Energy

  • August 16, 2024

    The Biggest Texas Rulings Of 2024: A Midyear Report

    Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.

  • August 16, 2024

    SEC Climate Rules Backed By Wave Of Amici At 8th Circ.

    The U.S. Securities and Exchange Commission has received a wave of support for its recently adopted climate disclosure rules from various consumer advocacy, environmental, investor and academic groups, which told the Eighth Circuit the measures are necessary and within the agency's authority.

  • August 16, 2024

    Stay Lifted On $110M Coal Co. Suit As Arbitration Drags On

    A Missouri federal judge has grudgingly lifted a pause on litigation between several insurance companies and a St. Louis coal producer after its mines sustained more than $115 million in fire damage, saying it can pursue claims against domestic insurers separately from insurers seeking arbitration.

  • August 16, 2024

    Feds To Appeal Platinum Win Over Zero Loss, Count Toss

    Federal prosecutors have notified the Second Circuit that they'll appeal a judge's findings that the loss amount in the case of Platinum Partners co-founder Mark Nordlicht was zero and the wire fraud conspiracy counts against Nordlicht and another would be dismissed, despite Nordlicht's conviction.

  • August 16, 2024

    Nikola, Romeo Power Targeted In Del. Derivative Complaint

    A former Romeo Power Inc. stockholder has launched a double derivative suit seeking derivative damages from nine former Romeo directors and officers in part through derivative claims via Nikola Corp., which acquired Romeo in August 2022 for a fraction of the company's once $1 billion-plus valuation.

  • August 16, 2024

    Deal Struck After Jury Clears US Well On Halliburton Patents

    U.S. Well Services LLC and Halliburton Energy Services Inc. have agreed to a settlement in principle to resolve their long-running patent infringement dispute, which has seen several patents invalidated, according to a joint motion the parties filed after a jury cleared U.S. Well of infringing three still-registered Halliburton patents.

  • August 16, 2024

    6th Circ. Won't Rethink Sending Pipeline Fight To Mich. Court

    The Sixth Circuit stood by a decision to send a lawsuit seeking to shut down an Enbridge Energy LP crude oil and natural gas pipeline back to a Michigan state court Friday, denying Enbridge's request for a hearing in front of the full appellate court.

  • August 16, 2024

    9th Circ. Upholds Tribe's Win In Washington Dam Suit

    The Ninth Circuit on Friday upheld an order requiring that a Washington hydroelectric company alter its rock pile dam on the Puyallup River, handing another win to the Puyallup Tribe of Indians, which says the dam is threatening several species of endangered fish.

  • August 16, 2024

    New Study Sought On Uranium Mine Near Grand Canyon

    Arizona Attorney General Kris Mayes is asking the U.S. Forest Service for an updated environmental impact study on the state's only working uranium mine at the center of a dispute with the Navajo Nation, saying the original assessment is based on outdated information about risks to the region's groundwater.

  • August 16, 2024

    Voters' Bid To Revive Ga. Election Suit Slammed As Hail Mary

    Georgia Secretary of State Brad Raffensperger is asking a federal judge to "make clear" a case alleging a biased system to elect Georgia Public Service Commission members "is over," as Black voters behind the suit fight to keep it alive.

  • August 16, 2024

    V&E Can Advise Wood Pellet Co. Enviva In Ch. 11, Court Says

    Months after a Virginia bankruptcy court blocked Vinson & Elkins LLP from representing Enviva in the wood pellet maker's Chapter 11 case due to a possible conflict of interest, the court has reversed course, permitting the law firm to serve as special counsel after it pledged to narrow the scope of its work.

  • August 16, 2024

    6th Circ. Nixes Union Local's Win In Steel Co. Benefit Row

    The Sixth Circuit has reversed a judgment that a reinforced-steel contractor owes about $2 million in unpaid fringe benefit contributions to journeymen who traveled from other states to work on a project in Michigan, finding there was insufficient evidence to support the award.

  • August 16, 2024

    DC Circ. Rolls Back Pipeline Safety Rules

    The D.C. Circuit on Friday threw out a handful of new safety standards for gas transmission pipelines set by the U.S. Department of Transportation, ruling that federal regulators failed to explain why their benefits outweighed their costs.

  • August 16, 2024

    Kentucky Couple Sue Progressive Over Coal Mine Subsidence

    A couple told a Kentucky federal court that Progressive denied coverage for coal mine subsidence damage to their home in bad faith, saying the insurer did so despite having access to records showing that the state authorized a $1.8 million project to help fix that very subsidence.

  • August 16, 2024

    Pa. Energy Fund Ducks Class Claims Over Data Breach

    A federal judge trimmed most of the claims from a data breach lawsuit against Dollar Energy Fund Inc., including those of a plaintiff seeking to represent similarly situated customers whose personal information was stolen but not yet used.

  • August 16, 2024

    DC Circ. OKs Energy Cos.' $395M Spain Award Suits

    The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.

  • August 16, 2024

    Connecticut Legislation Passed In 2024: A Midyear Report

    While Connecticut workers may rejoice over a major expansion of paid sick leave that will begin to roll out next year, businesses will need to spend some time and effort getting ready to implement the new law, attorneys told Law360.

  • August 15, 2024

    DC Circ. Explains Toss Of EPA's Biofuel Exemptions Denial

    The Environmental Protection Agency's narrow interpretation of what defines an economic hardship wrongly shut dozens of small oil refineries out of receiving federal renewable fuel blending requirement exemptions, according to a per curiam D.C. Circuit opinion unsealed this week.

  • August 15, 2024

    Judge Rejects GE's Bid To Pull Plug On Contamination Suit

    A Louisiana federal judge on Wednesday refused to let General Electric escape a lawsuit alleging it is liable for widespread environmental contamination caused by a now-closed pressure valve manufacturing facility that GE used to own.

  • August 15, 2024

    Pa. Utility Regulator Insists It Can Reject Grid Project

    The Pennsylvania Public Utility Commission is urging the Third Circuit to reinstate its denial of a transmission project regional grid operator PJM Interconnection approved, saying the Federal Power Act and PJM's tariff can't be used to override its rejection of a "wasteful and counterproductive project."

  • August 15, 2024

    Interior Department Grants $775M To Plug Oil And Gas Wells

    The U.S. Department of the Interior said it's making up to $775 million available for 21 eligible states to plug orphaned oil and gas wells to curb harmful methane leaks and reduce risks to the environment and public health.

  • August 15, 2024

    Deals Rumor Mill: Paramount, Blackstone, Starbucks

    The heir to Canadian liquor purveyor Seagram is preparing a bid for Paramount's parent company, Blackstone explores a potential $2.6 billion sale of Clarion Events, and activist investor Starboard sets sights on Starbucks. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • August 15, 2024

    Connecticut Watchdog Calls For Action On Utility 'Rate Shock'

    A Connecticut consumer rights watchdog agency has asked the state's utility regulator to reverse rate hikes that it recently approved for major energy companies or to take other actions to prevent future "rate shock" for state residents.

  • August 15, 2024

    Gas Co. Tells Chancery Texas Settlement Spikes Pipeline Duty

    A settlement and Texas court's direction to vacate an earlier arbitration award has revived an Energy Transfer LP subsidiary's bid to scuttle a Delaware Court of Chancery order requiring it to build costly, high-pressure natural gas pipelines for free.

  • August 15, 2024

    Levi & Korsinsky To Lead Hertz EV Cost Shareholder Suit

    Levi & Korsinsky LLP will represent a proposed class of investors in car rental giant Hertz Global Holdings Inc. in litigation alleging it exaggerated demand for electric cars, then took a $200 million earnings hit as it worked to offload those cars.

Expert Analysis

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • IP Considerations For Companies In Carbon Capture Sector

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    As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • 8 Questions To Ask Before Final CISA Breach Reporting Rule

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    The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • A Recipe For Growth Equity Investing In A Slow M&A Market

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    Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

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    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

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