Energy

  • September 19, 2022

    DC Circ. Asked To Revisit 'Catch-22' Toss Of FERC Challenge

    Utilities and clean-power advocates have asked the D.C. Circuit to revisit their challenge to a Federal Energy Regulatory Commission order allowing the Midcontinent power grid operator to adopt an allegedly discriminatory rule, arguing a panel's dismissal of the appeal for lack of jurisdiction created a procedural Catch-22 for future petitioners.

  • September 19, 2022

    Gas Tanker Investors Sue Operator For Sinking Fleet Fortunes

    The controlling stockholder of a fleet of liquefied gas tankers has sued two principals of Eletson Gas LLC in Delaware Chancery Court, seeking damages and recovery of cash lost to alleged mismanagement that led to ship seizures and lost opportunities.

  • September 19, 2022

    Colo. Panel Says $26M Award Wrongly Cut In Pipeline Row

    A panel of Colorado appellate judges has reinstated a $26 million jury award against a Denver-based natural gas company, concluding the plaintiff was entitled to a binding jury verdict after a state trial judge reduced the award to less than $1 million.

  • September 19, 2022

    Va. Judge Dismisses Youths' Climate Change Lawsuit

    A Virginia state court judge has dismissed a lawsuit brought by 13 young people claiming the state's continued permitting of fossil fuel infrastructure deprives them of fundamental and inalienable constitutional rights — a ruling the youths plan to appeal.

  • September 19, 2022

    Smoking Ban Row Belongs In Tribal Court, 8th Circ. Hears

    The Three Affiliated Tribes are asking the Eighth Circuit to send back to tribal court a suit alleging WPX Energy Williston LLC employees violated a contractual smoking ban, saying the energy company had not exhausted its tribal remedies before it went to federal court.

  • September 19, 2022

    Interior Says Inflation Reduction Act Moots Oil Lease Fight

    The U.S. Department of the Interior has told the D.C. Circuit that litigation over an offshore drilling lease sale is moot after the recently enacted Inflation Reduction Act directed the agency to reinstate the sale that a lower court previously invalidated.

  • September 19, 2022

    Utilities Say Device Testing Needed In 6 GHz Band

    Several utility groups have urged the Federal Communications Commission to require interference testing as it opens up the 6 gigahertz band for Wi-Fi and unlicensed devices.

  • September 19, 2022

    Exxon Wants Benzene Coverage Fight Back In Texas Court

    ExxonMobil urged a Texas federal court to remand back to state court its suit against AIG Specialty Insurance Co. seeking to avoid tens of millions of dollars in policy retentions related to benzene injury claims, arguing AIG has tried to create diversity jurisdiction by attempting to replace Exxon with another affiliated entity.

  • September 19, 2022

    NJ Reprimands Ex-GC Over Paying Phony Legal Fees

    The New Jersey Supreme Court has reprimanded the former general counsel of Clyde Bergemann Power Group Americas Inc. for trying to evade an investigation into allegations that he had the company pay his wife and his girlfriend for purported legal work that never took place.

  • September 19, 2022

    Steel Firm Says Trucking Cos. Can't Prove It Owes $1.5M

    An Ohio steel company is seeking an early win on certain unpaid invoice claims brought in a pair of suits by two trucking companies, arguing there is no evidence it agreed to pay $1.5 million of the $3.9 million total they are claiming.

  • September 19, 2022

    Catching Up With Delaware's Chancery Court

    Dominoes began to fall last week for the legal team of tech billionaire Elon Musk, as scheduled trials and hearings in multiple Delaware Chancery Court suits banged up against each other. Lawyers for Loews Corp. got their day in court, two cryptocurrency firms squared off over a failed merger, and a vice chancellor ticked "no" on the state's vote-by-mail statute.

  • September 19, 2022

    Porsche IPO Could Raise $9.4B, With Offering Set For Sept. 29

    Volkswagen AG on Monday set a price range for the upcoming initial public offering of its subsidiary Porsche AG that could not only raise up to €9.4 billion ($9.4 billion) and value the luxury vehicle brand at €78 billion, but would represent by far the largest IPO of 2022 to date.

  • September 16, 2022

    Climate Suit Over Shell Fuel Facility Can Proceed, Judge Says

    A Connecticut federal judge on Friday largely kept intact an environmental group's lawsuit accusing Shell Oil Co. units of failing to factor in the risks of climate change at a New Haven, Connecticut, fuel storage facility, trimming only a few claims from the suit.

  • September 16, 2022

    DOJ Wants SEC's Fraud Suit Against Ex-SEC Attorney Paused

    Federal prosecutors in Virginia are asking to intervene in a U.S. Securities and Exchange Commission lawsuit in Texas against an ex-SEC lawyer accused of running a penny stock scheme launched shortly after his release from prison in January 2016 on similar charges.

  • September 16, 2022

    US Gov't Sues Barge Insurer For $6.2M Oil Cleanup

    The U.S. government told a Florida federal court Friday that an insurer must reimburse it the more than $6.2 million it spent in removing more than 147,000 gallons of petroleum products from a barge that held a substantial risk of discharging oil into Tampa Bay.

  • September 16, 2022

    Jones Walker Welcomes New Maritime Litigation Partner

    Jones Walker LLP has added a new partner with more than 20 years of trial experience to its maritime practice group.

  • September 16, 2022

    Judge Trims Calgon Carbon's Pa. Sewage Suit

    A Western Pennsylvania federal judge dismissed claims Thursday by a pair of Pittsburgh-area manufacturers that they are third-party beneficiaries of an agreement with Calgon Carbon Corp. to transport wastewater to a sewage lift station, though he said they can pursue compensation for paying for the wastewater service.

  • September 16, 2022

    Kinder Morgan Broke Insurance Contract, Mixed Ruling Says

    Although Kinder Morgan broke an agreement with TotalEnergies to maintain appropriate insurance at a Texas refinery the company operated for owner Total when a worker there died, it's not clear how much Total was damaged by that breach, a Texas appeals court said.

  • September 16, 2022

    Don't Miss It: Proskauer, Freshfields Guide Week's Hot Deals

    Between Adobe announcing a planned $20 billion acquisition and GE naming board members for its imminent health care spinoff, the week packed plenty of M&A action. But many transactions flew under the radar. Here, Law360 recaps the ones you may have missed, including those steered by Proskauer and Freshfields.

  • September 16, 2022

    Ford Says NJ Pollution Suit Is Premature Amid Cleanup

    Ford Motor Co. called on a New Jersey state court Friday to throw out a natural resource damages lawsuit over its alleged pollution at a Superfund site, saying the state Department of Environmental Protection "unilaterally abandoned" settlement efforts and prematurely filed the case before remediation is finished.

  • September 16, 2022

    Pa. Federal Court Denies New Trial In Energy Trade Secret Suit

    A Pennsylvania federal court refused to reverse a verdict in favor of two former employees of a power trading company who were sued for allegedly misappropriating a strategy algorithm, reasoning that the company failed to show the jury's result was off-base, according to a redacted ruling unsealed Friday.

  • September 16, 2022

    DC Circ. Backs FERC In Colo. Electric Co-Op Fight

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's declaration of exclusive jurisdiction over a Colorado electricity cooperative and its financial fight with member utilities looking to leave.

  • September 16, 2022

    Pa. GOP Can't Challenge Fracking Ban, 3rd Circ. Rules

    Several local Pennsylvania governments and Republicans in the state's Senate lack standing to challenge a four-state compact's ban on hydraulic fracturing within the Delaware River Basin, the Third Circuit affirmed Friday.

  • September 16, 2022

    Tesla Stockholders' Appeal To Del. Supreme Court Delayed

    Tech billionaire Elon Musk's stacked Delaware litigation schedule has prompted a request from his attorneys to postpone a state Supreme Court argument on stockholders' bid to revive their dismissed suit challenging Tesla Inc.'s $2.6 billion purchase of SolarCity Inc. in 2016.

  • September 16, 2022

    Porter Hedges Grows Energy Practice With 2 Partners

    Two former Akin Gump Strauss Hauer & Feld LLP attorneys with practices focused on the energy industry have reunited to join Porter Hedges LLP's Houston office.

Expert Analysis

  • New Constitution In Chile Would Affect Infrastructure Projects

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    If Chile's new draft constitution is approved in next week's referendum, it will significantly alter the state's role in the economy — so investors in infrastructure projects must prepare for the possibility of heighted environmental protections and more state control of natural resources, say Craig Miles and Vanessa Alarcon Duvanel at King & Spalding.

  • Ports And Vessel Owners, Prep For New Calif. Emissions Regs

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    The California Air Resources Board's amended regulation on commercial harbor craft, intended to reduce emissions at California's ports, will apply to a broad range of vessel types, so ports and vessel owners must be ready to meet the updated rule's more stringent requirements, say Robert Smith and Christina Elles at K&L Gates.

  • Opinion

    ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • Pre-Permit Best Practices For Texas Solar Farm Proposals

    Excerpt from Practical Guidance
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    When entering the pre-permit phase to construct and operate a solar farm in Texas, the developer's legal counsel should carefully establish definitions for key terms, including what constitutes an environmental permit, in order to ensure a smooth and flexible review process, says Larry Pechacek at V&E.

  • Shareholder Proposals May Rise After SEC Proxy Changes

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    The U.S. Securities and Exchange Commission’s recently proposed amendments to its proxy oversight rules will narrow companies' ability to exclude shareholder proposals and could cause an increase in proposals submitted for inclusion in proxy voting materials, which means companies will need to reevaluate how they engage with shareholders, say attorneys at Cahill Gordon.

  • How D&O Insurers Can Limit Bankruptcy Exclusion Risks

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    Amid challenging economic conditions, directors and officers underwriters can't always rely on insolvency exclusions to protect against insured's bankruptcy claims, but there are ways to limit risk exposure, like by adding creditor exclusions or sublimiting coverage, say Kristine Christ at Crum & Forster, and Scott Schechter and Joshua DiLena at Kaufman Borgeest.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

  • Anti-ESG Bills Raise Questions For Public Retirement Plans

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    Over the past year, 17 states have proposed or adopted legislation that would limit the ability of the state government to do business with entities that invest based on environmental, social and governance criteria — which could put public retirement plan fiduciaries in a tricky spot as they manage fund investments with these new limitations, say attorneys at Morgan Lewis.

  • New Mass. Law A Step Forward For Offshore Wind

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    Recently enacted legislation in Massachusetts demonstrates the state's commitment not only to its renewable energy and greenhouse gas reduction goals, but specifically to supporting development of offshore wind projects — as well as development of transmission infrastructure to connect those projects to the grid, say attorneys at Day Pitney.

  • Unpacking The New Stock Buyback Tax And Its Exceptions

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    Xenia Garofalo and Kyle Colonna at Eversheds Sutherland discuss provisions of the recently enacted tax on corporate stock repurchases, how its exceptions may be applied and what companies should consider when evaluating the cost of new or existing programs.

  • Pending Bill Could Lead FERC To Issue More Trader Bans

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    The Energy Consumer Protection Act, currently pending in Congress, would give the Federal Energy Regulatory Commission better means for enforcing existing laws against manipulation of natural gas and electric power markets — and could make outright bans on trading a more commonly used enforcement tool, say Levi McAllister and Pamela Wu at Morgan Lewis.

  • Law Of The Case Is More Nuanced Than You May Think

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    The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

  • Engage Associates At Orientation With Thoughtful Activities

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    The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

  • Opinion

    Ill-Conceived Del. Climate Litigation Should Be Dismissed

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    Courts should reject climate lawsuits brought by cities and states — like Delaware v. BP America Inc., recently remanded to state court by the Third Circuit — given the global nature of climate change, the dangers of judges crafting environmental policy and the potential damage to local economies, says J.W. Verret at George Mason University.

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