Energy

  • April 15, 2024

    Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

    A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.

  • April 15, 2024

    2nd Circ. Affirms Telecom Co.'s $13M Union Pension Bill

    The Second Circuit upheld a New York federal court's determination that a telecommunications company owed $13 million in withdrawal liability to a multiemployer pension plan for electrical and contract workers, agreeing Monday with an arbitrator's finding that a construction industry exception didn't apply to the disputed work.

  • April 15, 2024

    EQT To Swap $500M Of Gas Assets As Part Of Divestiture Plan

    EQT Corp. and Equinor said Monday that they have agreed to an asset swap arrangement that will include Equinor paying $500 million in cash for a minority stake in EQT's nonoperated natural gas assets in Northeast Pennsylvania, part of a broader EQT strategy to divest assets and reduce debt ahead of its planned close of an energy mega-deal. 

  • April 15, 2024

    Simpson Thacher Corporate Pro Rejoins Weil In Houston

    Weil Gotshal & Manges LLP announced Monday that it has welcomed back an infrastructure lawyer who has rejoined the firm in Houston after six years with Simpson Thacher & Bartlett LLP.

  • April 15, 2024

    EPA Won't Cut Stationary Combustion Turbines From CAA

    The U.S. Environmental Protection Agency on Monday rejected a petition filed by energy industry groups looking to remove stationary combustion turbines from the list of sources subject to regulation for emissions of air toxics.

  • April 15, 2024

    Italian Cable Giant Prysmian Buying Encore Wire For $4.2B

    Milan-based electric cabling manufacturer Prysmian said Monday it has agreed to purchase McKinney, Texas-based Encore Wire in a transaction with an approximately $4.2 billion enterprise value.

  • April 12, 2024

    Split PTAB Panel Upholds QinetiQ Fracking Patent

    A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.

  • April 12, 2024

    Chamber Defends SEC Climate Regs From Enviros' Challenge

    The U.S. Chamber of Commerce wants to help defend the U.S. Securities and Exchange Commission against legal challenges environmental groups have brought over its climate disclosure regulations, even after the business group sued the regulator in March to have the rules nixed.

  • April 12, 2024

    Feds Must Rethink Erasing Aluminum Duty After Refund Issue

    The U.S. Department of Commerce must reconsider expanding a duty refund to wipe out a Turkish aluminum importer's anti-dumping tariff, after the U.S. Court of International Trade found that officials applied the refund to ineligible imports.

  • April 12, 2024

    Crash Victim's Family Wins $38M Verdict Against Oncor

    A Texas jury has handed a $37.5 million verdict to the family of a man who died in a crash involving an Oncor driver, coming to its decision after reviewing evidence that showed the driver for the electric utility was distracted behind the wheel and never hit the brakes.

  • April 12, 2024

    Ocean Energy Co. Thwarting Shareholder Vote, Investor Says

    An investor that has been trying for nearly a year to nominate an alternative slate of directors for the board of an offshore renewable energy company sued in Delaware's Court of Chancery late Thursday, alleging the company and its management have been scheming to prevent a fair stockholder vote.

  • April 12, 2024

    DOI Sews Up Overhaul Of Oil Leasing Regs And Rates

    The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.

  • April 12, 2024

    DOJ Must Cut Through Political Noise In US Steel Probe

    The U.S. Department of Justice has its work cut out for it as it conducts a probe of Nippon Steel's planned $14.9 billion takeover of U.S. Steel, a potentially drawn out process that experts say will test the antitrust division's ability to remain objective in the face of immense pressure from President Biden, an influential union, and a concurrent CFIUS review. 

  • April 12, 2024

    Mediation Not Required In River Authority Price Hike Row

    The Texas Supreme Court on Friday reversed a lower court decision that the San Jacinto River Authority was required to mediate claims with two Houston-area cities over unpaid amounts for groundwater services, writing that contract provisions for alternative dispute resolution "do not serve as limits" on a waiver of governmental immunity.

  • April 12, 2024

    Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit

    Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.

  • April 12, 2024

    Lionsgate Ups PIPE To $225M Before $4.6B SPAC Merger

    Entertainment and production giant Lionsgate on Friday is raising the amount of its private investment in public equity related to its planned $4.6 billion merger with special purpose acquisition company Screaming Eagle Acquisition Corp. to $225 million, according to a filing with the U.S. Securities and Exchange Commission.

  • April 12, 2024

    Gas Co. Accuses Tech Partner Of 'Snake Oil Salesman' Tactics

    A Houston natural gas company asked a federal court Thursday to revoke a state settlement agreement between it and a partner who allegedly provided it with faulty monitoring equipment, calling the company a "modern-day snake oil salesman" that retaliated when it was "called on its failures."

  • April 12, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    Justices Limit Shareholder Suits Over Corporate Disclosures

    A unanimous U.S. Supreme Court on Friday ruled that a corporation's failure to disclose certain information about its future business risks, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim.

  • April 11, 2024

    Investors Again Seek Asset Freeze To Enforce $60M Awards

    Two Chinese investment firms have again urged a California federal court to impose a worldwide freeze against a renewable energy company's assets as they seek to enforce about $60 million in arbitral awards, saying the company is in increasing financial distress.

  • April 11, 2024

    3 Firms Guide Safety Inspection Firm UL's Upsized $946M IPO

    Safety inspection company UL Solutions Inc. on Thursday completed a larger-than-anticipated $946 million initial public offering near the top of its price range, guided by three law firms.

  • April 11, 2024

    NJ Climate Suit Goes 'Far Beyond' Boundaries, Oil Cos. Say

    Six oil companies and an energy trade group told a judge Thursday that New Jersey Attorney General Matthew Platkin is attempting to stretch the state's tort law "far beyond" any manageable boundaries in attempting to hold them liable for allegedly misleading Garden State residents about the climate impacts of fossil fuels.

  • April 11, 2024

    Interior Dept. Finalizes Rule To Strengthen Endangered Species Act

    The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.

  • April 11, 2024

    Energy Co. Says Insurer Can't Execute $21M Death Settlement

    A Berkley unit should be barred from executing a $21 million policy-limit settlement demand in a wrongful death suit, an energy company facing a separate suit told a Texas federal court, saying it will be left without coverage for a competing settlement demand if the insurer exhausts its policy limits.

  • April 11, 2024

    Pacific Pipeline To Pay Calif. Landowners $70M Over Oil Spill

    A class of landowners urged a California federal judge to sign off on a $70 million deal with Pacific Pipeline Co. to resolve litigation stemming from the rupture of an onshore pipeline that leaked 140,000 gallons of crude oil near Santa Barbara, California, according to a motion for settlement approval entered Wednesday.

Expert Analysis

  • FERC's Updated Settlement Policy Comes With Risks For Cos.

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    The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

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    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Caremark 2.0 Lends Shareholders Agency Against Polluters

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    The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.

  • Wildfire Challenges For Utility Investors: Regs And Financing

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    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Wildfire Challenges For Utility Investors: Liability Theories

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    The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Webpages Must Meet Accessibility Standard To Be Prior Art

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    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • Strategies For Single-Member Special Litigation Committees

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    The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

  • 10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation

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    By applying Oklahoma's statutory definitions of pollution to a private landowner's claim for negligence for the first time, the Tenth Circuit's recent decision in Lazy S Ranch v. Valero will likely make it harder to obtain summary judgment in oilfield contamination cases, and will lead to more litigation, say attorneys at GableGotwals.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

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