Energy

  • September 14, 2022

    DC Circ. Questions Challenge To $45B Alaskan LNG Project

    A D.C. Circuit panel on Wednesday pushed the Sierra Club and the Center for Biological Diversity to explain what additional information the Federal Energy Regulatory Commission should've analyzed before approving a proposed $45 billion liquid natural gas export facility in Alaska, questioning the groups' claim that the agency failed to adequately review concerns about the project.

  • September 14, 2022

    Judge Revokes Mojave Desert Water Pipeline Permit

    A California federal judge has revoked a permit a company obtained to convert a former natural gas pipeline to one that carries water from Mojave Desert aquifers to cities in Southern California, allowing the Biden administration to more closely scrutinize the project.

  • September 14, 2022

    Feds Propose Maximum Protection For Tricolored Bats

    The U.S. Fish and Wildlife Service on Tuesday proposed the strongest protection possible under the Endangered Species Act for a bat that lives in 39 states, saying a fungal disease has devastated its numbers.

  • September 14, 2022

    Pa. Court Considers Time Limit For Challenging Regulations

    The window for Pennsylvania's legislature to challenge new regulations could be 30 days or up to 60 days, depending on the Commonwealth Court's interpretation of a state law governing "both" and "each" of the chambers following arguments on Wednesday.

  • September 14, 2022

    Key Nikola Critic Earned $600K From Bet Against Truckmaker

    An influential Nikola Corp. critic acknowledged Wednesday that he earned a $600,000 cut of a huge shareholder bet against the zero-emissions truckmaker, as a Manhattan federal jury heard testimony in the trial of Nikola founder Trevor Milton on fraud charges.

  • September 14, 2022

    Insurer's Pollution Coverage Suit Partly Axed As Premature

    An Alabama federal court tossed part of an insurer's coverage dispute with an oil disposal company, saying it's too soon to determine whether the insurer has a duty to indemnify the company in two underlying pollution lawsuits but leaving questions over defense in play.

  • September 14, 2022

    Town, Green Groups To Sue EPA Over UNC Coal Permit

    A North Carolina town and two environmental groups told the Environmental Protection Agency on Tuesday they plan to sue the agency over its inaction on a permit allowing the University of North Carolina-Chapel Hill to operate a coal-fired power plant near campus.

  • September 13, 2022

    Oil Trader Says Feds Playing Hide The Ball In FCPA Case

    A former Vitol Group oil trader accused of funneling bribes to Petroecuador officials told a New York federal judge Tuesday that prosecutors have refused to provide basic details about the alleged corruption, in a case still mired in discovery dust-ups more than two years after charges were filed.

  • September 13, 2022

    ConocoPhillips Workers Qualify For Overtime, Suit Says

    A former wellsite manager sued ConocoPhillips on Monday, alleging in a proposed collective action that the oil giant misclassified him and other wellsite managers as independent contractors to avoid paying overtime wages.

  • September 13, 2022

    'Sins Of Girardi' Shouldn't Taint PG&E Bankruptcy, Judge Says

    A California bankruptcy judge on Tuesday ordered PG&E fire victims' trustee to respond to a pro se plaintiff's discovery bid into JAMS mediators' neutrality, but he doubted the plaintiff's "very broad brush" allegations that disgraced lawyer Tom Girardi influenced the proceedings and warned the "sins of Girardi" shouldn't taint the case.

  • September 13, 2022

    Brazos Gets Nod On Ch. 11 Plan Docs With ERCOT Deal

    Bankrupt Texas electricity supplier Brazos Electric Power Cooperative Inc. received conditional approval Tuesday for a Chapter 11 plan disclosure statement centered on a deal with the Electric Reliability Council of Texas and a sale of the debtor's power generation assets.

  • September 13, 2022

    Gov't OKs Land-Leasing Regs For Pueblo Of Laguna In NM

    The federally recognized Pueblo of Laguna tribe in west-central New Mexico has been approved by the U.S. Interior Department's Bureau of Indian Affairs to set its own land-leasing regulations without further BIA approval.

  • September 13, 2022

    Spanish Co. Can't Get Tribunal Prez DQ'd In Argentina Claim

    A Spanish electricity company has lost its bid to disqualify the presiding arbitrator in its dispute against Argentina after she failed to disclose a co-arbitrator relationship with Argentina's legal expert on a tribunal that issued a groundbreaking award earlier this year.

  • September 13, 2022

    3rd Circ. Agrees With Toss Of Saudi Oil Deal Dispute

    A man from Saudi Arabia cannot sue in U.S. federal court to recoup a debt allegedly owed to his father for a decades-old oil deal in the Caribbean, the Third Circuit ruled Tuesday, affirming a lower court's dismissal of the case but nevertheless remanding it because the suit was dismissed with prejudice.

  • September 13, 2022

    Cuba-Owned Co. Says It's Immune From Exxon Suit

    A state-owned company in Cuba is contending that Exxon Mobil Corp. cannot sue over its use of gas stations the Fidel Castro regime seized from Exxon's predecessor, claiming sovereign immunity and setting up arguments in the companies' jurisdictional fight before the D.C. Circuit Court.

  • September 13, 2022

    Locke Lord Hires Project Finance Pro From Dorsey & Whitney

    Locke Lord LLP added an attorney from Dorsey & Whitney LLP as a partner in the real estate and finance practice group and renewable energy section at its New York office, the firm announced this week.

  • September 13, 2022

    Gold Mine Ordered To Pay $500K For Polluting River In Colo.

    A Colorado federal judge has ordered a company that runs a gold mine in the state to pay $500,000 in penalties for violations of the federal Clean Water Act after environmentalists sued the company in 2019, claiming it was illegally polluting a river that flows through the state capital and eventually feeds into the Missouri River.

  • September 13, 2022

    Interior Dept. Proposes Revamping Offshore Safety Regs

    The U.S. Department of the Interior has proposed revising a Trump-era offshore drilling safety rule that rolled back requirements enacted by the Obama administration in the wake of the 2010 Deepwater Horizon disaster.

  • September 13, 2022

    Potential Speed Bumps In Road To Calif.'s 2035 EV Target

    California's plan to phase out sales of new gasoline-powered vehicles by 2035 could usher in an electrification renaissance in the U.S. if policymakers and industry leaders can overcome supply-chain hurdles, plug gaps in electric-vehicle charging infrastructure and assuage consumer hesitancy.

  • September 13, 2022

    Hunton Adds M&A Partner To Houston Office From DLA Piper

    Hunton Andrews Kurth LLP has bolstered its corporate transactions practice with a partner who joined from DLA Piper in Houston.

  • September 13, 2022

    TVA Escapes Utility Trade Group Spending Suit

    A federal judge on Monday tossed a suit accusing the Tennessee Valley Authority of stonewalling a request for a new regulation that would prevent it from funding utility industry groups, saying the environmentalists who sued can't show they've been harmed and therefore lack standing.

  • September 13, 2022

    Del. Judge Gives Bankrupt TPC More Time For Creditor Talks

    A Delaware bankruptcy judge on Tuesday delayed the hearing for TPC Group's Chapter 11 plan disclosure for another week, after being told that the petrochemical maker had reached a settlement with its secured noteholders but not its unsecured creditors.

  • September 13, 2022

    Nikola Founder Tells Jury He Never Sought To Dupe Investors

    Nikola Corp. founder Trevor Milton loved his zero-emissions truck company like it was "his kid" and he promoted its stock in good faith, his lawyers told a Manhattan federal jury Tuesday, rejecting charges that he used social media to engineer a billion-dollar fraud.

  • September 12, 2022

    Spain Says Solar Investor Can't Enforce $28.5M Award

    Spain on Friday renewed its bid to nix a British renewable energy investor's pursuit of a €28.2 million ($28.5 million) arbitral award against it in D.C. federal court following a yearlong stay of the litigation, arguing that the investor can't use U.S. courts to pursue an award barred by EU law.

  • September 12, 2022

    DC Judge Tosses Challenge To EPA's FOIA Rule

    A Washington, D.C., federal judge on Monday tossed most of two green groups' challenge to the U.S. Environmental Protection Agency's Trump-era revisions to its Freedom of Information Act policy.

Expert Analysis

  • Inflation Reduction Act Loan Funds Will Aid Energy Innovation

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    By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Manufacturers' Liability After NJ Asbestos Warning Ruling

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    The New Jersey Supreme Court's recent ruling in Fowler v. Akzo means that defendants in asbestos litigation are required to establish they provided an adequate warning to the end user, as well as the end users' employer, says Michael Posavetz at Eckert Seamans.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

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    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • What 5th Circ. Bankruptcy Ruling Means For FERC Authority

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    The Fifth Circuit’s recent ruling in Gulfport Energy v. Federal Energy Regulatory Commission begs the question as to whether FERC regulations sufficiently protect pipelines from the effects of customer bankruptcies, and highlights the conflict between the commission and bankruptcy courts, say Keturah Brown and Emily Mallen at Sidley.

  • A Look At 2 Frameworks For Decarbonizing Heavy Industry

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    Comparing common themes in two recent international frameworks for decarbonizing heavy industry reveals recent progress toward lowering emissions and highlights the key role the industrial sector will play in decarbonization efforts, say attorneys at Shearman.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Rebuttal

    Circuits Are Consistent On State Law Climate Claim Issue

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    A recent Law360 guest article argued that the U.S. Supreme Court should review the Tenth Circuit's decision in Boulder v. Suncor due to a purported circuit split, but there is no circuit split on whether state law claims arise under federal law for the purpose of conferring removal jurisdiction solely because they involve climate change, says Michael Burger at Columbia Law School.

  • 6th Circ. Ruling Guides On Settlements With Older Workers

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    The Sixth Circuit’s recent decision in Jackson v. General Electric, refusing to enforce a settlement that the employee agreed to but ultimately did not sign after a consideration period, highlights key lessons for compliance with the Older Workers Benefit Protection Act when drafting settlement agreements in employment cases, says Robin Shea at Constangy Brooks.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • NY Insurance Ruling Reveals Limits Of Contra Proferentem

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    A New York state court's decision in Brooklyn Union Gas v. Century Indemnity, finding that there's no need to construe an ambiguous policy against an insurer when the policyholder is a sophisticated company, shows that contesting the application of the contra proferentem rule is gaining more traction in courts, say John Ewell and Joanna Roberto at Gerber Ciano.

  • Opinion

    How DOL Can Improve Proposed ESG Investment Rule

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    The U.S. Department of Labor’s soon-to-be-finalized rule on environmental, social and corporate governance considerations for retirement plan investments should be revised to avoid questionable market assumptions and to better facilitate fiduciaries’ regard for ESG factors, says Brantley Webb at Mayer Brown.

  • Rulings Limiting Federal Agencies May Lead Congress To Act

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    Recent U.S. Supreme Court and Fifth Circuit rulings illustrate the judiciary’s growing skepticism of federal government agencies’ influence, which could prompt Congress to respond by limiting judicial power, says David Coale at Lynn Pinker.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

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