Energy

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • September 30, 2024

    Missouri Drops Appeal Intended To Save ESG Regulations

    Missouri has asked the Eighth Circuit to dismiss its appeal of a federal judge's decision finding that the state's anti-environmental, social and governance regulations for brokers and advisers violate the First Amendment and are preempted by federal laws.

  • September 30, 2024

    Fla. Judge Tosses NextEra Stock Drop Suit

    A Florida federal judge on Friday dismissed a proposed class action against NextEra that sought to hold the energy company liable for a drop in its share price after political interference allegations emerged against its subsidiary Florida Power and Light Co.

  • September 30, 2024

    Marathon Unit Wants 8th Circ. To Nix Appeal In Pipeline Fight

    A Marathon Petroleum Corp. subsidiary is asking the Eighth Circuit to dismiss an appeal by tribal landowners trying to intervene in its lawsuit challenging the Interior Department's reversal of prior decisions related to a pipeline crossing part of the Fort Berthold Indian Reservation in North Dakota.

  • September 30, 2024

    Morgan Stanley Investment Arm Nabs $750M For Climate Fund

    Morgan Stanley's investment management arm revealed Monday that its climate private equity fund, which is focused on investing in North American and European companies working to avoid or remove one gigaton of carbon dioxide-equivalent emissions from the atmosphere, closed at $750 million of equity capital commitments.

  • September 30, 2024

    Chevron-Hess 2nd Oil Merger To Get FTC OK With CEO Ban

    A divided Federal Trade Commission signed off Monday on a deal allowing Chevron to buy Hess, permitting the $53 billion megamerger on the condition that Hess CEO John B. Hess be banned from Chevron's board, in the second such CEO-banning deal the FTC has inked in the last year.

  • September 27, 2024

    Norfolk Derailment Victims' Attys Get $162M After $600M Deal

    A federal judge said Friday that she signed off on a $162 million award to attorneys for a class of residents and others affected by last year's Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, partly because of the "historic participation" in the $600 million settlement.

  • September 27, 2024

    Twitter Investors Win Cert. In Suit Over Musk's Backpedaling

    A California federal judge on Friday certified a class of thousands of Twitter investors over claims Elon Musk fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition, rebuffing the billionaire businessman's contention that individual issues in the suit eclipse common questions.

  • September 27, 2024

    Elliot Unit To Pay $7.29B As Citgo Parent Co. Sale Looms

    An affiliate of hedge fund Elliott Investment Management LP has emerged as the successful bidder in an upcoming auction of Citgo's parent company aimed at satisfying billions of dollars in Venezuelan debt, agreeing to pay $7.286 billion to purchase the shares in PDV Holding Inc.

  • September 27, 2024

    Calif. Appeals Court Won't Revive Suit Targeting Zero Emission Reg

    A California appeals court has refused to jump-start a natural gas vehicle coalition's lawsuit targeting an Advanced Clean Trucks regulation aimed at boosting the sale of electric zero-emission medium- and heavy-duty vehicles, ruling state regulators properly considered alternatives and impacts.

  • September 27, 2024

    GAO Says DOE Could Save Billions On Hanford Waste Plan

    A government watchdog said in a report Friday that the U.S. Department of Energy should heed experts who say the agency could save billions of dollars by distinguishing between high- and lower-level waste at the Hanford Nuclear Site in Washington, one of the biggest cleanups in the world.

  • September 27, 2024

    Energy Cases To Watch In This US Supreme Court Term

    The new U.S. Supreme Court term could be just as action-packed as the previous term was for the energy industry, as the justices will weigh in on how federal agencies conduct environmental reviews and field petitions over climate change policies and lawsuits. Here's a list of energy-related cases to watch this term.

  • September 27, 2024

    DC Circ. Skeptical Of Transformer Co.'s Union Vote Objections

    Judges on the D.C. Circuit pressed an attorney for power transformer company VTCU on why it believes a National Labor Relations Board-overseen vote authorizing a union for the company's workers was flawed when both sides agreed to how it would go down.

Expert Analysis

  • New NHTSA Fuel Economy Rule Adds Compliance Complexity

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    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.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    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.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Series

    After Chevron: NRC Is Shielded From Loper Bright's Effects

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    While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

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    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

  • Navigating Antitrust Considerations In ESG Collaborations

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    The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • What Chevron's End Means For How Congress Does Business

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    The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • The Rise Of State And Local Environmental Leadership

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    While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.

  • NYSE Delisting May Be The Cost Of FCPA Compliance

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    ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.

  • CFTC Action Highlights Necessity Of Whistleblower Carveouts

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    The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.

  • 5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy

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    Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

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