Energy

April 03, 2024
Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue

The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.
April 03, 2024
EU Probing Solar Project Under Foreign Subsidy Rules

European enforcers launched a pair of investigations Wednesday to assess whether companies bidding on a solar project in Romania received an unfair advantage through foreign subsidies.
April 03, 2024
Chubby Checker Boyhood Home To Sell In Ponzi Receivership

The childhood home of acclaimed '60s rock-and-roller Chubby Checker will get a new owner after a Texas federal court found that a sale is in the best interest of a receivership in a $185 million alleged Ponzi scheme involving two precious metals dealers who swindled senior citizens.
April 03, 2024
Retailer BJ's Joins Fight Against Conn. Power Lines Project

BJ's Wholesale Club Inc. has joined a sprawling legal fight challenging a Connecticut state agency's approval of an electric transmission line replacement project along the Metro-North railroad corridor in Fairfield and Bridgeport, adding its own lawsuit to a stack of litigation by local governments, churches and others.
April 03, 2024
NJ Judge Grants Initial OK Of $2.7M EV Maker Investor Deal

A New Jersey federal judge granted preliminary approval to a $2.7 million deal between investors and executives of an electric vehicle company after it went bankrupt, after finding his prior hesitations concerning the deal's notice plan had been resolved.
April 03, 2024
Industry Groups Ask DC Circ. To Toss EPA Smog Plan

Industry groups have urged the D.C. Circuit to strike down the U.S. Environmental Protection Agency's plan to reduce smog-forming emissions in several states, saying the federal agency cannot forge ahead with a diminished version of the regulations.
April 03, 2024
NY High Court Ruling Significance Debated In $2B Note Suit

VR Capital and Venezuela's state-owned oil company, Petroleos de Venezuela SA, both told a federal court on Tuesday that a ruling from New York's highest court, which cleared a path for PDVSA to argue that nearly $2 billion in defaulted notes are invalid under its domestic law, benefits their case.
April 03, 2024
Pool Pump Co. Says 3rd Circ. Must Vacate New Energy Rule

Pool products maker Zodiac Pool Systems LLC went to the Third Circuit Wednesday to challenge a new U.S. Department of Energy rule that the company says goes beyond the department's legal authority by setting energy conservation standards for pool pumps, which Zodiac asserts are exempt from such regulations.
April 03, 2024
Enviro Group Sues DOE Over $1.1B Diablo Canyon Award

Environmental group Friends of the Earth slapped the U.S. Department of Energy with a complaint in California federal court seeking to unravel the agency's $1.1 billion award for the continued operation of the state's last remaining nuclear power plant.
April 03, 2024
5th Circ. Unsure Miners Can Escape Pecan Farm Flood Verdict

Fifth Circuit judges on Wednesday suggested that the owner of an open gravel mine on the bank of the Colorado River could have a tough time in its bid to avoid responsibility for devastating flooding at a pecan farm across the river.
April 03, 2024
Gov't Says Alaska Gold Mine Approvals Should Stand

The U.S. government is defending its approvals for a large open-pit gold mine along the Kuskokwim River in southwest Alaska, telling a federal judge a half dozen tribes challenging them fail to show that agencies did not take the required "hard look" at project impacts.
April 03, 2024
Top 10 Deals Of Q1 Led By GE Energy Spinoff, Capital One

It may be wishful thinking to imagine that earlier hopes for a major rebound in 2024 mergers and acquisitions activity will pan out, but by many indications the year was at least off to a better start than 2023.
April 03, 2024
Oil Company Says Judge's Recusal Not Needed In Cartel Suits

Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.
April 03, 2024
Akin Adds Former Hunton Energy Leader In Houston

Akin Gump Strauss Hauer & Feld LLP announced Wednesday that it has bulked up its Houston roster with a partner who previously led the energy transactions practice at Hunton Andrews Kurth LLP.
April 02, 2024
Gas Tycoon Owes $100M To UBS, Lenders After Trial Loss

Energy titan Charif Souki owes more than $100 million to lenders, including a fund managed by a UBS division, a U.S. bankruptcy judge has ruled, rejecting Souki's claims that his lenders recklessly sold off collateral posted for the loan, including a luxury yacht, a Colorado ranch and shares of his liquefied natural gas export business Tellurian Inc.
April 02, 2024
3rd Circ. Preview: Black Lung, Back Pay On Tap In April

The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.
April 02, 2024
Utility Cos. Must Face Uri MDL Gross Negligence Claims

Transmission and distribution utility providers can't escape allegations they were grossly negligent in cutting off power to Texans during winter storm Uri, a Texas state appeals court ruled Tuesday in an opinion that keeps intact only two claims against the companies in the multidistrict litigation created to handle consumer actions from the severe weather event.
April 02, 2024
Tesla Pushed On La. Antitrust Claims In 5th Circ.

Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.
April 02, 2024
Insurer Sues For Oxbow Director Legal Fees In Crestview Suit

An insurer for two former Oxbow Carbon LLC directors sued the company in Delaware's Court of Chancery on Monday seeking recovery of millions paid to defend the pair in a long-running battle dating to 2016 over investor efforts to force a sale of the multifaceted energy company.
April 02, 2024
4 Mass. Rulings You May Have Missed In March

A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.
April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule

The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
April 02, 2024
Adams And Reese Can't Use Free Speech Law To Avoid Suit

In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.
April 02, 2024
Former Trump EPA Leader Joins Holland & Hart In DC

Holland & Hart LLP has added the leader of the U.S. Environmental Protection Agency under the Trump administration to its Washington, D.C., office as part of the firm's strategic growth in the country's capital.
April 02, 2024
3 Firms Guide Safety Testing Group UL's Estimated $770M IPO

Safety science company UL Solutions Inc. on Tuesday unveiled a price range for an estimated $770 million initial public offering under the guidance of three law firms, marking the third company to launch IPO plans this week.
April 02, 2024
Another Judge Says Feds Overstepped With GHG Rule

A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.

Expert Analysis

Opinion

What Insurers Gain When Litigating Coverage Denials

Lately, insurance companies have denied coverage for lawsuits alleging liability relating to the ordinary operations of highly regulated businesses, such as those in the pharmaceutical and energy sectors — demonstrating time and again how litigation can be a vehicle for carriers to mitigate their own costs, say attorneys at Reed Smith.
After Headwinds, 2024 May See Offshore Wind Momentum

Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
How State AGs Process And Prioritize Consumer Complaints

Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.
10 Issues To Watch As ESG Remains Alive And Well In 2024

Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Considerations for In-House Counsel Before Testing For PFAS

In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Analyzing 1 Year Of Comments On FTC's Green Guides

A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.
Opinion

Animal Rights Are About Saving Nature, And Our Own Future

The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Top 10 Whistleblowing And Retaliation Events Of 2023

The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
Clean Water Act Jurisdiction Still Murky After A Choppy 2023

This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.