Energy

  • January 24, 2022

    The Leaderboard: Tracking A Firm's Litigation Footprint

    Follow a firm’s litigation footprint in federal district courts across the country with our interactive chart.

  • January 24, 2022

    COVID Fuels Top Firms' Priorities In 2022

    As firms set their goals for 2022, it seems that the COVID-19 pandemic is once again embedded in where the legal industry is going next. Here are three key priorities for firms as they move into yet another year shaped by COVID-19.

  • January 21, 2022

    GrafTech Investor Loses Del. Suit Over $250M Share Buyback

    The Delaware Chancery Court tossed a GrafTech International Ltd. stockholder's lawsuit Friday that sought to disgorge $250 million gained in an allegedly conflicted, insider-controlled share repurchase and block trade, finding that the majority of GrafTech's board members weren't conflicted, and that a stockholder demand should have been lobbed before suing in court.

  • January 21, 2022

    Feds, Mining Cos. Ink $90M Deal In Gold King Mine Spill Suit

    Four federal agencies and two mining companies announced a $90 million settlement agreement to put an end to multidistrict litigation regarding a 2015 contamination incident at the Gold King Mine where 3 million gallons of toxic acid drainage infiltrated local rivers.

  • January 21, 2022

    Wyoming, Montana Back Bid To End Suit Against Coal Leasing

    Wyoming and Montana have thrown their weight behind an effort to kill a lawsuit filed by environmentalists who want the Biden administration to put an end to federal coal leasing, arguing that the revocation of a Trump-era order makes the case moot.  

  • January 21, 2022

    CIT Affirms Revised Subsidy Analysis In S. Korean Steel Brawl

    A U.S. Court of International Trade judge on Friday closed the latest chapter in a long-running dispute over whether South Korean authorities subsidized electricity for steel producers, accepting the U.S. Department of Commerce's updated reasoning for foregoing countervailing duties.

  • January 21, 2022

    Citgo Share Sale Off The Table For Now, Feds Say

    The Biden administration has barred the holders of some $1.9 billion in defaulted Venezuelan bonds from executing a sale of shares in Citgo's parent company held by the country's state-owned oil company until 2023.

  • January 21, 2022

    Emirati Family Says $90M Award Suit Doesn't Belong In NY

    An Emirati family is trying to dodge litigation filed by Cessna in New York federal court to enforce a $90 million arbitral award stemming from a defaulted business jet lease deal, taking aim at a "concocted" fraudulent transfer theory that they claim comes up short on jurisdiction.

  • January 21, 2022

    DC Circ. Judge Seems Fine With FERC OKing $2.1B Pipeline

    A D.C. Circuit judge on Friday indicated she's satisfied with the Federal Energy Regulatory Commission's reason for granting Nexus Gas Transmission LLC eminent domain authority for its $2.1 billion pipeline to export natural gas to foreign markets, pointing to the project's domestic benefits.

  • January 21, 2022

    NY Fiber Co. To Pay $5M Over 'Unsafe' Pole Attachments

    New York's utility regulator has reached a $5 million settlement with a fiber optic internet service provider in Rochester over alleged violations of utility pole attachment rules, a sum of money the state said will help to develop broadband in the region.

  • January 21, 2022

    VW To Pay $3.5M To Settle Ohio Emissions Tampering Claims

    Volkswagen AG will pay $3.5 million to end Ohio's claims alleging that the German automaker violated state environmental and anti-tampering laws through its 2015 "clean diesel" emissions-cheating scandal, Ohio's attorney general announced Friday.

  • January 21, 2022

    DC Judge Won't Move Offshore Oil Lease Challenge To La.

    A D.C. federal judge has rejected the state of Louisiana's attempt to move a lawsuit filed by environmentalists against the federal government's sale of Gulf of Mexico oil drilling rights to the Western District of Louisiana, ruling that the suit couldn't have been filed there in the first place.

  • January 21, 2022

    US, EU End WTO Battle Over Security Tariffs

    The United States and the European Union walked away from dueling cases over Trump-era national security tariffs on steel and aluminum and Brussels' retaliatory measures, following last year's breakthrough steel deal, according to World Trade Organization filings published Friday.

  • January 21, 2022

    House Climate Deception Probe Ensnares Oil Co. Directors

    U.S. House Oversight Committee leaders have asked board members from Chevron, ExxonMobil, BP and Shell to testify for an investigation into whether the fossil fuel industry has intentionally blocked climate change action to protect their businesses.

  • January 21, 2022

    Energy Group Of The Year: Baker Botts

    From clean energy transmission projects and power purchase agreements to multibillion-dollar oil and gas mergers, Baker Botts LLP's deal-making work throughout the energy sector has earned it a repeat spot among Law360's 2021 Energy Groups of the Year.

  • January 20, 2022

    FERC Dems Press Case For Pipeline Approval Policy Overhaul

    The Federal Energy Regulatory Commission on Thursday refused to yank its approval of a pipeline compressor station beset with safety problems, but Democratic commissioners said the issue highlights the need to boost consideration of environmental impacts in a looming revision of the agency's pipeline approval policy.

  • January 20, 2022

    Mining Co. Surrenders Rights To Skagit River Parkland Area

    British Columbia said it has reached an agreement with Imperial Metals Corp. to leave untouched an area between two parks at the headwaters of the Skagit River, saying the company's surrender of mining rights there will protect wild salmon runs that Indigenous communities depend on.

  • January 20, 2022

    EPA Says Fuel Importer Violated Clean Air Act

    The U.S. Environmental Protection Agency on Thursday claimed that an upstate New York petroleum distributor that distributed gas to Native American tribes violated Clean Air Act standards for years, and wants to hold the company accountable.

  • January 20, 2022

    Nigeria Doesn't Have Immunity In $10B Award Suit, U.S. Says

    Nigeria cannot claim sovereign immunity in litigation to enforce a $10 billion arbitral award against it even though the award was set aside in its courts, the Biden administration told the D.C. Circuit on Wednesday, urging the appeals court to reject that defense.

  • January 20, 2022

    Holland & Knight Hires 2 Partners To Energy, Finance Teams

    Two former Troutman Pepper partners have recently joined Holland & Knight LLP as the firm seeks to strengthen its renewable and financial services team.

  • January 20, 2022

    Gov't Looks To Shape Forced Labor Import Enforcement

    Importers and advocates will soon have a chance to sound off on a sweeping new trade law aimed at countering forced labor in China's Xinjiang region as the government opens the door for input on how best to enforce the statute.

  • January 20, 2022

    Gov't Balks At Effort To Link China Tariffs To Solar Cases

    The Biden administration fired back at importers fighting Section 301 tariffs on Thursday, telling the U.S. Court of International Trade that two recent rulings the companies flagged do not actually support their read of the Tariff Act of 1974.

  • January 20, 2022

    Lawmakers Weigh Cryptocurrency Mining's Energy Impacts

    Lawmakers generally expressed optimism about blockchain technology in a House Committee on Energy and Commerce hearing Thursday, but quizzed witnesses on ways to mitigate its environmental impacts.

  • January 20, 2022

    Guatemala Chases Israeli Co. Over Failed Arbitration Costs

    Guatemala is hoping to enforce a $1.8 million award against Israeli energy company IC Power Asia Development Ltd., which brought a failed arbitration action over the seizure of its subsidiaries' bank accounts.

  • January 20, 2022

    Texas Panel OKs Oil Co.'s Win In Cattle Death Suit

    A Texas appellate panel on Thursday upheld a jury's verdict clearing Texcel Exploration Inc. of any liability for the death of 132 head of cattle that wandered into where oil and gas operations were taking place, busted a pipe, caused an oil spill and ingested the oil.

Expert Analysis

  • Series

    Embracing ESG: Synchrony Counsel Talk Role Of Legal Teams

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    Jonathan Mothner and Danielle Do at Synchrony Financial discuss legal departments' essential role in their firms' environmental, social and governance programs, and how legal leaders can leverage their teams and internal relationships to advance ESG efforts.

  • For Junior Lawyers, Authenticity And A Solid Pitch Are Key

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    With strong lateral partner hiring and other pandemic-era trends making it harder for newly minted attorneys to progress in their careers, junior lawyers should take steps to perfect their elevator pitch and remain true to who they are, as a big part of their success will depend on how well they sell themselves to clients and how genuine they appear, says Emily Weber at Foley & Lardner.

  • Opinion

    US Shouldn't Abandon Phase 1 Agreement With China

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    Diplomatic efforts to extend the Phase One U.S.-China trade deal past its Dec. 31 expiration should continue, because despite China’s failure to hit promised targets, the deal was largely successful, and both countries would benefit from continued ad hoc exemptions from harmful tariffs and trade practices, says Bashar Malkawi at the University of Arizona.

  • Key Considerations For Accessing Infrastructure Act Funding

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    With the Infrastructure Investment and Jobs Act set to inject $1.2 trillion into the U.S. economy over five years, states, municipalities, tribes and companies who are seeking support for specific projects must understand how to access the funds, says James Voyles at Lewis Roca.

  • Texas Tax Talk: Exemption Win Signals Taxpayer Opportunity

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    A Texas appellate court’s recent ruling in Hegar v. Texas Westmoreland Coal, holding that mineral extraction equipment qualifies for the Texas sales tax manufacturing exemption, may yield opportunities for taxpayers in other industries to push back on comptroller exemption denials, say attorneys at Baker Botts.

  • A Compliance Primer For Attorneys Outsourcing Legal Work

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    Growing numbers of law firms and corporations outsource legal work for cost savings, so lawyers must firmly understand their related obligations set forth by bar associations across the country — from obtaining client consent to using accepted billing methods, say Melissa Khalil at Nora.Legal, Jeremy Babener at Structured Consulting and Patrice Asimakis at LegalEase Solutions.

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • EU, US Carbon Import Tax Proposals: What Cos. Must Know

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    With the European Union working on a carbon border adjustment mechanism, and congressional Democrats formulating their own carbon import tax plans, U.S. businesses — especially those in emissions-intensive, trade-exposed industry sectors — could face adverse trade effects, supply chain problems and increased transactional costs, say attorneys at Hogan Lovells.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • How To Fix Discrimination Issues In SE Power Market Plan

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    While the Southeast Energy Exchange Market recently received regulatory approval to proceed, concerns remain about discriminatory transmission access — but measures can be taken to promote balanced representation and independent oversight, say Carolyn Berry and Galen Erickson at Bates White.

  • Investors May Reconsider Arbitration Seats After ECJ Ruling

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    The European Court of Justice's recent Moldova v. Komstroy decision undermines the attractiveness of European Union-seated investment arbitration as it highlights to investors that such proceedings can be subject to interference from EU courts, says Tomas Vail of Vail Dispute Resolution.

  • Opinion

    Climate Change Lawsuits Are Not 'The New Tobacco'

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    Plaintiffs filing suits against energy companies over climate change are hoping for a reprise of the tobacco litigation of two decades ago, but recent decisions in opioid cases that repudiated expansive use of public nuisance theories spell trouble for similar climate claims, says Donald Kochan at George Mason University Law School.

  • The Implications Of COP26 For Legal Practitioners

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    Developments at the recent United Nations Climate Change Conference will create both opportunities and risks for lawyers — with many new laws, regulations and industry best practices to track, and a growing pipeline of new energy and infrastructure projects to facilitate, say Caroline May and Charles Winch at Norton Rose.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

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    BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

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