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April 11, 2024
Deals Rumor Mill: US Steel, Germany's Stada, Paramount
The DOJ opens a probe into Nippon’s proposed $14.9 billion takeover of US Steel, German drugmaker Stada explores a sale, and Paramount and Skydance are hashing out potential deal terms. Here, Law360 breaks down these and other notable deal rumors from the past week.
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April 11, 2024
Alaska Native Village Defends Donlin Gold Mine Approvals
Alaska's Native Village of Crooked Creek threw its support behind the federal government in litigation brought by half a dozen tribes challenging its approvals for a massive open-pit gold mine along the Kuskokwim River in southwest Alaska, saying the project will bring meaningful improvements to Crooked Creek.
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April 11, 2024
Vineyard Wind Project Thoroughly Vetted, Feds Tell 1st Circ.
The federal government on Thursday urged the First Circuit to uphold a Massachusetts federal judge's decision tossing a fishing group's challenge to the Vineyard Wind project, saying it was approved by the U.S. Department of the Interior after extensive analysis.
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April 11, 2024
Judge Recommends State Court For Ore. County Climate Suit
A federal magistrate judge has said an Oregon county's climate change lawsuit against Chevron, Exxon Mobil and other fossil fuel companies should be sent back to state court, rejecting arguments that the complaint was fraudulently crafted to evade federal jurisdiction.
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April 11, 2024
Colonial Oil Fined $2.8M For Violating Renewable Fuel Rules
Colonial Oil Industries Inc. will pay a $2.8 million fine to resolve allegations it dodged federal renewable fuel mandates by selling 100 million gallons of diesel to marine vessels without buying required offset credits, according to a proposed settlement filed in Georgia federal court.
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April 11, 2024
EPA Says Colo. Air Pollution Plan Approval Was Proper
The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.
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April 11, 2024
Judge Won't Rethink Ax Of Tribes 'Cultural Resource' Claims
A Washington federal judge has refused to rethink his dismissal of the Confederated Tribes of the Colville Reservation's claims for "tribal service losses" stemming from a smelter's Columbia River pollution, saying the tribes did not meet the standard required for reconsideration.
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April 11, 2024
US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute
The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed.
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April 10, 2024
GOP Rep. Calls On SEC To Delay Climate Rule Compliance
A Republican congressman said Wednesday that he plans to ask the U.S. Securities and Exchange Commission to push back the compliance timeline for controversial rules governing corporate climate disclosures, indicating that the agency's agreement to temporarily stay the rules' implementation during the course of a legal challenge is not enough.
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April 10, 2024
Full 9th Circ. Asked To Rethink Tanker Seizure Ruling
Several operators of liquid petroleum gas carrier vessels have petitioned the full Ninth Circuit to rethink a circuit panel ruling that a nearly 800-foot crude oil tanker cannot be seized to enforce approximately $10 million in arbitral awards against a defunct gas shipping company.
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April 10, 2024
Landmark PFAS Rule Faces Battles Over Costs And Science
The U.S. Environmental Protection Agency on Wednesday issued the first-ever federal drinking water standards for "forever chemicals," something communities, environmental groups and politicians of both major political parties had been clamoring for. However, experts said the novel rulemaking will attract tough legal battles over implementation costs, supporting science and other elements.
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April 10, 2024
Spain To Face Claim Over Nixed Uranium Processing Plant
Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.
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April 10, 2024
Emissions Rules' Foes May Be Forced To Yield To Automakers
Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.
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April 10, 2024
Spain Can't Nix €28 Million Renewables Award
Spain lost its bid to annul a €28 million ($30 million) arbitral award issued to German energy giant RWE after an international committee rejected Madrid's argument that the tribunal exceeded its powers by opting not to apply European Union law, according to a now-public decision.
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April 10, 2024
Mich. Justices Block Wind Farm's Plan To Expand Near Airport
The Michigan Supreme Court has upheld a local board's decision to block a commercial wind farm expansion, agreeing with a trial judge that zoning officials had marshaled enough evidence that the windmills posed safety risks to aviators.
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April 10, 2024
Diamond Biz Says PE Firm Had 'No Intention' Of Paying Fees
A Canadian diamond polisher is suing the private equity owner of a lab-grown diamond company in Michigan federal court, arguing that Huron Capital Partners promised to help fund new facilities to process the diamonds it was sending despite knowing the company was heading for bankruptcy and would be unable to pay the fees.
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April 10, 2024
Frost Brown Recruits 9 Attys For Denver Launch
Frost Brown Todd LLP said Wednesday it is the latest Big Law firm to launch in Denver, hiring nine mostly real estate attorneys from Moye White LLP, Brownstein Hyatt Farber Schreck LLP and Lewis Roca Rothgerber Christie LLP with plans to double in size by the end of the year.
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April 10, 2024
Class Attys Seek Big Payday For $100M Pattern Energy Deal
Class attorneys are urging the Delaware Chancery Court to approve a $100 million settlement to end state and federal court litigation over Pattern Energy Group Inc.'s $6.1 billion go-private sale in 2020 and award them $26 million in fees for a deal they say is the largest of its kind in the Chancery's history.
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April 10, 2024
Children Fight Feds' Bid To Dodge Constitutional Climate Suit
A group of children has fired back at the federal government's attempt to dismiss its California federal court lawsuit alleging the U.S. Environmental Protection Agency knowingly allows unsafe levels of climate pollution despite the Constitution guaranteeing "a life-sustaining climate system."
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April 10, 2024
EPA Finalizes First-Ever PFAS Drinking Water Standards
The U.S. Environmental Protection Agency on Wednesday announced the final version of its first-ever regulatory limits on "forever chemicals" in drinking water, a move the EPA said will be accompanied by nearly $1 billion in new funding for implementation.
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April 09, 2024
After Uproar, New MDL Rule Advances With Attys Assuaged
Following years of debate and months of outcry, a judicial panel Tuesday approved the first formal rule aimed at improving efficiency and fairness in the nation's burgeoning realm of multidistrict litigation, earning plaudits from placated lawyers in the defense and plaintiffs bars.
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April 09, 2024
Ex-Ohio Utility Chair Dies As Criminal Charges Mount
The onetime chair of Ohio's utility regulator, who was accused of stealing money from FirstEnergy Corp. as part of a bribery scheme behind a controversial $1.3 billion bailout for two nuclear energy plants, died Tuesday in an apparent suicide, the Franklin County Coroner's Office confirmed.
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April 09, 2024
Calif. AG Backs Bill To Revamp 'Abysmal' Corporate Penalties
California Attorney General Rob Bonta gave his full support Tuesday to a state bill that would increase the cap on criminal penalties for corporate malfeasance from the "abysmal penalty" of $10,000 per felony to $25 million, or twice the value of the inflicted loss, and provide all proceeds to California's crime victim services.
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April 09, 2024
What's In The Norfolk Southern $600M Derailment Deal
Last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, reached a litigation milestone Tuesday with the disaster's first major settlement, a proposed $600 million deal with nearby residents and businesses, but the rail giant must still contend with a federal investigation and other lawsuits.
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April 09, 2024
Hawaiian Electric Brass Hit With Suit Over Wildfire Preparation
A Hawaiian Electric Industries Inc. shareholder has alleged in a derivative suit that the company's executives and directors knew that it was not prepared for last year's deadly Maui wildfire, which caused reputational and financial damage to the company.
Expert Analysis
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ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Del. Dispatch: Lessons From Failed ETE-Williams Merger
Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.
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Contracts Disputes Recap: Expect Strict Application Of Rules
Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.
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New Initiatives Will Advance Corporate Biodiversity Reporting
Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.
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How Justices' Disclosure Ruling May Change Corp. Filings
In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Key Terms Of European Hydrogen Bank's 2023 Pilot Auction
The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.
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What US Cos. Should Know About ESG Directives In The EU
Even if U.S. companies don't fall directly within the scope of the EU's directives requiring corporate reporting on human rights and environmental impacts, which will likely be fully enacted next year, they may still be implicated if they are part of an EU business's value chain, so U.S. companies should undertake proactive steps to gain a competitive advantage, say attorneys at DLA Piper.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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5 Ways Maritime Cos. Can Enhance Sanctions Compliance
With economic sanctions evasion in maritime shipping at an all-time high, companies must do more than merely search for parties on sanctions lists to limit the serious legal and commercial risks they may face if compliance efforts fall short, say Jeffrey Orenstein and Catherine Johnson at K&L Gates.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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What ESG Investing Ruling Means For Fiduciaries
A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.