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Energy
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January 17, 2025
DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board
The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.
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January 17, 2025
Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says
A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.
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January 17, 2025
PE-Backed M&A Values, Megadeals Surged In 2024
Private equity-backed merger and acquisition values jumped nearly 25% year-over-year in 2024, while PE-backed megadeals valued above $5 billion more than doubled, according to S&P Global Market Intelligence.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 16, 2025
US Could Soon Find Itself On Wrong End Of Energy Disputes
America's energy landscape has been marked in recent years by the Biden administration's enthusiastic support of renewable energy projects, but international disputes experts are predicting that the incoming Trump administration's promise to derail such projects could land the U.S. in legal hot water.
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January 16, 2025
Nicaragua Co. In Solar Row Asks Texas Justices For New Trial
A Nicaragua company tapped to build a solar park in that country asked the Texas Supreme Court to wade into its long-running dispute with companies that allegedly conspired to sell it tens of thousands of counterfeit solar panels.
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January 16, 2025
Trump's DOT Pick Says Air Safety, New Tech Big Priorities
President-elect Donald Trump's would-be transportation secretary pledged to oversee a leaner and more efficient U.S. Department of Transportation focused on expediting project permitting, prioritizing mega infrastructure projects, and ensuring that Boeing and aviation safety gets "back on track."
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January 16, 2025
Quarry, Conn. Town Eye Settlement In $9.5M Shutdown Feud
The town of East Haven, Connecticut, and a quarry owner are in settlement talks to end both a lawsuit and an appeal of the owner's $10.6 million bench trial win on claims he was forced to shut down operations for improper political reasons, a federal district court filing indicates.
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January 16, 2025
Mining Co. Can Intervene In Nevada Lithium Project Suit
A Nevada federal judge is allowing the owner and developer behind the Rhyolite Ridge Lithium-Boron Mine to intervene in a dispute over the U.S. Department of the Interior's authorization of the project, saying the company satisfies all intervention requirements.
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January 16, 2025
Chancery Nixes More Docs For Exxon-Pioneer Merger Suit
Ruling that "any further intrusions are unwarranted," Delaware's Court of Chancery on Thursday rejected a Pioneer Natural Resources stockholder bid for additional emails and text messages between the company's former CEO and Exxon Mobil Corp.'s top executive related to the two company's $60 billion merger.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Interior Nom Stresses Need For More Fossil Fuels
Interior secretary nominee Doug Burgum said on Thursday that he will promote U.S. energy dominance and add more fossil fuel-derived electricity to the grid, as Democrats and Republican senators sparred over how much emphasis should be given to renewables.
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January 16, 2025
Boiler Co. Blamed For Carbon Monoxide Deaths In $18M Suit
The home-heating boiler in a Massachusetts home where three people died of carbon monoxide poisoning last year lacked a sensor or switch that would have shut it down after water from condensation blocked an improperly installed vent pipe, a lawsuit filed in state court Wednesday alleges.
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January 16, 2025
Texas Ozone Fight A Repeat Of 2007, EPA Tells 5th Circ.
The U.S. Environmental Protection Agency said that Texas is feigning a misunderstanding of the Clean Air Act, saying it couldn't have hit the state with a "surprise switcheroo" because it was in an identical situation more than a decade earlier.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Phillips Mum On Future As FERC Chairmanship Nears End
Willie Phillips on Thursday acknowledged that his time as Federal Energy Regulatory Commission chairman is coming to an end, but wouldn't say whether he will leave the agency once President-elect Donald Trump takes office.
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January 16, 2025
Cleveland-Cliffs Sets Sights On US Steel, And More Rumors
Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.
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January 16, 2025
Enviro Org. Drops Fight Over DOE's $1.1B Diablo Canyon Award
An environmental group has begrudgingly dismissed its challenge of a $1.1 billion U.S. Department of Energy award that aimed to help California's last nuclear power plant keep running after learning state officials have already given Pacific Gas & Electric Co. $1.3 billion for the same purpose.
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January 16, 2025
Pa. Energy Co. Strikes Deal To End 401(k) Class Action
A Pennsylvania-based electricity and natural gas company agreed to settle a class action alleging it loaded its employee retirement plan with costly underperforming investment options, staving off a trial slated to begin this month.
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January 16, 2025
Treasury Updates Bonus Energy Tax Credit Safe Harbors
The U.S. Treasury Department provided updates Thursday to safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing steel and aluminum parts in response to new trade restrictions on solar products from China by President Joe Biden's administration.
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January 15, 2025
GE Investors' $362.5M Settlement Gets Initial Greenlight
Investors in manufacturing giant General Electric Co. have gotten an initial nod for their proposed $362.5 million eve-of-trial deal to end long-running claims that the company fraudulently concealed cash flow problems, allegedly resulting in plummeting shares after its fiscal woes were disclosed.
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January 15, 2025
Fla. Ex-Rep Can't Get Feds' Evidence In Foreign Agent Case
A Florida federal judge on Wednesday denied a former congressman's bid to force U.S. prosecutors to turn over evidence showing the government improperly directed Venezuela's state-owned oil company to file a New York lawsuit against his consulting firm to obtain evidence in his criminal case, calling the request speculative.
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January 15, 2025
Energy Secretary Nominee Emphasizes Production At Hearing
Energy secretary nominee Christopher Wright promised on Wednesday to "unleash American energy at home and abroad," as Democratic and Republican senators questioned him on his commitment to carrying out transmission permitting reform and increasing nuclear energy generation.
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January 15, 2025
Solar Power Biz Beats Shoals' Patent Case At ITC
The U.S. International Trade Commission has cleared a North Carolina solar manufacturer from a patent case, flipping an administrative law judge's determination that a solar "trunk bus" transmission system infringes a rival's patent.
Expert Analysis
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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With Esmark Case, SEC Returns Focus To Tender Offer Rules
The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.