Energy

  • September 04, 2024

    Brazilian Oil Bribery Case Jury Warned Of 'Liar' Witness

    Attorneys for a Connecticut trader accused of bribing Brazilian oil officials urged a jury on Wednesday not to trust an alleged co-conspirator scheduled to testify for the government, calling that man a "skilled and adept liar" who would "substantially assist" prosecutors in possible return for a favorable family immigration decision.

  • September 04, 2024

    EPA Coke Ovens Rule Challenged By Green Groups, Industry

    Green groups and a coke-making business have kicked off challenges to the U.S. Environmental Protection Agency's rule strengthening emission standards for hazardous air pollutants like benzene, mercury, lead and arsenic that are emitted by coke oven facilities.

  • September 04, 2024

    US Steel, Nippon Defend Deal After VP Harris Voices Concern

    U.S. Steel and Nippon Steel on Wednesday reiterated the value they see in their planned $14.9 billion merger, despite opposition voiced by Vice President Kamala Harris, President Joe Biden and former President Donald Trump.

  • September 03, 2024

    Army Corps Gets 150K Comments Against Enbridge Pipeline

    Environmental, health and faith groups have joined the Bad River Band of the Lake Superior Tribe of Chippewa Indians in submitting about 150,000 comments to the U.S. Army Corps of Engineers opposing Enbridge Inc.'s plans to reroute its controversial Line 5 pipeline.

  • September 03, 2024

    Energy Leasholders' RICO, Antitrust Suit Tossed After 9 Years

    A Pennsylvania federal judge has thrown out a lawsuit filed by oil and gas leaseholders seeking $5 billion in damages for antitrust and racketeering violations, finding that the leaseholders lacked standing or hadn't adequately made their case for any of the suit.

  • September 03, 2024

    5th Circ. Panel Pushes Plaintiff Groups In Oil Terminal Row

    A Fifth Circuit panel seemed wary of a claim by several groups who argued they hadn't forfeited arguments relating to vessel traffic on Texas' Gulf Coast, saying during oral arguments last week that the group's brief didn't include anything about forfeiture.

  • September 03, 2024

    Fed. Circ. Has Questions About Data On Solar Duty Review

    The Federal Circuit struggled Tuesday morning to piece together the facts in an appeal from the U.S. Court of International Trade over anti-dumping duties on Chinese solar cells, with a judge at one point declaring that "neither side, it seems to me, has provided a coherent explanation."

  • September 03, 2024

    Feds Ask Sixth Circ. To Uphold Highway GHG Rule

    The federal government called on the Sixth Circuit to overturn a district court ruling finding the Federal Highway Administration overstepped its authority by directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects, arguing the rule aligns with Congress' instructions.

  • September 03, 2024

    Utah Tribe Seeks Quick Win In Farm Water Diversion Fight

    The Ute Indian Tribe is seeking a quick win in its challenge to a Utah farm that it claims diverted protected water to use for its cattle, arguing that in addition to a lack of jurisdiction, it's undisputed that the defendant willingly interfered with the tribe's property.

  • September 03, 2024

    5th Circ. Won't Revive BP Spill Malpractice Settlement

    The Fifth Circuit will not take another look at a proposed global settlement over accusations that attorneys botched Louisiana residents' claims following the 2010 BP Deepwater Horizon oil spill, issuing an order on Tuesday denying residents' bids for an en banc hearing to revive the settlement that a Fifth Circuit panel overturned in August.

  • September 03, 2024

    Trustee, Trader Culled From Jury In $1M Brazilian Bribery Trial

    A bankruptcy trustee and a commodities trader were among the potential jurors weeded out Tuesday ahead of Wednesday's opening statements in the criminal trial of a Connecticut oil trader accused of bribing officials with Brazil's state-owned oil giant Petróleo Brasileiro SA and its U.S. subsidiaries.

  • September 03, 2024

    EPA Should Have Rethought Smog Plan, DC Circ. Told

    U.S. Steel Corp. told the D.C. Circuit that the U.S. Environmental Protection Agency was obligated to rethink its plan to reduce smog-forming emissions across several states once courts partially blocked the plan's implementation, saying those decisions vindicate arguments that the rule can't be legally crafted.

  • September 03, 2024

    Harris Follows Biden In Opposing $15B US Steel-Nippon Deal

    Vice President Kamala Harris said Monday that she would oppose Nippon Steel's $14.9 billion proposed takeover of U.S. Steel if elected president, following President Joe Biden's lead and signaling that she would take a tough stance when it comes to mergers and acquisitions that could jeopardize national security and domestic jobs.

  • September 03, 2024

    Bracewell Energy Ace Joins Willkie In New York

    Willkie Farr & Gallagher LLP announced Tuesday that it has expanded its energy team by hiring a leading renewable energy and energy finance attorney as a partner in the firm's New York office.

  • September 03, 2024

    DC Circ. Rejects EPA's 'New' Boiler Emission Limits

    The D.C. Circuit said Tuesday that a U.S. Environmental Protection Agency rule regulating emissions from boilers used at industrial plants, universities and hospitals improperly classified some sources as "new" even though they existed before the regulations were proposed.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • September 03, 2024

    Home Solar Panel Co. Lumio Hits Ch. 11 To Sell Assets

    Residential solar panel provider Lumio Holdings filed for Chapter 11 protection in Delaware on Tuesday, with up to $500 million in debt and a plan to sell all of its assets to its major lender.

  • August 30, 2024

    Don't Halt Smelter Pollution Suit For Appeal, 8th Circ. Told

    Hundreds of Peruvian citizens urged the Eighth Circuit on Thursday not to pause a 17-year-old pollution case for a high court appeal requested by the billionaire owner of a smelter, arguing that the justices were unlikely to overturn rulings allowing the case to proceed.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Keystone Tribunal Says US Didn't Agree To Extend NAFTA Terms

    The tribunal that nixed TC Energy's $15 billion claim against the United States over the Keystone pipeline's cancellation found there was no proof the United States had wanted to extend North American Free Trade Agreement protections beyond its replacement date, according to the now-public award.

  • August 30, 2024

    3rd Circ. Won't Touch Pipeline Workers' Appeal In OT Suit

    The Third Circuit said Friday it doesn't have jurisdiction over a pipeline company's challenge to a discovery order limited to the issue of the arbitrability of two pipeline inspectors' wage claims, ruling that the challenged order isn't appealable under the Federal Arbitration Act.

  • August 30, 2024

    New York Code Council, Officials Duck Natural Gas Ban Suit

    A New York federal court dropped the New York Department of State, the New York State Fire Prevention and Building Code Council and several state officials from trade groups' challenge to the state's recent ban on natural gas in new construction.

  • August 30, 2024

    'Guesswork' Underlies Red States' NEPA Challenge, Feds Say

    The Biden administration is making its own push for summary judgment in its battle with 21 Republican-led states over a new environmental permitting rule, arguing in North Dakota federal court that their suit fails on standing and ripeness and relies on pure "guesswork" about how the rule will be implemented.

  • August 30, 2024

    Feds Propose Tribal Oversight Of Utah National Monument

    Nearly 2 million acres of public lands within Utah's Grand Staircase-Escalante National Monument will be managed by a co-stewardship of tribal nations, with a focus on conservation and preservation, according to a proposed plan by the U.S. Bureau of Land Management.

  • August 30, 2024

    Gov't Contracts Of The Month: Base Networks, Nuclear Power

    In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. ​​​​These are Law360's most noteworthy government contracts for August 2024.

Expert Analysis

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Reform NEPA To Speed Mining Permits, Clean Energy Shift

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    It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • A Case Study For Calif. Cities In Water Utility Takeovers

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    With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Tracking Implementation Of IRA Programs As Election Nears

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    As the Biden administration races to cement key regulations implementing the Inflation Reduction Act, a number of the law's programs and incentives are at risk of delay or repeal if Republicans retake control of Congress, the White House or both — so stakeholders should closely watch ongoing IRA implementation and guidance, say attorneys at Squire Patton.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • How Justices' Chevron Ruling May Influence Wind Projects

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    Parties both for and against the development of East Coast offshore wind development are watching the U.S. Supreme Court closely for its anticipated ruling challenging long-standing principles of agency deference that may subject decision making based on that precedent to upheaval, say attorneys at Robinson & Cole.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims

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    Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

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