Energy

  • May 20, 2024

    Biofuel Groups Urge High Court To Undo 5th Circ. Ruling

    Two biofuel trade associations called on the U.S. Supreme Court on Monday to review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, highlighting a split with five other circuit courts.

  • May 20, 2024

    Mich. Town Can't Block $2B Battery Plant, Judge Rules

    A Michigan federal judge has ordered that Green Charter Township can't prevent Gotion Inc.'s upcoming battery components plant, in which the company plans on investing more than $2 billion, from moving forward.

  • May 20, 2024

    Conn. Retools Bid To Deny Utility Board Member's Pension

    The state of Connecticut on Monday agreed to retool two paragraphs of a complaint seeking to revoke the pension of a Norwich city employee convicted of misusing funds while serving on a public utility board, a move that a state trial court judge hoped would more swiftly adjudicate the dispute.

  • May 20, 2024

    Oil & Gas Groups Press DC Circ. To Block EPA Methane Rule

    Oil and gas industry groups on Friday urged the D.C. Circuit to block the U.S. Environmental Protection Agency's expanded methane emissions control requirements while they're being challenged in court, saying the agency failed to reckon with the requirements' outsized impacts on owners of low-producing oil and gas wells.

  • May 20, 2024

    Catching Up With Delaware's Chancery Court

    Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.

  • May 20, 2024

    Fried Frank, K&L Gates Lead $950M Sale Of Transportation Biz

    Transportation and distribution services provider Saltchuk Resources Inc., advised by K&L Gates LLP, on Monday announced plans to acquire energy transportation services provider Overseas Shipholding Group Inc., led by Fried Frank Harris Shriver & Jacobson LLP, in a take-private transaction valued at $950 million.

  • May 20, 2024

    Justices Stay Out Of Pipeline Land Fight With FERC

    The U.S. Supreme Court on Monday refused to review the D.C. Circuit decision dismissing a suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority brought by Virginia landowners along the route of the Mountain Valley pipeline.

  • May 17, 2024

    Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit

    The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.

  • May 17, 2024

    DC Circ. Probes Carbon Capture In LNG Approval Challenge

    The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.

  • May 17, 2024

    Judge Reluctantly Dismisses FirstEnergy Shareholder Suit

    An Ohio federal judge said Friday that he had no other choice but to dismiss a shareholder lawsuit filed against scandal-plagued utility FirstEnergy Corp., though his reluctance to do so was underscored by a lament that a $180 million settlement brokered in another courtroom left a "shroud of darkness" over a $1 billion bribery scandal. 

  • May 17, 2024

    T. Boone Pickens' Ranch Buyer Can Proceed With TM Suit

    The new owner of the late T. Boone Pickens' luxurious hunting estate in the Texas Panhandle can proceed with a lawsuit accusing a neighboring property owner of infringing the ranch's trademark rights by using them to advertise a land sale, a federal judge concluded Thursday.

  • May 17, 2024

    New Domestic Content Guidance May Boost Energy Credits

    The U.S. Treasury Department's new guidance on bonus tax credits for clean energy projects that source domestic-made materials and components aims to simplify the process for determining eligibility and spur more development to get those extra incentives.

  • May 17, 2024

    Sanctioned Man's Daughter Says Blacklist Inescapable

    A Myanmar woman the U.S. blacklisted based on conclusions her father provided fuel to Myanmar's military regime accused the U.S. government of trapping her on a sanctions list, leaving her unable to support herself or complete studies at Columbia University.

  • May 17, 2024

    Cantor, Lutnick Strike Deal With Window SPAC Investors

    Shareholders of a special purpose acquisition company that took a now-bankrupt smart window manufacturer public have reached a tentative agreement to settle their proposed Delaware Chancery Court class action against Cantor Fitzgerald LP and its billionaire chair and CEO Howard Lutnick.

  • May 17, 2024

    DC Circ. Won't Immediately Block EPA Power Plant GHG Rule

    The U.S. Environmental Protection Agency is clear to implement its new greenhouse gas emissions rule for power plants — at least for now — after the D.C. Circuit on Friday rejected an effort to temporarily block it.

  • May 17, 2024

    Industry Emboldened After Justices Galvanize Agency Attacks

    In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

  • May 17, 2024

    4 Firms Build $2.55B Sale Of Avangrid To Spain's Iberdrola

    Spanish renewable energy company Iberdrola SA and its portfolio company, sustainable energy business Avangrid, on Friday announced that they have reached an agreement for Iberdrola to take Avangrid private by purchasing the remaining issued and outstanding shares it does not already own in a $2.55 billion deal built by four firms.

  • May 17, 2024

    Wash. Energy Codes Challenged Again After 9th Circ. Decision

    In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.

  • May 17, 2024

    Kilpatrick Brings On Nelson Mullins Energy Pro In Atlanta, DC

    Kilpatrick Townsend & Stockton LLP has picked up a new energy regulatory attorney in Atlanta and Washington, D.C., with a diverse background, including working for Nelson Mullins Riley & Scarborough LLP as well as Google and the South Carolina House of Representatives.

  • May 17, 2024

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

    This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.

  • May 17, 2024

    Ex-Alpine Summit Energy CLO Joins Holland & Knight

    Holland & Knight LLP has added Alpine Summit Energy Partners Inc.'s former chief legal officer as a partner to bolster its corporate practice group.

  • May 17, 2024

    Glass Lewis, ISS Split On Chevron-Hess Deal Guidance

    Hess Corp. shareholders got mixed advice from the two leading proxy advisory firms on whether to vote in favor of a $53 billion takeover by Chevron Corp., further muddling the oil and gas giants' path to closing the mega-deal amid an ongoing dispute with Exxon Mobil Corp. 

  • May 16, 2024

    DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost

    The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.

  • May 16, 2024

    Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal

    A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.

  • May 16, 2024

    Metal Co., Supplier Will Pay $14M To Settle NJ Pollution Suit

    New Jersey Attorney General Matthew J. Platkin unveiled a $14 million settlement Thursday between the state's Department of Environmental Protection and the once-owners of a former metal etching facility and its supplier for their alleged role in contaminating groundwater with trichloroethylene in northern Bergen County.

Expert Analysis

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

  • NY's Vision For Grid Of The Future: Flexible, Open, Affordable

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    Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.

  • Bid Protest Spotlight: Unwitting Disclosure, Agency Deference

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    Roke Iko at MoFo examines two U.S. Court of Federal Claims decisions highlighting factors to consider before filing a protest alleging Procurement Integrity Act violations, and a decision from the U.S. Government Accountability Office about the capacity of an agency to interpret its own solicitation terms.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • Opinion

    Climate Change Shouldn't Be Litigated Under State Laws

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    The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • IP Considerations For Companies In Carbon Capture Sector

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    As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

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