Time is growing tight for wind developers to grab the remaining slice of the federal renewable energy production tax credit before it phases out at year’s end and to complete existing projects in time to reap the full benefit of the credit, experts say.
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Monday, January 21, 2019 Follow Energy Law360

TOP NEWS

Analysis

Crunch Time For Wind Developers As Tax Credit Lapse Looms

Time is growing tight for wind developers to grab the remaining slice of the federal renewable energy production tax credit before it phases out at year’s end and to complete existing projects in time to reap the full benefit of the credit, experts say. Read full article »

PG&E Equipment Caused Calif. Wildfires, Judge Finds

A California federal judge has tentatively found that Pacific Gas & Electric Co.'s equipment's vulnerability to falling tree limbs has been "the single most recurring cause" of the 2017 and 2018 California wildfires to which the company has been linked. Read full article »

9th Circ. Upholds Calif. Low Carbon Fuel Standard

A Ninth Circuit panel on Friday rejected a bid by a group of trade and energy organizations to sink California's low carbon fuel standard, saying their claims weren't different enough from those in prior challenges — which also failed — to warrant a different outcome. Read full article »

Judge Hits Pause Button On Atlantic Seismic Testing Permits

A South Carolina federal judge on Friday barred the federal government from issuing permits that allow oil and gas companies to injure or otherwise disrupt whales and other marine mammals during seismic testing off the Atlantic coast until Congress restores funding to federal agencies. Read full article »

6th Circ. Won't Rethink Decision On CWA's Reach

A split Sixth Circuit has said it will not review a panel’s decision concluding the Clean Water Act does not regulate pollutants that travel from a source to navigable waters through groundwater. Read full article »

NATURAL GAS

PETROLEUM

Oro Negro Ch. 15 Parties Agree To Mediate Rig Fight

In an effort to streamline dual bankruptcy proceedings for Mexican oil rig company Perforadora Oro Negro in its home country and the U.S., a domestic mediator will join negotiations between the company and its creditors in a jack-up rig seizure dispute, a U.S. bankruptcy judge said. Read full article »

BLM Had No Right To Key For Tribal-Linked Wells: 10th Circ.

The Tenth Circuit sided with a well operator and a pair of landowners in a dispute over oil and gas lease sites on land linked to an Indian tribe, saying the Bureau of Land Management lacked authority to demand a key to the locks on the sites' gates. Read full article »

Texas Justices Take Up Permian Basin Lease Ownership Row

The question of whether an appeals court can overrule a contract dispute settlement between two oil companies that traded $3 million in potential damages for a 25 percent working interest in Permian Basin oil and gas leases will come before the Texas Supreme Court next month. Read full article »

UTILITIES & POWER

RENEWABLES

Colo. Gov. Orders Move To Electric Vehicles Statewide

Colorado Gov. Jared Polis signed an executive order Thursday that outlines the steps the state must take to achieve 100 percent renewable electricity by 2040, a plan that would direct some of the $70 million settlement from Volkswagen's federal emissions case toward the promotion of electric vehicles. Read full article »

NUCLEAR

COAL

Consol Says Ex-Prez Can't Show Gender Played Role In Pay

The changing structure and nature of the coal industry were behind a female Consol Energy Inc. executive’s termination, not her gender or her complaints about being paid less than her male counterparts, the company argued Thursday in an effort to toss her lawsuit from a Pennsylvania federal court. Read full article »

METALS & MINING

Wis. Tribe Appeals To 7th Circ. Over Mich. Mine Ruling

The Menominee Indian Tribe of Wisconsin has filed a Seventh Circuit appeal of a lower court ruling that dismissed its suit over a Michigan state permit for a proposed zinc and gold mine, saying the federal government has abandoned its obligation to exercise jurisdiction over the Clean Water Act. Read full article »

PEOPLE

Orrick Adds Ex-Norton Rose Energy Tax Expert In NY

Orrick Herrington & Sutcliffe LLP has announced that a former tax partner at Norton Rose Fulbright with a focus on renewable energy joined the firm in its New York office. Read full article »

Gibson Dunn Snags Jones Day Energy Transactions Attorney

Gibson Dunn & Crutcher LLP has added a former Jones Day attorney with experience in renewable, fossil fuel and other energy-related transactions as a partner in the firm's Denver office. Read full article »

EXPERT ANALYSIS

Automated Vehicles In 2019: Predictions And Suggestions

As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP. Read full article »

Settlement Counsel Key For Efficient Mass Tort Resolution

Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels. Read full article »

LEGAL INDUSTRY

Analysis

Skadden's Deal With DOJ Comes With Woes For Greg Craig

Skadden Arps Slate Meagher & Flom LLP called its $4.6 million deal with the U.S. Department of Justice “closure” after failing to register its lobbying work for the Ukrainian government, yet experts say the settlement actually exposes serious legal risks faced by ex-partner Greg Craig and potentially others. Read full article »

Analysis

Skadden Began Ukraine Work With Caution, Ended It In Lies

Emails released by the U.S. Department of Justice show how Skadden Arps Slate Meagher & Flom LLP lawyers slowly abandoned caution toward a foreign lobbying law and began openly lying to federal investigators during their engagement with the Ukrainian government from 2012 to 2013. Read full article »

Analysis

Skadden Deal Shows DOJ's FARA Focus Shifting To High Gear

The settlement announced Thursday between Skadden Arps Meagher & Flom LLP and the U.S. Department of Justice is the latest sign of increased enforcement of the current Foreign Agent Registration Act, even as efforts to update the law have gone nowhere. Read full article »

Analysis

For Skadden's Brand, Ukraine Scandal A Shot Across The Bow

Skadden’s unregistered lobbying work for the Ukrainian government has cost the law firm $4.6 million in a settlement with the U.S. Department of Justice, but could the debacle cost the firm even more in reputational damage? Read full article »

How Skadden's Foreign Agent Scandal Unfolded

Skadden Arps Slate Meagher & Flom LLP has agreed to pay a $4.6 million settlement with the U.S. Department of Justice for failing to register as a foreign agent. Here, we look at how the firm got to this point. Read full article »

Feature

Could A Tougher Standard For Law Schools Hurt Diversity?

The American Bar Association’s governing body is poised to vote later this month on a proposal to create stricter standards for law school bar passage rates, a move some say could have a negative impact on the diversity of the legal profession. Read full article »

Fed. Circ. To Remain Open During Shutdown

The Federal Circuit said in an order published on Friday that it would remain open during the partial government shutdown, with all deadlines remaining in place and all oral arguments proceeding as scheduled, as the federal courts brace themselves to run out of available funds within the coming days. Read full article »

GC Cheat Sheet: The Hottest Corporate News Of The Week

Two new reports found that in-house lawyers are increasingly looking for nontraditional perks such as flexible work arrangements and paid meals in addition to hefty bonuses, and that law firm leaders in the new year are overall fairly confident about their own shops' prospects but have more gloomy predictions about the domestic and global economies. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read full article »

Podcast

Law360's Pro Say LIVE: SDNY Chief Talks Women In The Law

This week the Pro Say podcast is live from the New York State Bar Association's annual meeting, talking with the chief judge of the Southern District of New York about how women are faring in the legal profession. Read full article »

Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan. Read full article »

Feature

Behind The Scenes, #TimesUp Fund Gets To Work

The TimesUp Legal Defense Fund, born of a social media hashtag, has grown to $24 million and is so far funding sexual harassment litigation, defamation defense, and public relations on behalf of dozens of women. But most of its work is taking place behind the scenes. Read full article »

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AT&T Inc.

American Bar Association

American Fuel & Petrochemical Manufacturers

American Trucking Associations Inc.

Bank of America Corp.

Bright House Networks LLC

British Bankers' Association

CONSOL Energy Inc.

Center for Biological Diversity

Charter Communications Inc.

Chobani LLC

Cisco Systems Inc.

Citigroup Inc.

Competitive Enterprise Institute

Conservation Law Foundation

Defenders of Wildlife

Environmental Defense Fund Inc.

Faculty Athletics Representatives Association

Fordham University

Global Infrastructure Partners

Google Inc.

Groupe Danone

Instagram Inc.

Intel Corp.

Intercontinental Exchange Inc.

LG&E and KU Energy LLC

McDonald's Corporation

NRG Energy Inc.

National Women's Law Center

Natural Resources Defense Council

New York City Bar Association

New York Daily News Co.

New York State Bar Association

New York Times Co.

PB Bancorp Inc.

PG&E Corporation

Sierra Club

Southern Environmental Law Center

Spectrum Management Holding Co.

The Boeing Company

The Gap Inc.

Tyson Foods Inc.

Verizon Communications Inc.

Volkswagen

Wal-Mart Stores Inc.

Weaver LLP

Xcel Energy Inc

LAW FIRMS

Abadie & Schill

Adams and Reese

Akerman

Arent Fox

Arnold & Porter

Axinn

Baker Botts

Baker Donelson

Balch & Bingham

BatesCarey LLP

Bodman PLC

Boies Schiller

Brockett & McNeel

Brunini Grantham

Buckley LLP

Campbell Guin

Clarence Dyer

Covington & Burling

Cravath Swaine

Crowell & Moring

DeWitt LLP

Dinsmore & Shohl

Earthjustice

Faegre Baker

Foley & Lardner

Fried Frank

Gibson Dunn

Glaser Weil

Greenberg Traurig

Hausfeld

Haynes and Boone

Hogan Lovells

Holland & Knight

Jackson Walker

Jenner & Block

Jomarron Lopez

Jones Day

Kator Parks

Kelly Hart

Kennerly Montgomery

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Latham & Watkins

Levy Vinick

Lightfoot Franklin

Mayer Brown

Maynard Cooper

McGuireWoods

Miller & Chevalier

Mintz & Gold

Morgan Lewis

Nelson Mullins

Norton Rose Fulbright

O'Melveny & Myers

Orrick Herrington

Paul Weiss

Phillips Lytle

Quinn Emanuel

Reichard & Escalera

Riley & Jackson

Ropes & Gray

Rothman Gordon

Seyfarth Shaw

Shamoun & Norman

Shearman & Sterling

Sidley Austin

Skadden

Sullivan & Cromwell

Wallace Jordan

Wanger Jones

Warner Norcross

WhatleyKallas

White & Case

Wiley Rein

Williams & Connolly

Winston & Strawn

Zuckerman Spaeder

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California Air Resources Board

California Attorney General's Office

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Menominee Indian Tribe

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