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December 19, 2023
DC Circ. Won't Keep Climate Fraud Suit In Federal Court
The D.C. Circuit on Tuesday rejected contentions from four oil giants that a climate change fraud suit filed by Washington, D.C.'s attorney general doesn't belong in a local D.C. court, becoming the latest circuit to conclude that federal courts don't have jurisdiction over such suits.
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December 19, 2023
FERC Will Rethink Wall Street Utility Ownership Rules
The Federal Energy Regulatory Commission on Tuesday said it would re-examine its policy for allowing financial firms such as BlackRock Inc., Vanguard Group Inc. and State Street Corp. to own electric utilities.
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December 19, 2023
Senators Urge EPA To Rescind Clean Power Plan 2.0
Republican Senators Shelley Moore Capito and John Barrasso called on the U.S. Environmental Protection Agency to rescind its May proposal aimed at slashing power plants' greenhouse gas emissions, arguing the proposed rule threatens electric grid reliability and increased consumer costs.
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December 19, 2023
Paul Weiss, Kirkland Steer $179M Buy Of Bitcoin Mining Sites
Guided by Paul Weiss, bitcoin ecosystem business Marathon Digital Holdings Inc. has agreed to purchase two bitcoin mining sites for $178.6 million in cash from subsidiaries of Kirkland & Ellis-led Generate Capital, according to a Tuesday announcement.
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December 19, 2023
Tribal Leaders Call For More Support To Sustain Broadband
Native American telecoms are urging the Federal Communications Commission to ensure broadband networks on tribal lands can be sustained long-term, not backed only by one-time investments through development funds.
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December 19, 2023
FERC Approved Unneeded La. LNG Pipeline, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully approved an unneeded project when it gave the go-ahead to a Tellurian subsidiary's $1.4 billion plan to construct 67 miles of gas pipelines in Louisiana to feed a liquefied natural gas export terminal, environmental groups told the D.C. Circuit.
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December 19, 2023
GE Presses 11th Circ. To Keep Turbine Suit In Arbitration
General Electric has urged the Eleventh Circuit to keep a $28 million dispute over an Algerian power plant turbine failure in arbitration, arguing that even though the plant owners weren't signatories to a services contract with the facility operator, they benefited from the agreement.
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December 18, 2023
Tennessee Alleges BlackRock's ESG Goals Mislead Investors
Tennessee is accusing asset manager BlackRock of misleading customers about its environmental, social and corporate governance investment strategies in an effort to appeal to a broad base of customers, according to a suit filed in Tennessee state court Monday.
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December 18, 2023
'Pay-As-You-Trespass' Remedy Can't Stand, Tribe Argues
Enbridge Energy Co. shouldn't be allowed to pay essentially "fair rental value" with a lower court's three-year pass allowing the company to continue operating a controversial pipeline on reservation land despite federal law stating such forced conveyance is invalid, a native tribe in Wisconsin told the Seventh Circuit.
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December 18, 2023
Contractor Brings $285M Arbitrator Bias Case To High Court
A contractor enlisted on a multibillion-dollar project to widen the Panama Canal has urged the U.S. Supreme Court to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards, arguing the justices must resolve lingering confusion over the vacatur standard for evident partiality.
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December 18, 2023
Kentucky Urges 6th Circ. To Revive WOTUS Suit
Kentucky on Monday urged the Sixth Circuit to revive its lawsuit challenging the federal government's controversial rule defining its jurisdiction under the Clean Water Act.
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December 18, 2023
Alaska LNG Enviro Review Still Lacking, DC Circ. Told
The U.S. Department of Energy continues to unlawfully discount the climate change harms associated with a $43 billion liquefied natural gas project in Alaska despite performing a supplemental environmental review, environmental groups told the D.C. Circuit.
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December 18, 2023
GOP Questions FCC On How Many People Subsidies Help
Congressional Republicans demanded the Federal Communications Commission "correct" the record on how many people the Affordable Connectivity Program actually helps, accusing the agency of playing fast and loose with the data as money runs low in the ACP.
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December 18, 2023
IEA Seeks Summary Judgment In Ares, Oaktree Merger Suit
An attorney representing the sellers in a $1.1 billion infrastructure company merger told a Delaware vice chancellor Monday that a deal-window dip in warrant prices left two private investors ineligible for $12 million in anti-dilution shares during that time, contrary to their multiple objections.
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December 18, 2023
Judge Won't Budge On Dismissal Of Colo. Gas Royalty Fight
A Colorado federal judge has put an end to long-running litigation accusing a pair of gas companies of underpaying royalties, saying the facts that previously led the court to dismiss the claims have not changed.
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December 15, 2023
Parties Want To Revisit Ore. Dam Review In 5 Years
The states of Oregon and Washington, as well as a coalition of green groups and Native American tribes, have entered into a joint agreement with the federal government to pause their lawsuit over hydropower practices on the Columbia River until 2029, as the parties begin restoring salmon habitats.
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December 15, 2023
Argentina Gets Win In $667M Hydroelectric Plant Claim
Argentina has fended off a $667 million claim asserted by a Spanish investor in a hydroelectric plant over regulatory changes adopted following the country's 2001 economic crisis, after a divided international tribunal said the investor had no reason to believe the changes would be temporary.
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December 15, 2023
Feds Defend Arctic Seal Habitat Against Alaska Challenge
The federal government is calling on an Alaska federal judge to throw out the state's lawsuit challenging the designation of some Arctic waters as habitat for two endangered seal species, saying the court should reject the false premise that the size of the critical habitat designations makes them "inherently suspect."
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December 15, 2023
Biggest Energy-Related Court Decisions Of 2023
Between climate change suits against fossil fuel companies and state governments moving forward and courts potentially limiting the scope of federal energy agency authority, there was no shortage of court rulings with major implications for the energy industry in 2023. Here's a recap of some of the most significant energy-related decisions of the past year.
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December 15, 2023
Dykema Brings On Corporate Pro From Real Estate Boutique
Dykema Gossett PLLC has strengthened its real estate practice with the addition of a senior counsel in San Antonio from Kruger Carson PLLC.
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December 15, 2023
Off The Bench: NCAA Bruised, DC Teams Eye Va., Puig Delay
In this week's Off The Bench, the NCAA hits pause on a hotly contested athlete transfer rule, a BigLaw fixture helps two Washington D.C. franchises decamp for Virginia, and the trial of former MLB All-Star Yasiel Puig's obstruction of justice trial gets delayed. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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December 15, 2023
Taxation With Representation: Latham, Freshfields, Debevoise
In this week's Taxation With Representation, AstraZeneca buys Icosavax, SiriusXM merges with Liberty Media Corp., and Occidental acquires CrownRock LP.
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December 14, 2023
Enviro Groups Sue BNSF Railway Over Grizzly Bear Deaths
Conservation groups on Thursday hit BNSF Railway Co. with a citizen-suit claiming the company is violating the Endangered Species Act by running trains across Montana and Idaho that have killed dozens of grizzly bears, including three in September.
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December 14, 2023
Conservative Groups Fight FCC Digital Equity Rule
Two dozen right-leaning organizations have called on Congress to peel back the Federal Communications Commission's recently adopted directive against digital discrimination, saying the responsibility rests with lawmakers to head off "bureaucratic overreach and the economic devastation that may accompany it."
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December 14, 2023
Judge Says There's No Sign Of Bad Faith In Wind Farm Delay
Claims that a renewable energy developer intentionally delayed the construction of a 126-megawatt wind project to avoid paying out nearly $70 million from soon-to-expire federal tax credits are not supported by evidence, a New York federal judge ruled Thursday, following the completion of a bench trial.
Expert Analysis
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Opinion
8th Circ. Judge Is Right — Climate Suits Should Be Federal
While the Eighth Circuit recently ruled that Minnesota v. American Petroleum Institute, a climate change lawsuit, belongs in state court, a concurring opinion from one judge on the panel offers a convincing argument that questions involving alleged climate liability can only be resolved at the federal level, says former Maine Attorney General Andrew Ketterer.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Mexican Reform Bill Threatens Private Sector Investments
Following the announcement of an extensive and potentially problematic Mexican reform proposal that targets 23 laws, which could considerably affect the private sector and lead to increased arbitration proceedings, businesses and investors in Mexico should prepare for a likely changing legal landscape, say attorneys at Mayer Brown.
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Biden Admin. Proposals Both Encourage And Thwart EV Adoption
While the Biden administration has been aggressively focused on promoting electric vehicles from the start, its recently issued guidance on EV tax credits and its restrictive new auto emissions proposal create a sense of implementation whiplash that may frustrate manufacturers and consumers, says Levi McAllister at Morgan Lewis.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Rebuttal
Climate Change And Discount Rates: A Broader Perspective
Recent Law360 guest articles have suggested different methods for determining the ideal discount rate for natural resource damage assessments — but consideration of dynamic situations like climate change requires an analysis that balances near-term investments against irreversible future damage to ecosystems, says Charles Cicchetti at Cicchetti Associates.
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Renewable Energy M&A Is Still Strong, Despite Challenges
The recent history of renewable energy has included ongoing supply chain issues, legislative challenges and rising interest rates — but mergers and acquisitions in the sector are expected to remain robust this year, fueled by growing demand and Inflation Reduction Act incentives, say consultants at FTI Consulting.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Issues And Opportunities In Hydrogen Fuel Cell Development
A variety of tax incentives, funding opportunities and state programs have the potential to provide value across the hydrogen fuel cell business chain and alleviate existing hurdles, establishing a stronger business case for the continued development of hydrogen infrastructure, says Pamela Wu at Morgan Lewis.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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IRS Green Energy Tax Credit Notice Provides Needed Clarity
Recent IRS guidance clarifying how the government will determine energy community locations for purposes of bonus clean energy tax credits should help resolve risk allocation disagreements among financing parties and parties to merger and acquisition transactions, say Casey August and Paul Gordon at Morgan Lewis.
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Clean Hydrogen Hubs Can Help Grow A Green Economy
Clean hydrogen hubs set to be funded by the U.S. Department of Energy's Office of Clean Energy Demonstration should help kick-start the hydrogen economy, by demonstrating the commercial potential of hydrogen alternatives to existing carbon-intensive processes, and by co-locating all the essential participants in close proximity, say attorneys at Shearman.