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Energy
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October 02, 2024
Justices Asked To Short-Circuit Mass. Offshore Wind Project
Massachusetts residents are telling the U.S. Supreme Court it's the last hope for endangered North Atlantic right whales that were overlooked when the federal government approved a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.
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October 02, 2024
DC Circ. Urged To Scrap EPA Mercury Rule For Coal Plants
States and industry groups fighting a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants told the D.C. Circuit it would impose exorbitant and unjustifiable costs for no public health benefit, and is actually aimed at forcing plants to retire to advance climate goals.
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October 01, 2024
Convicted CEO Narrows Fee Bid Against Conn. Utility Co-Op
A former Connecticut utility CEO has dropped some attorney fee claims against his onetime employer following a jury conviction for stealing public funds, telling a federal judge on Tuesday to focus on a bid for fees should prosecutors choose to litigate a second indictment.
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October 01, 2024
Lordstown Brass Beat Investor Suit Over Failed Foxconn Deal
An Ohio federal judge on Monday freed current and former executives of Lordstown Motors Corp., now Nu Ride, from a proposed securities class action alleging they concealed problems ahead of a failed partnership with Taiwan-based Foxconn, saying delays and "other minor issues" didn't make general, positive statements inaccurate.
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October 01, 2024
Bribe-Laundering Gets Ecuador Ex-Official 10 Years In Prison
A Florida federal judge on Tuesday sentenced Ecuador's former comptroller to 10 years in prison after a jury earlier this year convicted him on multiple counts related to laundering millions of dollars in bribe money he received in exchange for eliminating fines connected to a defective hydroelectric dam and other projects.
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October 01, 2024
Complications Again Delay Citgo Sales Hearing In Delaware
A federal judge in Delaware on Tuesday further delayed a forthcoming auction of Citgo's parent company to satisfy billions of dollars in Venezuelan debt, and he ordered additional briefing as he grapples with parallel litigation that allegedly threatens to undermine the sale process.
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October 01, 2024
Judge Stays Calif. Locomotive Emissions Rule Challenge
A California federal judge halted litigation brought by rail industry groups challenging a regulation requiring railroads to transition to zero-emission locomotives in the Golden State over the next decade, finding the U.S. Environmental Protection Agency's upcoming authorization decision will greatly impact the case.
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October 01, 2024
EPA Can't Justify Water Permitting Rule, La. Judge Told
Republican-led states and industry groups fired back at the U.S. Environmental Protection Agency's defense of its rule broadening states' and tribes' power to veto infrastructure projects over water quality concerns, telling a Louisiana federal judge it goes against what Congress intended with the Clean Water Act.
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October 01, 2024
Feds Didn't Consider Gold Mine's Full Impact, Judge Says
The federal government didn't realistically study the potential spill risks associated with a large open-pit gold mine when it approved the project, an Alaskan federal judge has said, arguing the Army Corps of Engineers erred in concluding that a catastrophic event is a "worst case" scenario in its environmental analysis.
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October 01, 2024
Davis Polk-Led Brazilian Lubricants Maker Eyes $400M IPO
Moove Lubricants Holdings, a private equity-backed lubricants producer based in Brazil, on Tuesday unveiled terms for an estimated $400 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Paul Hastings LLP.
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October 01, 2024
First Marshall Fire Trial To Decide Liability For All Plaintiffs
A Colorado state judge ruled Monday that the first trial in consolidated lawsuits against Xcel Energy and telecom companies for damages related to a 2021 wildfire will decide liability for all plaintiffs unless they show a good reason to opt-out.
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October 01, 2024
Tennessee Judge Affirms TVA-Approved Gas Turbine Project
A Tennessee federal judge rejected the Sierra Club's challenge of an environmental assessment that the Tennessee Valley Authority completed to install new gas combustion turbines at one of its existing facilities in the Volunteer State.
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October 01, 2024
Pennsylvania Gas Leaseholders Get Royalties Suit Certified
Hundreds of Pennsylvania landowners with natural gas leases have been certified by a federal judge as a class in their lawsuit against Range Resources, which they say took more money out of their royalty payments than their contracts permitted.
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October 01, 2024
EPA Can't Justify Particulate Matter Rule, DC Circ. Told
The U.S. Environmental Protection Agency can't justify its decision to ratchet down a fine particulate matter air pollution standard, Republican-led states and industry groups told the D.C. Circuit on Monday.
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October 01, 2024
Ex-Interior Dept. Deputy's Oil Stocks Violated Ethics Laws
The onetime deputy secretary of the Interior, Tommy Beaudreau, who moved into private practice last year and now co-leads WilmerHale's energy practice, violated government ethics laws by failing to recuse himself from drilling-related matters while knowingly holding petroleum stocks, according to an internal watchdog's ethics report released Tuesday.
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October 01, 2024
Treasury Plans Final Direct Pay Partnership Regs By Year-End
The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.
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September 30, 2024
Siemens Will Pay $104M For Stealing GE, Mitsubishi Secrets
Siemens Energy on Monday pled guilty to wire fraud and agreed to pay $104 million to put to rest federal prosecutors' case accusing the company of misappropriating the confidential information of General Electric and Mitsubishi, a plea deal that comes after multiple former Siemens executives pled guilty in related cases.
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September 30, 2024
DC Circ. NextEra Decision Leaves Door Open For Further Args
The D.C. Circuit effectively kicked the can down the road in August when it nixed Spain's jurisdictional objections in litigation to enforce some $395 million in arbitral awards while declining to issue a merits decision, setting up an enforcement battle that could turn on the underlying arbitration regime.
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September 30, 2024
Amazon's Soured Solar Deal Suit Misses Mark, PE Firm Says
A California-based private equity firm and firms tied to two solar projects have urged a Washington state judge to toss most of Amazon's claims in a $200 million countersuit over a power purchase deal fallout, accusing the e-commerce giant of making an "end run" around its own contracts to drain them financially.
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September 30, 2024
US Trustee Says Reed Smith Didn't Disclose Eletson Ties
The U.S. Trustee's Office is asking a New York bankruptcy judge to claw back the fees and expenses law firm Reed Smith LLP has earned representing shipping firm Eletson Holdings in its Chapter 11 case, saying it failed to disclose ties with Eletson directors.
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September 30, 2024
Arizona Legislature Says State Can't Slip Monument Suits
The Arizona State Legislature fired back at Democratic Gov. Katie Hobbs' attempt to dismiss its lawsuit seeking to upend the Biden administration's creation of a national monument on an Indigenous site, defending its alleged injuries as "concrete and imminent."
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September 30, 2024
Big Banks Get Brazilian Pollution Suit Booted From NY
A New York federal judge on Monday dismissed an effort by a Brazilian city and residents to hold several big banks liable for allegedly financing environmentally ruinous mining operations in their region, ruling the matter would be more appropriately heard in Brazil.
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September 30, 2024
Apache Tribe Urges Supreme Court To Take Up Mining Case
The San Carlos Apache Tribe is asking the U.S. Supreme Court to review a ruling by Arizona's high court that sides with a state agency decision letting a copper mining company discharge treated wastewater from potential future operations into a local waterway.
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September 30, 2024
DOE Plutonium Pit Plan Found To Violate Environmental Law
A South Carolina federal judge on Monday backed antinuclear groups' challenge to a U.S. Department of Energy plan to boost production of plutonium cores used in nuclear weapons, saying the DOE hadn't properly considered the potential environmental impact of the plan.
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September 30, 2024
Kids Face 'Very Uphill' Climb To Save Reworked Climate Suit
A California federal judge indicated Monday that he will likely toss amended allegations that the U.S. Environmental Protection Agency's climate policies run afoul of children's constitutional rights, saying the plaintiffs face a "very uphill" battle to conform the lawsuit with binding Ninth Circuit precedent.
Expert Analysis
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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New State Carbon Capture Laws: Key Points For Developers
Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.