Energy

  • September 22, 2022

    TPC Must Let All Creditors Reject Releases In Ch. 11 Vote

    A Delaware bankruptcy judge Thursday told TPC Group that it can send its Chapter 11 plan to creditors for a vote, so long as the petrochemical maker's unsecured creditors have the option to vote for the plan but opt out of its legal releases.

  • September 22, 2022

    Deals Rumor Mill: FTX, Instacart, Truth Social

    Crypto exchange FTX may raise $1 billion from investors despite a bearish market, Instacart will sell mostly employee shares in connection with its IPO, and investors backing plans to take Donald Trump's social media platform public are demanding better terms. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • September 21, 2022

    Energy Dept. Will Conduct Efficiency Reviews To Settle Suit

    The U.S. Department of Energy will review energy efficiency standards for consumer and commercial products as early as next year to settle litigation from environmental advocacy groups and 17 states alleging the agency dodged its responsibilities to evaluate dozens of products.

  • September 21, 2022

    Enviros Blast W.Va. Coal Co. Compliance Plan

    Environmental groups in West Virginia have blasted a coal company's plan to comply with federal environmental laws four months after a federal judge held the company in contempt for failing to comply with his order to submit an adequate remediation plan.

  • September 21, 2022

    Manchin Unveils Permitting Reform To Reluctant Congress

    Sen. Joe Manchin on Wednesday released his plan for legislation that would ease the permitting process for infrastructure projects like oil and gas pipelines and electricity transmission lines, but it faces an uncertain future in the divided Congress.

  • September 21, 2022

    Senate Passes Global Treaty To Cut Hydrofluorocarbons' Use

    The U.S. Senate on Wednesday achieved a climate change milestone with a bipartisan vote to ratify an international treaty aimed at reducing the use of hydrofluorocarbons, which have strong global warming effects.

  • September 21, 2022

    McGuireWoods Adds Veteran King & Spalding Litigator In DC

    McGuireWoods LLP has added a litigation partner in Washington, D.C., from King & Spalding LLP with more than 25 years of experience representing multinational companies in commercial and civil litigation and appeals, the firm said Wednesday.

  • September 21, 2022

    Sugar Co. Says Fla. Is Proper Venue For Cuban Port Case

    A sugar company has argued that a shipment of wind turbine gear from China to Cuba needed to pass through a Florida port to back its claim in Florida federal court that a Chinese company owes it $291 million for the delivery.

  • September 21, 2022

    Germany Nationalizes Gas Giant With €8B Cash Infusion

    The German government is planning to nationalize its biggest gas importer, Uniper, with a cash injection of €8 billion ($7.9 billion), the energy giant said Wednesday, as it struggles with supply shortages after the Russian invasion of Ukraine.

  • September 20, 2022

    Wash. Mine Accused Of Over 4,000 Clean Water Act Violations

    A controversial gold mine in Washington state has violated its federal Clean Water Act permit more than 4,000 times in the past eight years, according to a local conservation group, which wants the mine owner held liable in court for its alleged failure to comply with those standards.

  • September 20, 2022

    FERC Says Law Backs Its Defense Of Power Market Rule

    Since Congress considers commissioner deadlocks in the U.S. Federal Energy Regulatory Commission to be the same as agency actions, there's no reason FERC can't actively defend a power market rule change, the commission told the Third Circuit.

  • September 20, 2022

    ArcelorMittal Keeps $1.4B Award Fight With Essar In NY

    A New York federal judge declined to dismiss Luxembourg-based steelmaker ArcelorMittal's suit claiming Indian conglomerate Essar Group shuffled assets to avoid a $1.4 billion arbitration award, rejecting arguments that ArcelorMittal was forum shopping.

  • September 20, 2022

    Group Asks Justices To End 'Musical Chairs' In Pipeline Case

    A group of landowners are asking the U.S. Supreme Court to order a trial court to take up their challenge to a private company's use of eminent domain on the $6 billion Mountain Valley Pipeline project in Virginia and West Virginia.

  • September 20, 2022

    Enviros Sue EPA For Lack of Action On Colo. Air Quality Plan

    An environmental group is suing the U.S. Environmental Protection Agency to compel the agency to take action on Colorado's plan to improve air quality in the Denver metro region, arguing that a "timely review … is necessary to ensure adequate protection of air quality and public health in Colorado."

  • September 20, 2022

    Nikola CEO Tells Jury Founder's Boasts Put Workers On Edge

    Nikola Corp. founder and former CEO Trevor Milton's big claims about the zero-emissions truck company were often untrue and generated turmoil among employees, Nikola's current CEO told a Manhattan federal jury Tuesday in Milton's fraud trial.

  • September 20, 2022

    Holland & Knight Adds Policy Adviser From Dept. Of Energy

    Holland & Knight LLP has bolstered its public policy and regulation group in Washington, D.C., with a senior policy adviser who recently served as a deputy assistant secretary for House affairs with the U.S. Department of Energy.

  • September 20, 2022

    Pillsbury Adds Eversheds Sutherland Energy Duo

    Pillsbury Winthrop Shaw Pittman LLP is growing its energy practice with the addition of two Eversheds Sutherland LLP attorneys, the firm announced Monday.

  • September 20, 2022

    Bracewell Gains Oil And Gas Partner In Houston

    Bracewell LLP has added a partner to its oil and gas practice in Houston who boasts years of experience as in-house counsel in the energy sector.

  • September 19, 2022

    Teck Metals Can't Escape Wash. Tribe's River Pollution Suit

    Tech Metals could not get summary dismissal for claims that it owes damages to the Confederated Tribes of the Colville Reservation and the state of Washington over its pollution of a river, as a Washington federal judge found that the claims are not time-barred.

  • September 19, 2022

    Oilfield Investors Say Mexico Owes $200M For Axed Contracts

    A trio of American companies say Mexico owes them at least $200 million for abandoning their plans to tap a large oilfield, accusing public officials of "retaliatory behavior" that included seeking a hefty performance bond from the companies after giving them a spurious work order.

  • September 19, 2022

    Newsom's Climate Bill Blitz Heralds Calif. 'Aggressive' Action

    California Gov. Gavin Newsom on Friday signed into law a sweeping set of bills aimed at jump-starting the state's commitment to enacting some of the country's most aggressive climate measures, including cutting air pollution, reducing state oil consumption and pivoting to clean energy.

  • September 19, 2022

    Faraday Investors Sue For Board Change In Two Del. Suits

    Shareholders in electric-car maker Faraday Future Intelligent Electric Inc. filed separate suits in Delaware Chancery Court on Monday seeking in one case to compel an annual shareholder meeting to elect directors and in the other to remove two board members for allegedly driving the company into the ground.

  • September 19, 2022

    Judge Told Nev. Power Plant Threatens Endangered Toad

    The federal government's approval of a Nevada geothermal power plant must be wiped out because regulators clearly ignored the project's risks to the endangered Dixie Valley toad, a Native American tribe and an environmental group told a Nevada federal judge.

  • September 19, 2022

    Mediation Fails In Hess Corp.'s Asbestos Unit Ch. 11 Case

    Hess Corp. unit HONX Inc. told a Texas bankruptcy judge Monday that its efforts to mediate asbestos injury claims failed and that the debtor wants to move forward with a Chapter 11 plan process that includes a claims estimation process.

  • September 19, 2022

    Bondholders Seek Receivership For Puerto Rico Utility

    Holders of bonds issued by Puerto Rico's public electrical utility Monday told a federal judge the time has come to put a stop to the five-year effort to restructure the agency after the island's fiscal oversight board announced that plan talks with the bondholders had broken down.

Expert Analysis

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • Decarbonizing Crypto Mining With Nuclear Power

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    Cryptocurrency's energy use is immense, giving it a large carbon footprint at a moment when the entire world is looking to decarbonize — so nuclear energy, with its carbon-free profile and other favorable characteristics, could help turn crypto mining green, say Amy Roma and Stephanie Fishman at Hogan Lovells.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • How Inflation Reduction Act Will Lift Offshore Wind Projects

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    The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief

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    The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.

  • Inflation Reduction Act A Boon To Hydrogen, Carbon Capture

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    The Inflation Reduction Act's tax credits and direct payments, extension of existing renewable electricity subsidies, and other benefits will accelerate hydrogen and carbon capture projects across the U.S. — and will likely draw capital into the country that would otherwise have gone to projects elsewhere, say attorneys at Shearman.

  • Antitrust Road Map To Vertical Integration Of Latest Car Tech

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    Automakers and manufacturers joining the newly active vertical integration of electric and autonomous car technology should prepare for antitrust inquiry, with analysis including documentation of a pro-competitive narrative, say Amanda Wait and Timothy Chung at Norton Rose.

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

  • Beware Broad Scope Of Gov't Contract PAC Contribution Ban

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    With the midterm elections quickly approaching, businesses looking to contribute to independent expenditure-only political action committees should note the broad definition of "government contract" in a spate of recent federal enforcement actions finding campaign law violations, say attorneys at Akin Gump.

  • Practical E-Discovery Lessons From The Alex Jones Case

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    The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

  • Opinion

    Climate Plaintiffs Can't Pin Harms On Specific Fossil Fuel Cos.

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    States and municipalities are currently pursuing dozens of climate lawsuits aiming to hold fossil fuel companies accountable for extreme weather events — but these claims are unfair and unlikely to succeed, given the global nature of the problem and the traceability and causation requirements of the tort system, says Donald Kochan at George Mason University's Antonin Scalia Law School.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

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