Energy

  • October 04, 2021

    Fed. Circ. Affirms Antidumping Duty On Hyundai Transformers

    A Federal Circuit panel affirmed the U.S. Department of Commerce's 60.81% antidumping import duties on Hyundai Electric & Energy Systems Co. Ltd.'s large power transformers from the Republic of Korea, finding in a precedential order Monday that the company didn't appear to have fully cooperated with Commerce's inquiries.

  • October 04, 2021

    Trucking Co. Not Covered In Contamination Suit, CNA Says

    Several CNA insurers asked a Washington federal judge Friday to determine that they have no obligation to defend or indemnify a trucking company in a lawsuit over its alleged failure to remove contaminated soil from a worksite.

  • October 04, 2021

    Justices Won't Review Pa. Coal Mining Takings Ruling

    The U.S. Supreme Court on Monday declined to review a Pennsylvania Supreme Court ruling that a new highway cutting off access to a 73-acre coalfield didn't constitute a "de facto" taking under state eminent domain law.

  • October 04, 2021

    High Court Denies Calif. Appeal In Ch. 11 Trustee Takings Suit

    The U.S. Supreme Court on Monday refused to hear a California agency's appeal challenging lower court findings that a bankruptcy trustee's inverse condemnation claim trumped state sovereign immunity defenses in the regulatory takeover of oil company land and assets during an offshore spill cleanup.

  • October 04, 2021

    Justices Won't Hear Tax Row Over Native Land Gravel Income

    The U.S. Supreme Court said Monday it won't consider a challenge from a deceased Seneca Nation member and her husband to taxes on income earned from gravel from tribal land, letting stand a Second Circuit decision affirming the liability.

  • October 04, 2021

    Justices Won't Review Gulf LNG Win In $372M Arbitration Row

    The U.S. Supreme Court said Monday it won't revisit a Delaware state court's rejection of Eni USA's effort to overturn a $372 million arbitration award over a liquefied natural gas facility deal with Gulf LNG Energy LLC.

  • October 01, 2021

    West Texas Gas Reaches $5M Clean Air Settlement

    Several units of West Texas Gas Inc. on Friday agreed to a $5 million settlement that will resolve the federal government's legal claims — filed after two employees died from a fire and a toxic gas leak — that they violated chemical accident prevention requirements at processing plants.

  • October 01, 2021

    Supreme Court's Return Could Deliver Conservative Windfall

    The Supreme Court returns to the bench Monday for its first in-person arguments since the pandemic began, but the moment feels anything but normal. The courtroom is still closed to the public as the justices consider major cases involving abortion, gun rights and religious freedom under a cloud of scrutiny from lawmakers and activists.

  • October 01, 2021

    House OKs Short-Term Patch Amid Stalled Infrastructure Vote

    The U.S. House of Representatives on Friday night passed a short-term bill extending funding for highway, transit and other programs that lapsed after the House failed to vote on a $1.2 trillion infrastructure investment bill and triggered temporary furloughs for U.S. Department of Transportation employees.

  • October 01, 2021

    FCC Aims To Boost Networks' Protection From Power Outages

    The Federal Communications Commission is aiming to improve network resilience during natural disasters after Hurricane Ida resulted in service disruptions last month.

  • October 01, 2021

    ConocoPhillips Can Start Enforcing $8.5B Venezuela Award

    Efforts by ConocoPhillips to enforce an $8.5 billion arbitral award against Venezuela could start heating up after an international committee decided on Wednesday to lift a stay of enforcement, while the cash-strapped nation's annulment petition remains pending.

  • October 01, 2021

    Texas Justices Won't Rehear $100M Coal Cleanup Case

    The Texas Supreme Court declined on Friday to hear an attempt by San Miguel Electric Cooperative Inc. to exit a $100 million claim brought by ranch owners who want to evict the power company from land allegedly contaminated by a coal-fired power plant.

  • October 01, 2021

    Pro Say: A Supreme Court Term Packed With Landmark Cases

    A new U.S. Supreme Court term is upon us, with the justices set to tackle a slew of lightning-rod cases in the coming months, including a referendum on abortion rights and the court's first major gun rights case in over a decade.

  • October 01, 2021

    NY AG Sues Syracuse Landlord Over Lead Paint Exposures

    Syracuse landlord John Kiggins and his company Endzone Properties Inc. violated federal, state and local lead paint laws for years, resulting in at least 18 children being poisoned, according to a new suit brought by New York Attorney General Letitia James.

  • October 01, 2021

    FERC Attys' Emails Broke Regs In $229M Enforcement Case

    Federal Energy Regulatory Commission enforcement lawyers violated agency regulations when they exchanged personal emails about a $229 million electricity market manipulation case being pursued against a trading firm, according to a notice filed with FERC on Friday.

  • October 01, 2021

    New Del. High Court Rulings Scuttle Chancery Merger Suit

    The Chancery Court of Delaware tossed a derivative suit against top investors of Talos Energy Inc. over a $1.1 billion oil field deal, saying the stockholders couldn't establish that there were quid pro quo agreements or that two private equity sponsors acted as a control group over Talos.

  • October 01, 2021

    New PFAS Reporting Rule Could Be Tough For Businesses

    The U.S. Environmental Protection Agency's pending requirement that companies report their use of so-called forever chemicals could impose a tough burden on businesses across many industry sectors, and environmental attorneys say it's crucial that companies act now to prepare.

  • October 01, 2021

    Pa. Utility Withdraws 'Zombie' Permit, Cancels Gas Plant

    A proposed natural gas power plant in Southwest Pennsylvania won't move ahead under a "zombie" permit opposed by environmental groups after its builder has apparently withdrawn its plans for the project, according to the green groups that had been fighting it.

  • October 01, 2021

    Up Next At High Court: State Water Rights, CIA Black Sites

    The U.S. Supreme Court will begin its October 2021 term Monday with Mississippi's lawsuit accusing Tennessee of stealing millions of dollars worth of water, followed by thorny questions about the Sixth Amendment right to cross-examination and whether the government can shield information about CIA black sites.

  • October 01, 2021

    Great Lakes States Team Up For Electric Car Charging Grid

    The governors of five Great Lake States announced they have agreed to join forces to build out electric vehicle charging infrastructure in the Midwest region to "future proof" their economies, reduce range anxiety for electric vehicle drivers and improve air quality in the region. 

  • October 01, 2021

    DLA Piper Loses Bid To Revisit Key Appraisal Ruling In Del.

    DLA Piper has lost its bid for the Delaware Supreme Court to reconsider its ruling last month that shareholders' statutory appraisal rights can be contractually waived, with the justices saying in a brief order that the firm's reargument motion was "without merit."

  • October 01, 2021

    EPA Again Bans Startup, Shutdown Air Quality Exemptions

    The U.S. Environmental Protection Agency on Thursday struck down the Trump administration's policy that large industrial sources of air pollution may sometimes be exempted from having to meet emissions standards during startups, shutdowns or malfunctions.

  • October 01, 2021

    Taxation With Representation: Ropes, Kirkland, Latham

    In this week's Taxation With Representation, Merck & Co. will buy Acceleron Pharma Inc., Polestar will go public by merging with Gores Guggenheim Inc., and Blackstone Group is selling the Cosmopolitan of Las Vegas.

  • October 01, 2021

    3rd Circ. Preview: Insurance Drives Ch. 11, Antitrust Cases

    Insurance matters figure largely in the Third Circuit's October argument lineup, which will find panels examining Young Conaway Stargatt & Taylor LLP's involvement in future asbestos litigation claims and delving into Blue Cross's denial of heart monitor coverage.

  • October 01, 2021

    Donziger Gets 6 Months For Contempt In Chevron Case

    A Manhattan federal judge on Friday sentenced disbarred environmental lawyer Steven Donziger to six months in prison for an "astonishing" course of criminal contempt in his lengthy legal battle with Chevron Corp. over a $9.5 billion pollution judgment that the oil giant successfully argued was fraudulent.

Expert Analysis

  • What To Expect Under New SEC Enforcement Director Grewal

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    Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

  • White House Vision For Carbon Capture Faces Obstacles

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    A recent White House Council on Environmental Quality report suggests policies that could bolster carbon capture and storage projects in the U.S., but federal and state regulators and the private sector will face red tape, environmental justice concerns and other challenges in expanding CCS infrastructure, say Ethan Shenkman and Sarah Grey at Arnold & Porter.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Texas Power Crisis Suits Bring Market Price Questions

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    As lawsuits mount centering on Texas' February power crisis, the Electric Reliability Council of Texas operating reserve demand curve will be critical in pinning down what prices would have been absent the Texas Public Utility Commission's interference and how much the generators now owe the suppliers for the shortfall, say Todd Aagaard at Villanova University Law School and Andrew Kleit at Penn State University.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • 6 Ways To Excise Xinjiang Forced Labor From Supply Chains

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    As the U.S. increases scrutiny of China's Xinjiang province and considers legislation to bar all goods produced, mined or manufactured there unless the importer can prove the absence of forced labor, importers can take steps to ensure supply chain compliance, say Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block.

  • Green Investments Are Not Immune To ESG Scrutiny

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    As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

  • New FTC Mergers Approach Raises Risks For Buyers, Sellers

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    In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Methane Rule Changes Add Complexity For Oil And Gas Cos.

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    President Joe Biden's recent move to reinstitute regulation of methane under the federal New Source Performance Standards, thus rolling back changes made by the prior administration, creates additional compliance challenges for oil and gas transportation and storage companies, say Whit Swift and Brittany Pemberton at Bracewell.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • First 2021 Corporate FCPA Case Offers Compliance Reminders

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    Foster Wheeler's recent Foreign Corrupt Practices Act settlement — the first corporate enforcement action since President Joe Biden took office — highlights the FCPA risks related to public contracting and tenders, the use of third-party agents, successor liability following M&A activity, and the U.S. authorities' aggressive assertion of jurisdiction in international corruption cases, says Robert Johnston Jr. at Lowenstein Sandler.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

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    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Justices' Biofuel Exemption Ruling Boosts Small Refineries

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    The U.S. Supreme Court's recent decision in HollyFrontier Cheyenne Refining v. Renewable Fuels Association, enabling the revival of lapsed exemptions from biofuel requirements under the Clean Air Act, gives small oil refineries added flexibility, says Scott Press at Goldberg Segalla.

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