Energy

  • June 18, 2024

    Green Group Insists It Can Fight Colo. Air Plan Approval

    The Center for Biological Diversity told the Tenth Circuit it didn't forfeit its challenge to the U.S. Environmental Protection Agency's approval of a Colorado air emissions permitting program and that the agency is wrong to assert otherwise.

  • June 18, 2024

    9th Circ. Asked For En Banc Review In Youths' Climate Case

    Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.

  • June 18, 2024

    Blue States, Enviro Groups Back DOE Furnace Rule

    Several blue states and environmental and consumer groups Monday threw their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.

  • June 18, 2024

    Steel Co. Says Cambodian Hangers Are Skirting Hefty Duties

    A domestic hanger manufacturer accused its foreign rivals of skirting steep antidumping and countervailing steel tariffs by shipping hangers made with Chinese and Vietnamese steel from Cambodia.

  • June 18, 2024

    A&O Shearman Corporate Finance Atty Rejoins Norton Rose

    Norton Rose Fulbright has welcomed back a corporate finance partner in its Houston office, the global firm announced Tuesday, part of an ongoing push to add lateral hires across office locations and practices, firm leaders said.

  • June 18, 2024

    Musk Pay Claims Still Alive After Texas Vote, Chancery Told

    Attorneys for Tesla stockholders who won a Court of Chancery order voiding CEO Elon Musk's mammoth stock-based compensation plan in January are rejecting as having no legal effect a vote last week to ratify the same 10-year package, once valued at $56 billion.

  • June 18, 2024

    EPA Tells DC Circ. That Smog Plan Is Legally Sound

    The U.S. Environmental Protection Agency on Monday defended its plan to reduce smog-forming emissions in several states, telling the D.C. Circuit that it's taken a sensible approach to cracking down on upwind pollution using a formula that has been backed by the U.S. Supreme Court.

  • June 18, 2024

    African Gold Miner To Go Public Via $500M SPAC Merger

    African gold miner Namib Minerals said Tuesday it has agreed to go public by merging with special-purpose acquisition company Hennessy Capital Investment Corp. VI at an estimated $500 million value, a deal said to be the largest SPAC acquisition involving an African business to date.

  • June 18, 2024

    Insurers Must Keep Defending Heating Oil Co. In Class Suit

    Two Crum & Forster units must continue defending a heating oil company and several executives in a class action claiming the company provided oil with elevated levels of biodiesel that caused property damage, a Massachusetts federal court ruled, saying the policies' "failure to supply" provisions do not limit or exclude coverage.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    Trader Claims Firm Owes Bonus On $37M Texas Storm Profits

    A trader told a Denver jury Monday that a Colorado energy marketing company fired him as retaliation after he accused the CEO of failing to pay out his cut of $37 million from trades made during a 2021 Texas storm that caused natural gas prices to spike.

  • June 17, 2024

    Milbank Snags FTC Competition Trial Chief For DC Office

    Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.

  • June 17, 2024

    DC Circ. Gives FERC More Clarity On Scope Of Climate Reviews

    A recent D.C. Circuit decision not only endorses the Federal Energy Regulatory Commission's current approach to reviewing the climate change impacts of gas infrastructure projects, but may also help trim environmental reviews by federal agencies across the board.

  • June 17, 2024

    Tesla Says Texas Charter, Musk Pay Have Impact In Delaware

    Pointing to recent Tesla stockholder votes to reincorporate in Texas and approve a mammoth Elon Musk pay package voided in Delaware, an attorney for Tesla has asked the Court of Chancery to reconsider holding a July 8 hearing on a proposed multibillion fee for class attorneys who won the Musk salary put-down.

  • June 17, 2024

    6th Circ. Sends Enbridge Pipeline Dispute To Mich. State Court

    A Sixth Circuit panel on Monday remanded a dispute between Michigan's attorney general and Enbridge Energy that looks to shut down dual pipelines that cross the Straits of Mackinac, saying the company failed to timely remove the case to federal court and there are no equitable exceptions to do so.

  • June 17, 2024

    Exxon Investor Deal Ends Suit Over Emissions Proposal

    Activist investor Arjuna Capital has escaped Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement after a Texas federal judge on Monday accepted the investor's promises not to resubmit the proposal.

  • June 17, 2024

    Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

    A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

  • June 17, 2024

    No Coverage For Family Shareholder Row, 2nd Circ. Affirms

    A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.

  • June 17, 2024

    Feds, Tribes Say It's Too Soon To Reopen Monument Suit

    The federal government, tribes and conservation groups are fighting a bid by Utah and farming associations to lift a more than three-year stay in a challenge to the Bears Ears National Monument, arguing that the state is already involved in litigation that attempts to nullify the presidential proclamation that established it.

  • June 17, 2024

    CFTC Fines Trafigura $55M In Novel Whistleblower Action

    The U.S. Commodity Futures Trading Commission announced a first-of-its-kind settlement Monday with Trafigura Trading LLC, which agreed to pay a $55 million penalty over allegations that it manipulated oil derivatives prices while discouraging employees from reporting potentially illegal activity.

  • June 17, 2024

    Ares, Searchlight-Led Group Plugs £500M Into RSK Group

    British sustainability company RSK Group Ltd., advised by Travers Smith LLP, on Monday announced that it is set to receive a £500 million ($634.5 million) preferred equity investment from a group led by private equity firms Willkie Farr & Gallagher LLP-led Searchlight Capital Partners LP and Dechert LLP-led Ares Management Corp., which will be used to fund growth initiatives.

  • June 17, 2024

    Gibson Dunn Adds Foley Hoag Energy Pro In DC

    Gibson Dunn & Crutcher LLP announced Monday that it has expanded its energy practice with the addition of a Foley Hoag LLP partner who boasts nearly 15 years of experience in federal energy regulatory matters, including practicing before the Federal Energy Regulatory Commission.

  • June 17, 2024

    Catching Up With Delaware's Chancery Court

    Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

  • June 17, 2024

    Ga. County Says Battery Co.'s Dumping Caused Blaze

    A Georgia electric vehicle battery manufacturer that has come under regulatory scrutiny for a series of workplace safety violations has been hit with a lawsuit from its own county, which accused the company of dumping hundreds of batteries that led to a massive fire at a local recycling plant.

  • June 17, 2024

    BNSF Owes Wash. Tribe $400M For Oil Shipping Trespass

    BNSF Railway Co. must pay a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, a federal judge in Seattle ruled Monday.

Expert Analysis

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Emerging Trends In ESG-Focused Securities Litigation

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    Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • What Alternative Fuel Proposals Mean For EU Infrastructure

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    The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • 'Energy Communities' Update May Clarify Tax Credit Eligibility

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    A recent IRS notice that includes updated lists of locations where clean energy projects can qualify for additional tax credits — based 2023 unemployment data and placed-in-service dates — should help provide clarity regarding project eligibility that sponsors and developers need, say attorneys at Troutman Pepper.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

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