Energy

  • January 04, 2022

    Mountain Valley Pipeline's W.Va. Water Permit Challenged

    Green groups on Monday asked the Fourth Circuit to review the West Virginia Department of Environmental Protection's decision to issue a key water quality certificate for the proposed Mountain Valley Pipeline.

  • January 04, 2022

    DOL, Insurer Strike $9M Deal To Wrap Up ERISA Suit

    An insurer that manages a manufacturing company's employee stock ownership plan agreed to a $9 million settlement in a U.S. Department of Labor suit alleging the metal parts maker's workers were overcharged in a $39 million stock deal.

  • January 04, 2022

    Centerra Gold Confirms Negotiations With Kyrgyz Gov't

    Centerra Gold Inc. says it is engaged in negotiations with representatives for the Kyrgyz Republic to settle a dispute over the company's Kumtor Mine, which was allegedly seized by the Kyrgyz government last year.

  • January 04, 2022

    Chancery Tosses Investor Challenge To $1B Energy Co. Sale

    Delaware Chancery Court has rejected all counts and claims in a stockholder suit seeking damages for alleged fiduciary duty breaches in connection with the sale of Roan Resources Inc. for more than $1 billion, citing in part failures to identify actionable breaches or conflicted acts.

  • January 04, 2022

    DC Circ. Affirms FCC's Tech Expertise In 6 GHz Ruling

    The D.C. Circuit's recent decision upholding a spectrum-sharing arrangement in the 6 GHz band affirmed the Federal Communications Commission's authority as an expert agency and could lend the commission traction in future disputes over airwaves allocation, court watchers say.

  • January 04, 2022

    Judge Temporarily Blocks 2 Geothermal Power Plants In Nev.

    A developer must wait at least 90 days before breaking ground on two planned Nevada geothermal power plants after a federal judge was swayed Tuesday by arguments the project could ruin sacred tribal grounds and devastate a rare toad's population.

  • January 04, 2022

    Hawaii Orders Navy To Shut Down Fuel Storage Facility

    The Hawaii Department of Health on Monday ordered the U.S. Navy to shut down a fuel storage facility that allegedly leaked and contaminated nearby residents' drinking water.

  • January 04, 2022

    Gov't Tells Fed. Circ. To Keep Expanded Security Duties Intact

    Government attorneys defended the president's right to expand national security tariffs long after their implementation Monday, telling the Federal Circuit to follow its recent precedent and leave duties on steel nails in place.

  • January 04, 2022

    Trade Court Backs Korean Steel Duties 3rd Time Around

    The U.S. Court of International Trade greenlighted the U.S. Department of Commerce's recalculated duties on Korean welded line pipe, after having sent the slate of duties back to Commerce twice with questions over how it adjusted a Korean producer's costs.

  • January 04, 2022

    Georgia Power Fights To Keep Coal Ash Suits In Federal Court

    A Georgia utility has urged a federal court to hold on to multiple lawsuits accusing it of exposing residents to carcinogens and neurotoxins, arguing that the residents can't avoid federal jurisdiction by downplaying the role uranium plays in the underlying allegations.

  • January 04, 2022

    NY AG Scores $6M Fraud Deal With Metals Investment Firm

    A Los Angeles-based telemarketer inked a $6 million settlement Monday to close out a lawsuit from New York Attorney General Letitia James alleging the company used hidden commissions to bilk precious-metals investors out of their retirement savings.

  • January 01, 2022

    Native American Cases To Watch In 2022

    Native American law practitioners will be tuned in to oral arguments in February in U.S. Supreme Court cases centered on Texas tribal gaming and criminal prosecutions in Indian country, while tribes and the federal government square off with states over how deeply the high court should delve into the Indian Child Welfare Act's constitutionality.

  • January 01, 2022

    6 Energy Project Finance Trends To Watch In 2022

    Energy project lawyers are expecting clean energy development to pick up this year after a sluggish 2021, but the pace will depend on any potential revival of the $1.7 trillion Build Back Better Act. Here are six project finance trends that energy attorneys will be watching in 2022.

  • January 01, 2022

    Can The IPO Market Pull Off Another Robust Year?

    Initial public offerings are coming off a blistering 2021, raising questions about how long the pace can last. Lawyers, bankers, and accountants remain confident there's a healthy supply of companies raring to go public in early 2022, assuming macroeconomic forces cooperate.

  • January 01, 2022

    Texas Cases To Watch In 2022

    Texas will once against find itself at the center of several significant legal disputes in 2022, including cases over the state's abortion law, mask mandates, and to what extent the primary grid operator is culpable for damages caused by last year's winter storm. Here, Law360 looks at some cases attorneys should keep an eye on in the coming year.

  • January 01, 2022

    3 Hurdles That Could Slow The Pace Of SPACs In 2022

    Special purpose acquisition companies endured a roller coaster in 2021, attracting unprecedented scrutiny from regulators and litigators. Yet market participants continued to embrace these alternative funding vehicles that have upended capital markets since 2020.

  • January 01, 2022

    California Legislation And Regulation To Watch In 2022

    Attorneys expect California's regulatory agencies to crack down on data privacy violations and crimes against retailers in 2022, while state lawmakers are likely to have their hands full securing federal funding created by the Infrastructure Investment and Jobs Act and meeting green-energy goals.

  • January 01, 2022

    Personal Injury And Med Mal Cases To Watch In 2022

    A U.S. Supreme Court case over the scope of Medicaid repayments a state can extract from an injured plaintiff's payout and a looming trial in the Kobe Bryant crash site photos suit are among the cases injury and malpractice attorneys will be following in 2022.

  • January 01, 2022

    Transportation Legislation And Regulation To Watch In 2022

    New infrastructure funding policies, electric and autonomous vehicle rules and travel-related restrictions are some of the transportation industry's top legislative and regulatory priorities to watch in 2022.

  • January 01, 2022

    Energy Policy To Watch In 2022

    Climate change and clean energy development will remain Biden administration priorities in 2022 with further regulation and executive orders, but expecting similar moves from Capitol Hill may be too optimistic. Here, Law360 breaks down four issues energy lawyers should keep tabs on in 2022.

  • January 01, 2022

    4 Key Regulatory Areas That Could Weigh On Cos. In 2022

    A slew of recent regulatory developments will weigh on U.S. companies in 2022 as the latest threats to financial markets and national security make their way into the regulatory framework, shareholder demands intensify and smaller firms struggle to allocate limited compliance resources.

  • January 01, 2022

    Energy Litigation To Watch In 2022

    The energy litigation landscape of 2022 will be dominated by one of the biggest cases in years, as the U.S. Supreme Court mulls the scope of the federal government's climate change authority. But courts are also considering the future of climate tort litigation and a federal-state clash over electricity policy. Here are four areas of litigation energy attorneys will be closely watching this year.

  • January 01, 2022

    Illinois Cases To Watch in 2022

    The Illinois Supreme Court could settle two of the state's largest outstanding questions affecting biometric privacy litigation, and the state's top court is set to determine whether its transportation laws unconstitutionally favor transportation network companies such as Lyft, in some of the biggest cases to watch in 2022.

  • January 01, 2022

    Biggest Environmental Policy Actions To Watch In 2022

    In 2022, the Biden administration will accelerate its efforts to achieve its environmental priorities by moving ahead with important regulations in a number of areas, from climate change and environmental justice to toxic chemicals.

  • January 01, 2022

    Biggest Environmental Cases To Watch In 2022

    Courts across the country will wrestle with important environmental litigation in 2022, from a Clean Air Act case at the U.S. Supreme Court that has the potential to break new ground on how greenhouse gases may be regulated to a variety of Clean Water Act lawsuits.

Expert Analysis

  • Responding To Migratory Bird Law Uncertainty Under Biden

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    The Biden administration's U.S. Fish and Wildlife Service recently rescinded a Trump-era rule limiting liability for incidental takes under the Migratory Bird Treaty Act, creating uncertainty around its applicability, so companies should implement best management practices to avoid enforcement risk, say Matthew Ahrens and Allison Sloto at Milbank.

  • Lessons From Afghanistan Mining On Conflict Area Ventures

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    Ian Coles at Mayer Brown chronicles the past two decades' failed efforts to develop the mineral mining industry in Afghanistan, speculates about how recent political shifts in the country may shape mining activity in the future, and assesses the broader challenges of such investment in conflict territories.

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • Opinion

    Investigate Trump Enviro Rollback's Harm To Communities

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    The U.S. Environmental Protection Agency's temporary rollback of regulations in 2020 affected people of color and low-income communities worst of all, but a full investigation of the damage is still needed — along with protections to ensure it can't happen again, say José Bravo at the Just Transition Alliance and Amy Cahn at the Environmental Justice Clinic at Vermont Law School.

  • Parsing Boeing Decision In Light Of ESG, Caremark Trends

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    The recent Boeing shareholder litigation ruling comes amid an increase in Delaware Caremark decisions and attention to environmental, social and governance issues, which together will likely reorient boards' attention to core governance and how they monitor ESG risks, say Helene Banks and Elizabeth Sweeny at Cahill Gordon.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • What Evolution Of Public Nuisance Claims Means For Cos.

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    As public nuisance suits against corporations have grown, and courts are increasingly given such claims greater credence, companies across many industries may now find themselves facing liability, say Laura Flahive Wu and Nicole Antoine at Covington.

  • Nine Point Ruling Limits High Court Bankruptcy Contract Rule

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    A Delaware federal court's recent decision in Caliber North Dakota v. Nine Point Energy Holdings — that nondebtor counterparties' contract rights terminate upon bankruptcy rejection when they depend upon the debtor's future performance — establishes an important outer boundary of the rejection-as-breach rule established by Supreme Court precedent, say attorneys at Proskauer.

  • ESG Disclosure Mandate Faces Hurdles Regardless Of Path

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    While the U.S. Senate is unlikely to sign onto the Corporate Governance Improvement and Investor Protection Act, which would require companies to make more comprehensive environmental, social and governance disclosures, the U.S. Securities and Exchange Commission may attempt ESG disclosure rulemaking without congressional approval — but it won't be easy, say attorneys at King & Spalding.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Feds May Need Power To Take State Lands For New Grid

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    The Biden administration's plan to move the U.S. electricity sector to renewable energy will require extensive new high-voltage transmission infrastructure, but since states have the ability to block construction of power lines, Congress will need to give federal regulators eminent domain authority over state-owned lands to get the job done, say attorneys at V&E.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • How To Mitigate Antitrust Risk In ESG Efforts

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    Recent statements from Jonathan Kanter, nominee to lead the U.S. Department of Justice Antitrust Division, suggest that companies will need to assess whether environmental, social and governance policies are unrelated to competition and prepare accordingly for merger reviews, say Michael Murray and Tara Giunta at Paul Hastings.

  • DOL's Proposed Rule Doesn't Make ESG Investment Risk-Free

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    A proposed U.S. Department of Labor rule aimed at Employee Retirement Income Security Act fiduciaries who take climate change into account should not be viewed as a green investment free pass, as prudent investors must consider the potential for bad returns if climate mitigation efforts fail, says J.B. Heaton at One Hat Research.

  • Draft Plan Illuminates EPA's Enviro Justice, Climate Priorities

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    The U.S. Environmental Protection Agency's recently released draft strategic plan provides the key to understanding a number of the agency's recent priorities, including an enhanced focus on environmental justice, greater oversight of regulatory programs, and state and local partnerships to enforce environmental laws, say attorneys at King & Spalding.

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