Energy

  • September 08, 2022

    Deals Rumor Mill: Aurora, Deutsche Bahn, Greek Airport

    The CEO of Aurora Innovation is considering a sale of his self-driving technology firm to Apple or Microsoft, the German government will sell Deutsche Bahn's logistics business, and Greece may list a 30% stake in the Athens International Airport. Here, Law360 breaks down the deal rumors from the past week that you need to be aware of.

  • September 08, 2022

    Gorsuch Denies Sunoco's Bid To Stall $155M Judgment

    U.S. Supreme Court Justice Neil Gorsuch denied Sunoco's emergency bid to stall the payout of a $155 million judgment against the company to well royalty owners, ignoring pleas that the Tenth Circuit has put the gas giant in an "impossible" position by refusing to hear its appeal.

  • September 08, 2022

    Utilities Spar With FERC Over PURPA Eligibility Interpretation

    Electric utilities are challenging the Federal Energy Regulatory Commission's decision to qualify a solar-plus-battery storage project as a small-scale power producer under the Public Utility Regulatory Policies Act, telling the D.C. Circuit that the approval went against the statutory size cap in the law.

  • September 08, 2022

    King & Spalding Litigation Team Joins Hogan Lovells In SF

    Hogan Lovells has recruited a commercial litigation team from King & Spalding LLP to join as partners in its San Francisco office, which will be moving to a new location.

  • September 08, 2022

    MVP: Kirkland's Doug Bacon

    Doug E. Bacon of Kirkland & Ellis LLP's energy practice helped guide the $2.6 billion merger of two Denver-area oil and gas companies, advised TPG Rise Climate on its $500 million equity investment in a renewable energy company and counseled ArcLight Clean Transition Corp. on its merger with a renewable natural gas producer and distributor, earning him a spot as one of Law360's 2022 Energy MVPs.

  • September 07, 2022

    GE Banned From Selling Wind Turbines Infringing Siemens' IP

    A Massachusetts federal judge issued a permanent injunction on Wednesday barring General Electric Co. from selling Haliade-X wind turbines that a jury found infringed a Siemens' patent, but allowed the company to produce turbines that have already been ordered to complete state-sponsored wind projects in New Jersey and Massachusetts.

  • September 07, 2022

    Apache Group, Feds Clash Over 9th Circ. Redo In Mine Case

    A San Carlos Apache nonprofit has urged the full Ninth Circuit to reconsider a panel decision allowing a federal land swap the group contended would wreck its ability to worship at a sacred site, while the federal government countered that its decisions on federal land use can't be an illegal burden on the group's religious rights.

  • September 07, 2022

    AFL-CIO Backs Worker In High Court OT Row Against Helix

    The AFL-CIO backed a former Helix rig worker in his fight to keep a Fifth Circuit's decision that he was entitled to overtime, telling the justices on Wednesday the worker wasn't a salaried employee because Helix calculated his pay daily.

  • September 07, 2022

    Groups Say FERC Shouldn't Give More Time To Gas Projects

    The Sierra Club on Tuesday launched D.C. Circuit challenges to construction extensions given to a pair of gas infrastructure projects by the Federal Energy Regulatory Commission.

  • September 07, 2022

    Full DC Circ. Won't Rethink $115M Coal Pension Debt Ruling

    The full D.C. Circuit won't reconsider a panel's decision that an actuary used the wrong discount rate to find that a coal mining company owed $115 million to the United Mine Workers of America pension plan, letting the company's win in the case stand.

  • September 07, 2022

    Yukos Capital Seeks Default Ruling For $5B Arbitral Award

    The financing arm of former Russian energy company Yukos Oil asked a D.C. federal court to enter a default judgment against the Russian Federation for $5 billion that an international tribunal said it owes the company.

  • September 07, 2022

    Shell Fights Partial Win Bid In Mismanaged 401(k) ERISA Suit

    Shell Oil Co. told a Texas federal judge that a group of retirement plan participants can't prevail on its claim that the company failed to monitor and subsequently ditch poorly performing investment options in the participants' 401(k) plan, arguing that it wasn't obligated to keep an eye on individual funds.

  • September 07, 2022

    MVP: King & Spalding's Scott Greer

    Scott Greer of King & Spalding LLP's energy and construction transactional practices worked with Cheniere Energy Inc. on a $5.4 billion contract for the procurement and construction of a liquefied natural gas facility, and steered a number of innovative and first-of-their kind projects, including a commercial-scale carbon-capture project and a high-voltage line delivering hydroelectric power to New York City, earning him a spot as one of Law360's Energy MVPs.

  • September 07, 2022

    K&L Gates Clean Energy Projects Atty Jumps To Baker Botts

    A leader in the renewable energy industry with decades of leadership and professional legal experience has left his position with K&L Gates LLP to join Baker Botts LLP in Washington, D.C., the firm announced Tuesday.

  • September 07, 2022

    O'Melveny Grows Energy Bench In DC With DLA Piper Atty

    A DLA Piper energy regulatory attorney has moved to O'Melveny & Myers LLP's project development and real estate practice group, as well as its energy industry group, the firm announced Wednesday.

  • September 07, 2022

    Sidley Real Estate Trio Leap To Sheppard Mullin In NY

    Sheppard Mullin Richter & Hampton LLP has picked up three real estate partners from Sidley Austin LLP in New York, the firm announced on Tuesday.

  • September 07, 2022

    Spain's Repsol Sells 25% Stake In Oil & Gas Unit For $4.8B

    Spanish energy company Repsol said Wednesday that it is selling 25% of its oil and gas exploration business to a U.S. fund for $4.8 billion as it prepares to potentially float the subsidiary in America.

  • September 06, 2022

    Argentina Challenges Peruvian Biodiesel Levies At WTO

    Argentina has initiated a formal reckoning with Peru over levies on biodiesel imports dating back to 2016, assailing them under provisions of four World Trade Organization agreements, according to a request for consultations circulated Tuesday.

  • September 06, 2022

    Three Firms Head Up $5.2B Gas Assets Purchase By EQT

    EQT Corp., guided by Kirkland & Ellis, announced on Tuesday that it has purchased a significant amount of upstream and midstream oil and gas assets from Tug Hill and XcL, both advised by Vinson & Elkins, and Akin Gump in an agreement totaling $5.2 billion.

  • September 06, 2022

    EPA Says It Got Texas, Colorado Ozone Designations Right

    The U.S. Environmental Protection Agency has defended its decisions to lump counties in Texas and Colorado into ozone-level reduction zones, telling the D.C. Circuit that they were the appropriate moves following a 2020 directive from the appeals court.

  • September 06, 2022

    Davis Polk, V&E Steer Deal To Form $4.8B Mineral Royalty Co.

    Sitio Royalties Corp. has agreed to buy Brigham Minerals Inc. in an all-stock deal that will create one of the largest publicly traded mineral royalty companies in the country, with a value of $4.8 billion, the companies said Tuesday.

  • September 06, 2022

    Fed. Circ. Agrees China Duty Refund Requests Were Untimely

    The Federal Circuit has refused to revive two steel importers' lawsuits seeking refunds of tariffs that were later rescinded, agreeing with the U.S. Court of International Trade on Tuesday that their refund bids came too late.

  • September 06, 2022

    5th Circ. Won't Let BP Slip Out Of Scuba Diving Co.'s Suit

    BP PLC can't prematurely end economic loss claims brought by a scuba diving company that alleged it lost business because of the Deepwater Horizon oil spill in 2010, a Fifth Circuit panel found in a partial reversal of a Louisiana federal court.

  • September 06, 2022

    Replacement Steelworkers Say 3rd Circ. Should Allow Cert.

    A proposed class of steelworkers brought in to replace locked-out unions at Allegheny Technologies Inc.'s Pennsylvania mills told a federal court that their unpaid-wages case didn't suffer from the same defects that led the Third Circuit to decertify the class in an Americans With Disabilities Act suit against Ollie's Bargain Outlet in June.

  • September 06, 2022

    DC Circ. Won't Budge From Calif. Hydropower Permit Ruling

    The D.C. Circuit on Tuesday stood by its decision backing the Federal Energy Regulatory Commission's determination that a California state agency properly denied Clean Water Act certificates for hydropower projects, rejecting a rehearing bid from a pair of irrigation districts.

Expert Analysis

  • Balancing State, Investor Interests In The Energy Transition

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    While governments around the world are increasingly taking action to encourage the shift from fossil fuels to renewable energy, they must also respect the rights of companies and investors affected by the transition — and recent investor-state disputes in this area provide valuable lessons for what lies ahead, says Sven Volkmer at White & Case.

  • 2nd Circ. Ruling Offers Clarity For Annulled Arbitral Awards

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    A recent Second Circuit ruling not to enforce an annulled arbitral award against two units of oil companies in Nigeria elucidates the legal standard for whether to enforce such awards in the primary jurisdiction, cementing the return to a more deferential standard for enforcement, say attorneys at Cleary.

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • Avoiding Subordination Of Secured Debt After TPC Decision

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    The Delaware bankruptcy court's recent decision in the TPC Group matter is a reminder that lenders and noteholders may risk subordination of their liens if they don't remain vigilant in drafting protective provisions in their respective debt documents, say attorneys at Bracewell.

  • High Court's New EPA Ruling And Its Long-Term Implications

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    The U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

  • Capturing Carbon In California: Opportunities And Challenges

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    California is well situated to play a leading role in carbon capture and sequestration, but there remain barriers to widespread CCS deployment — including policy and regulatory hurdles, and the concerns of potentially affected communities, say Brian Israel and Samuel Pickerill at Arnold & Porter.

  • Tips For Handling Audio Data In E-Discovery Post-Pandemic

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    The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

  • EPA Ruling Signals Arrival Of 'Major Questions Doctrine'

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    While the specific subject of the U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency was how the EPA may regulate greenhouse gas emissions under the Clean Air Act, the ruling's lasting legacy will be the elevation of the so-called major questions doctrine, which could constrain federal regulatory authority in many areas, says Allison Wood at McGuireWoods.

  • US Patent Takeaways From Russia Sanctions Exemption

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    The Office of Foreign Assets Control recently issued an exemption for intellectual property under the U.S. government's unprecedented barrage of sanctions on Russia, a move that lends clarity and longevity to U.S. companies remaining in this market for any duration, says Mark Mathison at Kilpatrick .

  • How Congress Is Reshaping Its Role In Economic Sanctions

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    The recent bipartisan reauthorization of the Global Magnitsky Human Rights Accountability Act exemplifies a trend that sees Congress asserting itself in what is traditionally an area of presidential authority, adding complexity to the sanctions landscape, say attorneys at Debevoise.

  • Crypto Bill Would Put Energy Use Of Digital Assets In Context

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    A bill recently introduced in the U.S. Senate that would mandate collection of data about the energy usage of cryptocurrency could facilitate a better understanding of bitcoin mining's impact on the electric grid, and contextualize it relative to the energy demands of other activities, says Miguel Suazo at Husch Blackwell.

  • Kentucky Tax Talk: Speeding Up Public Service Co. Protests

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    Public service companies with Kentucky tax liability should consider the recent groundbreaking changes to the state’s protest procedures, particularly if they have protests pending that might be expedited in light of the new legislation, say attorneys at Frost Brown.

  • Strategies For Effectively Marketing Law Firm ESG Practices

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    As law firms increasingly launch stand-alone environmental, social and corporate governance practices amid rising client demands, they should consider new marketing and client development practices that illuminate their capabilities as well their own sustainability and ethics-related initiatives, says Elle Walch at Ball Janik.

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