Energy

  • July 24, 2024

    EPA Moving Toward New Regulations For 5 Chemicals

    The U.S. Environmental Protection Agency on Wednesday kicked off the process to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, last year.

  • July 23, 2024

    Knives Out For Another Pro-Agency Landmark After Chevron

    Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system.

  • July 23, 2024

    Sidley, Cooley Craft Filter Maker's $1B Sale To IDEX Corp.

    Specialty equipment maker IDEX Corp. will buy industrial filter manufacturer Mott Corp. and its subsidiaries in a $1 billion all-cash deal led by Sidley Austin LLP and Cooley LLP, the companies announced Tuesday.

  • July 23, 2024

    House Panel Weighs New Rail Safety Regs After East Palestine

    The fiery Norfolk Southern derailment in East Palestine, Ohio, last year has created new urgency for strengthening federal standards for tank car designs, rail safety technology, track inspection protocols and classifying hazardous materials-carrying trains, industry experts told a House subcommittee Tuesday.

  • July 23, 2024

    Red States Seek High Court Stay Of EPA Power Plant Rule

    Dozens of red states Tuesday urged the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, four days after the D.C. Circuit rejected a stay request.

  • July 23, 2024

    Feds Get OK To Seek Title To ND Riverbed For Mineral Rights

    The federal government can add a cross-claim against North Dakota in litigation over who owns mineral rights beneath a portion of the Missouri River, a D.C. federal judge ruled Tuesday, clearing the way for the United States to seek a court order declaring that the riverbed is held in trust for the Mandan, Hidatsa and Arikara Nation.

  • July 23, 2024

    Ariz. Justices OK Use Of Power Deal In Plant's Valuation

    An Arizona power plant's income from a power purchase agreement may be considered in the income analysis of the valuation of the property, the state Supreme Court said, sending the matter back to the state tax court.

  • July 23, 2024

    Regional Electric Co-Op Sues Power District Over Unpaid Bills

    A regional electric cooperative based in Colorado has filed a lawsuit in Colorado federal court against a Nebraska public power district, alleging the Nebraska entity is refusing to pay for more than $1 million of electricity it bought from the regional cooperative this year.

  • July 23, 2024

    Feds Urge Final Toss Of Youths' Constitutional Climate Suit

    The U.S. government called on a California federal judge to reject an attempt by youth plaintiffs to amend their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests, saying they have alleged no harm from the policies they seek to enjoin.

  • July 23, 2024

    Stay Of Power Plant Mercury Rule Unwarranted, EPA Says

    The U.S. Environmental Protection Agency, joined by states, cities and public health and environmental groups, is urging the D.C. Circuit not to block a new rule tightening standards for mercury and other toxic metal emissions from some coal-fired power plants.

  • July 23, 2024

    Senate Dems Roll Out Bill To Codify Chevron Deference

    Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.

  • July 23, 2024

    Insurers Must Defend Well Driller In Lead Contamination Suit

    Insurers must defend a drilling company accused of contaminating a rental property's water supply with dangerous levels of lead, a Montana federal court ruled, saying they haven't shown the underlying claims fall outside the policies' insuring agreements or are otherwise excluded from coverage.

  • July 23, 2024

    Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit

    The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."

  • July 23, 2024

    EPA Says High Court's Chevron Ruling Doesn't Doom Air Rule

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit that a U.S. Supreme Court decision eliminating judges' obligation to defer to federal agencies in rulemaking litigation does not impact its decision to reject states' ozone air pollution plans.

  • July 23, 2024

    Feds Say Student Must Fight Sanctions In Treasury, Not Court

    The White House told a D.C. federal court that an international student can't sue over being blacklisted based on her father's business dealings in Myanmar, as she hadn't yet challenged the sanctions through an agency appeals system.

  • July 23, 2024

    Orrick Hires Ex-Winston & Strawn Tax Partner In Chicago

    Orrick Herrington & Sutcliffe LLP announced the hiring of a former partner at Winston & Strawn LLP for its renewables tax equity and tax credit team.

  • July 22, 2024

    EPA Awards $4.3B In Grants For Climate Change Projects

    The U.S. Environmental Protection Agency said it's steering $4.3 billion in grant funding to 25 projects that promise to help curb greenhouse gas pollution, advance environmental justice and transition the country to clean power.

  • July 22, 2024

    Gazprom Unit Illegally Seized Helium Containers, Linde Says

    Linde Inc. sued RusChemAlliance and Gazprom in New York federal court Friday alleging they illegally seized helium containers in Russia as collateral in an unrelated contractual fight they have with nonparty engineering firm Linde GmbH over gas plant projects shuttered amid expanded sanctions against Russia following its invasion of Ukraine.

  • July 22, 2024

    Gov't Wants Protest Over $186M In DOD Fuel Deals Thrown Out

    The Defense Logistics Agency has urged the Court of Federal Claims to dismiss a protest alleging it wrongly ignored misconduct by companies awarded $186 million in fuel delivery deals, saying it adequately investigated the claims and found nothing untoward.

  • July 22, 2024

    Jury Delivers $138M Verdict In Bitcoin Mining Consultant Suit

    A California federal jury unanimously found bitcoin mining firm Marathon Digital Holdings Inc. liable for nearly $139 million in damages over allegedly breaching a consultant's contract when it cut him out of the deal he brought to the firm.

  • July 22, 2024

    Insurer Says Bank Must Pay Its $1.1M Drawdown Request

    A surety for an oil and gas operator that has recently sought Chapter 11 protection told a Washington federal court that a bank has repeatedly failed to hold up its end of an "irrevocable letter of credit," alleging the bank owes it over $1.1 million.

  • July 22, 2024

    Fifth Third Sued In $20M Escrow Dispute Over Dividend Solar

    A private equity seller of a solar panel fintech lender that Fifth Third Bank bought in 2022 has sued the bank in New York federal court to free up $20 million in indemnity escrow funds that it alleges the bank has tried improperly to withhold over state investigations tied to the fintech.

  • July 22, 2024

    Ex-Lobbyist Asks To Be Severed From Madigan RICO Case

    The former Commonwealth Edison lobbyist on track to face a jury alongside former Illinois House Speaker Michael Madigan this fall asked a federal judge Friday to sever his corruption case from Madigan's, saying a joint trial would be unfair because Madigan's lawyers intend to act as "second prosecutors" against him.

  • July 22, 2024

    Energy Co. Accused Of Putting Off $5M Construction Project

    A Houston energy company has accused its Austin business partner of failing to build a more than $5 million liquid distillation machine over four years after executing a contract to do so.

  • July 22, 2024

    Catching Up With Delaware's Chancery Court

    A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.

Expert Analysis

  • Series

    Being A Luthier Makes Me a Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

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    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • Ambiguity Ruling Highlights Deference To Arbitral Process

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    A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.

  • Keeping Up With Carbon Capture Policy In The US And EU

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    Recent regulatory moves from the U.S. Environmental Protection Agency and the European Commission in the carbon capture, sequestration and storage space are likely to further encourage the owners and operators of fossil fuel-fired power plants to make decisions on shutdowns or reconfiguration to meet the expanding requirements, say Inosi Nyatta and Silvia Brünjes at Sullivan & Cromwell.

  • New State Climate Liability Laws: What Companies Must Know

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    New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.

  • EU Investor-State Dispute Transparency Rules: Key Points

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    The European Union's recent vote to embrace greater transparency for investor-state arbitration will make managing newly public information more complex for all parties in a dispute — so it is important for stakeholders to understand the risks and opportunities involved, say Philip Hall, Tara Flores and Charles McKeon at Thorndon Partners.

  • Despite Calif. Delays, Climate Disclosure Rules Are Coming

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    Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What Happens After Hawaii Kids' Historic Climate Deal

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    Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

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