Energy

  • October 12, 2021

    Ex-Braskem CEO Gets 20 Mos. Over Massive Bribery Scheme

    Former Braskem CEO Jose Carlos Grubisich on Tuesday was sentenced to 20 months in prison, following his guilty plea earlier this year to Foreign Corrupt Practices Act violations over a scheme to divert hundreds of millions of dollars from Braskem into a secret slush fund, which was used to bribe Brazilian government officials, political parties and others.

  • October 12, 2021

    Insurers Can Pursue Coverage Suit Against Ex-Chemoil CEO

    A group of insurers can continue to pursue a lawsuit against the former CEO of a marine fuel company, after a New Jersey federal judge ruled Friday that the insurers and their managing general agent have standing to sue.

  • October 12, 2021

    DC Circ. Should Strike Gulf Of Mexico Leases, Groups Say

    Environmental advocates have urged the D.C. Circuit to vacate the Trump administration's decision to auction off swaths of the Gulf of Mexico for oil and gas development, claiming flaws in the 2018 environmental review.

  • October 12, 2021

    Clean Energy Backers Aim To Keep Shine On Ga. Solar Boom

    The growth of solar power in Georgia has clean energy advocates pushing state policymakers to encourage even greater development both big and small, but those efforts may encounter resistance from entrenched utilities as well as cautious lawmakers and regulators.

  • October 12, 2021

    Green Group Urges Justices To Skip Spire Pipeline Fight

    The Environmental Defense Fund has said the U.S. Supreme Court should reject a bid to pause a ruling vacating a key permit for a now-completed St. Louis-area pipeline, arguing there's no reason for the justices to get involved with the pipeline still operating.

  • October 12, 2021

    Bankrupt Entrust Sues Shell Over Texas Winter Storm Cutoff

    In an adversary complaint filed on Monday in Texas bankruptcy court, Entrust Energy accused its electricity supplier Shell of breaching a supply contract in the hours before a catastrophic winter storm hit Texas in February, forcing Entrust to incur $125 million in increased electricity acquisition costs and declare bankruptcy.

  • October 12, 2021

    3 Firms Seek $12M For $45M Deal In Alon-Delek Merger Suit

    Three firms are seeking roughly $12 million in connection with a proposed $44.75 million deal to end a shareholder suit in Delaware Chancery Court alleging that Alon USA Energy Inc. violated stock sales restrictions related to a $545 million acquisition deal with Delek US Holdings Inc.

  • October 11, 2021

    Davis Polk, Skadden Design $11B Emerson-AspenTech Deal

    Emerson Electric will buy a majority stake in AspenTech and merge its own industrial software units into the target in a transaction with an equity value of $11 billion that was crafted by respective legal advisers Davis Polk and Skadden, the companies said Monday.

  • October 08, 2021

    9th Circ. Backs Class Rejection for PACE Borrowers

    The Ninth Circuit has backed a lower court's decision to reject a group of homeowners' class certification bid in their case alleging they were misled before taking out clean energy loans, saying the class definitions were too broad and unspecific.

  • October 08, 2021

    Tesla Stockholders Seek Revamp For Musk Stock Suit In Del.

    Tesla stockholders who challenged founder Elon Musk's 10-year, multibillion-dollar stock option compensation package have asked to drop direct stockholder damage claims, while doubling down on allegations that directors owe damages to the company and seeking invalidation of the grant based on disclosure failures.

  • October 08, 2021

    NY Judge Dumps Challenge To Renewable Project Siting Regs

    A New York state judge dealt the final blow to a challenge of new regulations intended to accelerate the siting and development of renewable energy projects in the state, shutting down several New York towns and advocacy groups' claim the rules violate state environmental law.

  • October 08, 2021

    EPA Begins Process To Restrict Use Of HFCs

    The Biden administration announced Friday it will begin the process of restricting 11 hydrofluorocarbons, the latest step in moving forward with an ambitious rule to drastically reduce the use of harmful chemicals over 15 years.

  • October 08, 2021

    Holland & Knight Atty Calls New Calif. Housing Law Racist

    A California law implemented last year that requires housing projects to undergo an analysis of anticipated vehicle miles traveled by would-be residents is racist and illegal from a civil rights perspective and is also exacerbating the state's housing affordability crisis, one of Holland & Knight's land-use leaders told Law360 in a recent interview.

  • October 08, 2021

    Commerce Readies Steep Duties On Indian Wind Towers

    The U.S. Department of Commerce has doubled down on penalties it assigned certain Indian wind tower producers during the early phase of its dumping and subsidy investigations into the imports, preparing duties as high as 397.7% on recalcitrant companies.

  • October 08, 2021

    Ute Tribe And Ex-Manager Dispute Tribal Court Jurisdiction

    The Ute Indian Tribe asked the Tenth Circuit to strike the latest request by a former employee in his sprawling nine-year search for a jurisdiction that will hear his breach of contract claims, saying he "completely mischaracterizes" legal proceedings in tribal court.

  • October 08, 2021

    Calif. Oil Spill Must Prompt New Drilling Review, Group Says

    The Center for Biological Diversity on Friday vowed to sue the Biden administration if it doesn't examine the effects of California offshore oil spills on endangered species and immediately stop issuing new drilling permits, following an underwater pipeline leak that befouled the Southern California coast.

  • October 08, 2021

    Green Groups Blast Exxon's 'Tortured' Appeal Of $14M Award

    Environmental groups have told the Fifth Circuit that ExxonMobil Corp. is engaging in a "tortured and unsuccessful attempt" to wriggle itself out of a $14 million verdict for pollution violations at a Texas facility.

  • October 08, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Facebook hit with a new copyright claim, retail rivals Next and Matalan go toe-to-toe over clothing designs and currency exchange provider ICE collapse into administration. 

  • October 08, 2021

    Taxation With Representation: Shearman, Latham, Boggs

    In this week's Taxation With Representation, Boston Scientific will buy Baylis Medical, Rigetti Computing will go public by merging with a special purpose acquisition vehicle, and investment firm Stonepeak will buy Teekay LNG Partners LP.

  • October 08, 2021

    Paragon Shareholder Can't Reopen $2.4B Restructuring Plan

    A shareholder in an offshore drilling company has hit a dead end in his attempts to claim compensation following a $2.4 billion restructuring, as a London court ruled on Friday that he couldn't challenge findings that its administration had ended. 

  • October 07, 2021

    Ex-SCANA CEO Gets 2 Years For Nuclear Project Coverup

    The former CEO of South Carolina utility SCANA Corp. was sentenced to two years in federal prison Thursday after pleading guilty to charges of lying to regulators, investors and customers to cover up financial problems with a failed $9 billion deal to build two nuclear reactors.

  • October 07, 2021

    Energy Cos. Spar At FERC Over $1B Transmission Project

    The developer of a proposed $1 billion transmission line told federal energy regulators Thursday that NextEra is obstructing the project by refusing to upgrade a circuit breaker, but NextEra countered that it can't be forced to foot the bill for improvements it won't benefit from.

  • October 07, 2021

    Sudan Targeted In Malaysian Oil Assets Dispute

    Malaysia's state-owned petroleum company has filed a request for arbitration against Sudan after authorities in the northeast African nation moved to confiscate the company's assets amid allegations of corruption, marking only the second known instance of an investor-state claim against the country.

  • October 07, 2021

    Spain Tells DC Judge European High Court Decision Reigns

    Spain urged a D.C. federal judge to defer to a ruling from Europe's highest court that decided Energy Charter Treaty arbitration agreements are invalid, arguing that it's not obligated to follow arbitrators who issued a €101 million ($119.2 million) award to investors.

  • October 07, 2021

    Indian Conglomerate Sues In Del. To End Name Hijackings

    India-based multinational conglomerate Reliance Industries Ltd. sued in Delaware Chancery Court on Thursday to obtain orders barring bogus, like-named ventures from trading on the larger company's name in a widening scheme said to be linked to Russian internet servers.

Expert Analysis

  • EPA, Army Corps Guidance Walks Back Regulatory Certainty

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    Recent guidance from the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers concerning the 2020 water quality certification rule suggests a return to ill-defined project review timelines that give flexibility to authorities at the expense of transparency and regulatory certainty, say Anna Wildeman and Dave Ross at Troutman Pepper.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • How Environmental Litigation Can Block Renewable Projects

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    While renewable energy projects can reduce greenhouse gas emissions, they are not immune from environmental challenges filed by citizens groups, conservation organizations and even competitors — so project developers must plan their environmental and permitting reviews carefully, say Jonathan Brightbill and Madalyn Brown at Winston & Strawn.

  • Vehicle Service Contracts Present Opportunities For EV Cos.

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    As the electric vehicle market grows faster than ever, manufacturers, dealers and even aftermarket participants can use vehicle service contracts to open up new revenue streams and maintain a touchpoint with customers — but contract providers must be aware of applicable laws and regulations, says Matthew R. Wagner at Frost Brown.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Key Anti-Corruption Tips For Green Energy And Tech Cos.

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    With investments in renewable energy and low carbon technologies growing at unprecedented levels globally, companies in these sectors are rapidly expanding into countries that pose high risks under global anti-corruption laws, so executives must plan to carefully vet risky counterparties, contracts and transactions, says Ryan Hartman at Arnold & Porter.

  • What Patent Applications Signal About Green Energy Trends

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    Steadily increasing patent activity related to clean energy technologies suggests that the proportion of energy derived from green sources will also continue to grow — but smaller companies could be locked out of the patent race, even as sustainability becomes an inescapable business imperative, says Greg Sharp at Haseltine Lake.

  • Gulf Coast Offshore Wind: Opportunities And Challenges

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    A recent announcement from the U.S. Department of the Interior signals opportunities for clean energy developers on the Gulf of Mexico outer continental shelf, but offshore wind projects in the region will still face many environmental and technical hurdles, say attorneys at Shearman.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Kentucky Tax Talk: Confusion Over Manufacturing Exemptions

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    The Kentucky Court of Appeals' recent opinion in Century Aluminum v. Department of Revenue grappled with the state's sales and use tax exemptions for machinery, equipment and supplies used in manufacturing — but the decision seems to be at odds with an earlier court ruling, leaving taxpayers with unclear guidance, say attorneys at Frost Brown.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • Opinion

    EU Climate Plan Should Involve Taxing Pollution, Not Borders

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    In order to crack down on greenhouse gas emissions, the European Union proposes to levy carbon emissions at its borders and to overhaul its long-standing energy tax framework, but the latter would hold polluters directly accountable, giving it the better chance for success, says Rebecca Christie at Bruegel.

  • How 6th Circ. May Resolve District Court TCPA Exception Split

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    Depending on how the Sixth Circuit, in Lindenbaum v. Realgy, resolves a district court split over whether severance of the government debt exception to the Telephone Consumer Protection Act excuses otherwise unlawful robocalls, defense counsel may have to seek alternative arguments if they want their cases dismissed, says Arielle Katz at Gibbons.

  • EPA, Army Corps Moves Herald New Enviro Permit Challenges

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    Recent comments from the U.S. Environmental Protection Agency urging analysis of the climate impacts of pipeline projects, and a directive from the U.S. Army Corps of Engineers to analyze environmental justice impacts of a petrochemical facility, indicate that federal environmental permitting is becoming more complex, say attorneys at King & Spalding.

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