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Energy
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May 16, 2024
DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost
The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.
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May 16, 2024
Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal
A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.
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May 16, 2024
Metal Co., Supplier Will Pay $14M To Settle NJ Pollution Suit
New Jersey Attorney General Matthew J. Platkin unveiled a $14 million settlement Thursday between the state's Department of Environmental Protection and the once-owners of a former metal etching facility and its supplier for their alleged role in contaminating groundwater with trichloroethylene in northern Bergen County.
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May 16, 2024
Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit
The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.
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May 16, 2024
Clean Energy CEO Gets 6 Years For Forgeries Netting $1.1M
The CEO of a Pennsylvania clean energy company was sentenced to six years in federal prison for defrauding investors out of $1.1 million and falsifying documents to cover his tracks, federal prosecutors announced Thursday.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
New BLM Plans Sunset Federal Coal Leasing In Wyo., Mont.
The U.S. Bureau of Land Management on Thursday unveiled court-ordered, revised resource management plans for coal-rich areas of Montana and Wyoming that end future coal leasing in the regions, a move blasted by congressional representatives of those states.
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May 16, 2024
Oil & Gas Groups Challenge DOI Overhaul Of Leasing Regs
A coalition of oil and gas groups has slapped the U.S. Department of the Interior with a lawsuit in Wyoming federal court seeking to unravel the agency's final rule boosting bonding requirements, royalty rates and minimum bids for its onshore federal oil and gas leasing program.
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May 16, 2024
Citgo Retirees Win Class Cert. In Mortality Table Data Suit
An Illinois federal judge on Thursday conditionally granted class certification to Citgo retirees accusing the fuel company of shortchanging retirees by using outdated metrics to calculate early retirement payouts, but said the class definition must be narrowed further.
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May 16, 2024
In-House Manufacturing Ace Rejoins K&L Gates In Pittsburgh
A top executive at metals manufacturer Arconic Corp. has rejoined K&L Gates LLP as a corporate mergers and acquisitions partner in Pittsburgh, the firm said Thursday.
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May 16, 2024
C3.ai Shareholder Sues In Del., Citing Baker Hughes Pact
A shareholder of artificial intelligence-driven software developer C3.ai Inc. filed a derivative suit in Delaware's Court of Chancery late Wednesday, alleging breaches of fiduciary duty and unjust enrichment related to the California company's strategic partnership with Baker Hughes Co.
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May 16, 2024
Fracking Services Co. Nitro Hits Ch. 11 After IP Trial Loss
Oil and gas fracking services provider Nitro Fluids LLC filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt, months after a jury found it had infringed another company's patents.
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May 16, 2024
V&E Guides Crescent Energy On $2.1B SilverBow Buy
Vinson & Elkins LLP is guiding Crescent Energy Co. on a new agreement to purchase Gibson Dunn & Crutcher LLP-led SilverBow Resources Inc. in a transaction valued at $2.1 billion, the Houston-based energy companies said Thursday.
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May 16, 2024
Treasury Provides Extra Relief For Bonus Energy Tax Credits
The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.
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May 16, 2024
Biden To Restore Tariffs On Bifacial Solar Panel Imports
The Biden administration is lifting a tariff exemption that was granted in 2019 for bifacial solar modules, saying Wednesday that the move will help ensure that imports from China don't undercut U.S. solar manufacturing.
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May 15, 2024
SolarWinds Says SEC's Cyber Breach Suit Goes Too Far
SolarWinds Corp. on Wednesday asked a Manhattan federal judge to throw out the U.S. Securities and Exchange Commission's suit accusing the enterprise software company of deceiving investors about its lax cybersecurity, which left it open to a Russian hacking campaign.
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May 15, 2024
Water Co. To Pay $8.5M Criminal Fine Over Accounting Claims
Wastewater treatment company Evoqua Water Technologies Corp. has reached an $8.5 million agreement with federal prosecutors allowing the company to avoid criminal charges for allegedly inflating the company's revenue by $36 million.
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May 15, 2024
Two Firms To Lead GrafTech Suit Over Environmental Issues
An Ohio federal judge on Wednesday appointed Abraham Fruchter & Twersky LLP and Robbins Geller Rudman & Dowd LLP to lead a shareholder class action against GrafTech International, accusing the electrode-maker of covering up its environmental contamination in Monterrey, Mexico, in the run-up to its initial public offering.
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May 15, 2024
9th Circ. Won't Block Arizona Mineral Drilling Projects
A Ninth Circuit panel on Wednesday refused to block drilling at an exploratory mine in a southern Arizona national forest after a coalition of conservation groups argued the project would threaten imperiled species, finding that the government adequately considered the mine's impact on wildlife.
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May 15, 2024
Iridium Partner Gets Novel FAA Waiver For Beyond-Sight Use
In what satellite phone company Iridium Communications is calling a "watershed moment," the Federal Aviation Administration is allowing one of its partner companies to begin beyond visual line of sight operations, Iridium said Wednesday.
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May 15, 2024
Navajo President Seeks Approval Of Water Rights Settlement
The Navajo Nation's president has urged the federally recognized tribe's council to approve two historic water rights settlements as soon as possible, saying decadeslong negotiations have finally come to an end and now promise to secure funding for critically needed infrastructure.
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May 15, 2024
Peru Ducks $154M Claim Over Seized Gold Shipments
Peru has fended off a Miami-based gold trader's $154 million claim accusing the country of unlawfully seizing its gold shipments, after an international tribunal ruled Tuesday that it lacked jurisdiction and that the trader should be on the hook for all costs in the proceeding.
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May 15, 2024
Russian Gas Ex-CFO Can't Nix $44M FBAR Suit, Judge Rules
The former chief financial officer of a Russian gas company who was sentenced to seven years in prison for hiding money in Swiss banks can't escape the government's civil suit seeking nearly $44 million in reporting penalties, a Florida federal judge ruled Wednesday.
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May 15, 2024
EPA Urges La. Court Not To Broadly Block Civil Rights Regs
The U.S. Environmental Protection Agency has told a Louisiana federal judge that the state's bid to block EPA regulations that involve disparate impact components would inappropriately impact the EPA's authority beyond the state's own agencies.
Expert Analysis
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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New Hydrogen Regulations Show The Need For IP Protections
The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Opinion
Exxon Court Should Clarify Shareholder Proposal Exclusion
ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.
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Challenges Remain In Financing Energy Transition Minerals
COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.
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Exxon ESG Proxy Statement Suit May Chill Investor Proposals
Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.