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Energy
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February 05, 2025
Suit Challenges BLM Approvals Of More Calif. Drilling Permits
Conservation and public health groups have told a California federal judge that the U.S. Bureau of Land Management continues to barrel ahead in approving more oil and gas drilling permits in the polluted San Joaquin Valley and to shirk its public notice and environmental review duties.
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February 05, 2025
Doubt Over NEPA Regs' Future Brings New Risk For Projects
Recent court decisions and President Donald Trump have jeopardized long-standing federal regulations for environmental reviews, introducing uncertainty in the permit application and approval process for projects ranging from roads to pipelines that could lead to delays and new litigation.
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February 05, 2025
Chicago's Climate Suit Belongs In Federal Court, Judge Hears
The city of Chicago should not be allowed to take environmental deception claims against the nation's largest oil producers back to state court because the city's suit targets conduct performed largely for the federal government, a judge heard during a Wednesday hearing.
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February 05, 2025
Monolithic's Investors Say Co. Botched Nvidia Orders
Power management component manufacturer Monolithic Power Systems Inc. has been hit with a proposed shareholder class action alleging it hid critical defects in power modules used by its largest customer, Nvidia Corp., that led the artificial intelligence chipmaker to cancel orders, harming Monolithic's revenue.
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February 05, 2025
Lyondell Leak Is On Job Foreman, Not Valve Maker, Jury Told
A valve maker indicated to a Houston jury on Wednesday that a 2021 chemical leak at a LyondellBasell plant was the result of poor communication between a plant operator and a now-deceased Turn2 Specialty Cos. contractor, not the valve's design.
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February 05, 2025
NJ's Climate Change Suit Against Energy Cos. Tossed
A New Jersey state judge on Wednesday threw out the Garden State's lawsuit accusing fossil fuel companies of concealing the climate change risks of their products, finding the state's claims are preempted by federal law.
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February 05, 2025
Ga. Judge Balks At Zurich's Claim Of Surprise Testimony
A Georgia federal judge has rejected Zurich American Insurance's bid to strike supposed surprise testimony from a recent trial where it lost $12.2 million over a disputed rain damage claim from a solar farm, ruling Wednesday that the real surprise was Zurich's belated and meritless objections.
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February 05, 2025
China Hits Trump Tariffs With Mostly Symbolic WTO Challenge
The Chinese government has challenged the Trump administration's new 10% tariff at the World Trade Organization, alleging violations of key global trade rules, even as years of U.S.-led gridlock has rendered the Geneva body mostly defunct as a dispute resolution forum.
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February 05, 2025
6th Circ. Judge Unsure Of Jury Instruction In Bribery Case
A Sixth Circuit judge seemed skeptical Wednesday of the bribery and racketeering conspiracy standards a jury used to convict former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges in connection with the FirstEnergy bailout scandal, suggesting that all campaign contributions could be called bribery.
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February 05, 2025
GOP Lawmakers Move To Scrap Methane Emissions Fee
Republican lawmakers revived legislation seeking to block implementation of the U.S. Environmental Protection Agency's methane emissions fee, as part of a broader effort to bolster the Trump administration's U.S. energy dominance policy.
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February 05, 2025
Cleveland-Cliffs Wants 'Un-American' US Steel Suit Tossed
Cleveland-Cliffs and its CEO have asked a Pennsylvania judge to toss a lawsuit filed against them by Nippon Steel and U.S. Steel, calling the suit "un-American" while claiming that the plaintiffs' "sputtering disapproval" of the defendants' statements doesn't hold up in court.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
Del. Judge Tells Fuel Cell Co. Investors To Filter Imprecise Suit
A Delaware federal judge on Tuesday ruled that investors of hydrogen fuel cell company Plug Power Inc. must submit more particular details to support their allegation that shareholders were damaged by the company's failure to disclose production challenges, saying it is not the court's responsibility to filter out evidence.
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February 04, 2025
Calif. Partly Beats Challenge To Climate Disclosure Laws
A California federal judge has trimmed a lawsuit brought by the U.S. Chamber of Commerce and other business groups over the state's corporate climate disclosure rules, finding the groups failed to state a claim with respect to two causes of action.
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February 04, 2025
'Every Breath' A 'Struggle' For Lyondell Leak Worker, Jury Told
A lung specialist told a Houston jury Tuesday that he would be "surprised" if the only surviving repairman who worked on a leak at a Texas LyondellBasell plant lived longer than 15 years without major medical intervention due to his chemical exposure four years ago.
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February 04, 2025
5th Circ. Mulls If Green Orgs. Have Injury In Injection Well Case
A Fifth Circuit panel pondered whether environmental groups will suffer an injury adequate to challenge underground injection wells in Louisiana, asking during oral arguments Tuesday whether the groups can bring a legal claim for an event 50 years down the road.
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February 04, 2025
EPA, Interior Leaders Unveil Focus On US Energy Production
The heads of the U.S. Department of the Interior and the U.S. Environmental Protection Agency unveiled plans for their agencies that largely focus on bolstering President Donald Trump's U.S. energy dominance policy.
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February 04, 2025
AI Clean Energy Co. SPAC Suit Should Be Zapped, Judge Says
A federal magistrate judge has recommended dismissing, without prejudice, a derivative shareholder suit accusing the top brass of Stem Inc., an artificial intelligence-driven clean energy company, of making misleading statements leading up to a conflicted merger with a special purpose acquisition company, saying no one should have to "connect the dots" to figure out what is specifically being alleged against them.
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February 04, 2025
Pushing The Envelope In Climate Law: Murder Charges
Climate change legal advocates are pointing to wildfires in Los Angeles, hurricanes in the Southeast and a regulation-averse presidential administration as evidence that local prosecutors should begin going after fossil fuel companies with criminal charges — up to and including homicide.
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February 04, 2025
Mich. Supreme Court Says City's Electricity Fee Is Illegal Tax
A franchise fee added to East Lansing, Michigan, residents' energy bills is a disguised tax, the Michigan Supreme Court ruled Monday, saying the fee was used to raise revenue for the city without first being approved by voters.
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February 04, 2025
DLA Piper Partner To Testify At Cognizant Evidence Hearing
Prosecutors told a New Jersey federal judge Tuesday that the managing partner of DLA Piper's Houston office will testify at a Feb. 18 evidentiary hearing in a criminal bribery case against two former executives of Cognizant Technology Solutions Corp., which tapped the law firm for an internal investigation into the alleged corrupt scheme in India.
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February 04, 2025
White House Lacks Authority To Issue NEPA Regs, Judge Says
The White House Council on Environmental Quality has no authority to issue binding National Environmental Policy Act regulations, a North Dakota judge has ruled, scrapping challenged regulations the Biden administration had enacted.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
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February 04, 2025
Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact
Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.
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February 04, 2025
US, Osage Nation Fight Bid To Stay $4.2M Wind Farm Order
The U.S. government is fighting a bid by Enel Green Power North America to stay a $4.2 million judgment and permanent injunction that requires it to remove 84 wind turbines from the Osage Nation's reservation, arguing that the company is unlikely to prevail in a Tenth Circuit appeal.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Justices Seem Focused On NEPA's Limits In Utah Rail Case
After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.