge has granted final approval to a $3 million settlement between Bloom Energy Corp. and investors to resolve claims that the company, its leadership and underwriters for its initial public offering misrepresented or omitted key information in the IPO registration statement.

  • May 07, 2024

    Uniper Looks To Nix Russian Court's Anti-Arbitration Order

    German energy company Uniper has appealed a Russian court ruling threatening a multibillion euro fine if it continues to pursue an arbitration claim in Sweden that accuses the Russian company Gazprom of reneging on a contract to deliver gas, the company said Tuesday.

  • May 07, 2024

    Duke Energy Rival Stresses Holistic View Of Monopoly Suit

    Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.

  • May 07, 2024

    Venable Trade Co-Chair Shares Hot Takes On US Steel-Nippon

    Back in December, Venable LLP partner Ashley Craig, co-chair of the firm's international trade group, spoke with Law360 just after U.S. Steel disclosed its agreement to be sold to Nippon Steel. Now, he shares his thoughts on the latest developments, including the White House coming out forcefully against the deal and the U.S. Department of Justice launching a probe into it.

  • May 07, 2024

    PolyMet Land Swap Discovery Order Paused, For Now

    PolyMet Mining doesn't have to produce information it had previously withheld in a Minnesota tribe's challenge to undo a land swap, a federal district court determined after the company asked for emergency relief to avoid any potential harm it said could come from wrongfully disclosing privileged documentation.

  • May 07, 2024

    Shell Violated Order By Refusing Docs, Enviro Group Says

    Shell Oil Co. violated a federal court order and civil procedure rules by raising "artificially restrictive and hypertechnical interpretations" of discovery demands in a Conservation Law Foundation Inc. lawsuit over the petroleum producer's preparedness for floods, the environmental watchdog group has told a Connecticut judge.

  • May 07, 2024

    Top Dem Cuts Cuellar Slack Not Given Santos, Menendez

    House Democratic leadership has continued its defense of Rep. Henry Cuellar, D-Texas, following the recent bribery indictment against him and his wife, saying the situation is different from the indictments last year against Rep. George Santos, R-N.Y., and Sen. Bob Menendez, D-N.J.

  • May 07, 2024

    Energy Dept. Says Red States Can't Block LNG Export Pause

    The U.S. Department of Energy has asked a Louisiana federal judge to toss a group of Republican-led states' lawsuit challenging a pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying the states have created a "false narrative" about the move.

  • May 06, 2024

    New EPA Policy Could Increase Criminal Enforcement

    The U.S. Environmental Protection Agency has rolled out a new policy intended to foster communication and coordination between its civil and criminal enforcement offices, a move experts say could result in an increase in criminal investigations and cases.

  • May 06, 2024

    Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling

    Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.

  • May 06, 2024

    Cabot Settles Investor Suit Over Groundwater Pollution Claims

    Cabot Oil & Gas Corp. and a class of investors have reached a settlement resolving allegations the company misrepresented its environmental regulatory compliance before faulty gas wells polluted Pennsylvania's water supplies.

  • May 06, 2024

    Feds' Emissions Subsidy Args Lack Specificity, Says Judge

    The U.S. Court of International Trade affirmed the government's analysis on two of three criteria required to label South Korea's emissions credit system a countervailable subsidy, but it said the U.S. Department of Commerce came up short on specificity.

Expert Analysis

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • 3 Strategies For Aggressive Judgment Enforcement

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    As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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