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Energy
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September 23, 2024
NY Extends Industrial Property Tax Break Application Deadline
New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.
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September 23, 2024
Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight
A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.
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September 23, 2024
La. Wants EPA Civil Rights Regs Vacated After Court Win
Louisiana is asking a federal judge to revisit an order and amend it to completely vacate U.S. Environmental Protection Agency civil rights regulations, after the judge granted the Pelican State's motion for a permanent injunction within its borders.
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September 23, 2024
Conn. Reaches $5M Deal To Resolve Vision Solar Case
Connecticut is asking a judge to sign off on a judgment that would impose a $5 million civil penalty against Vision Solar LLC to resolve the state's unfair trade practices complaint against the bankrupt company.
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September 20, 2024
EPA Defends Methane Rule At Supreme Court
The U.S. Environmental Protection Agency and green group allies on Friday asked the U.S. Supreme Court to reject states' and fossil fuel industry players' effort to block the implementation of a rule strengthening methane emissions control requirements for oil and gas infrastructure.
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September 20, 2024
EV Battery Co. Hit With $207M Default Loss For Lack Of Attys
Shareholders of electrical vehicle battery maker Romeo Power Inc. have secured a $206.8 million default win against the company after it failed to retain new counsel in a proposed class action alleging it concealed its acute shortage of high-quality battery cells before going public via a merger with a blank check company.
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September 20, 2024
Law Professors Say Boulder Climate Suit Clearly Preempted
Two law professors and a conservative legal nonprofit have urged Colorado justices to toss a city's climate tort lawsuit, arguing that the claims are clearly preempted by the Clean Air Act and that the city should not be allowed to make climate change policy decisions for the rest of the country.
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September 20, 2024
Utilities Group Wants In On 4th Circ. FERC Grid Policy Fight
A coalition of municipal utilities and electricity cooperatives that rely on transmission facilities they don't own to deliver power urged the Fourth Circuit to let it intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.
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September 20, 2024
NY Utilities Tell DC Circ. More Risk Should Equal More Return
A D.C. Circuit panel on Friday weighed the differences between risks and costs in a dispute between a group of New York utilities and the Federal Energy Regulatory Commission over rates the power companies can charge after making infrastructure upgrades.
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September 20, 2024
5th Circ. Says Tribunal Properly Slashed $10.6M Gas Award
A lower court improperly vacated an arbitral tribunal's decision slashing some $4 million from a $10.6 million award issued to a Colorado-based exploration company following a dispute over a Cameroonian natural gas project, the Fifth Circuit ruled Thursday in a published opinion.
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September 20, 2024
FERC Opens Enbridge Rate Probe Amid Overcharging Fears
The Federal Energy Regulatory Commission has opened a rate probe into a gas pipeline co-owned by Enbridge Inc. and DT Midstream, saying the pipeline may be overcharging its customers.
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September 20, 2024
IPO Trio Looks To Raise $536M Combined As Autumn Begins
Three companies spanning the energy, healthcare and life sciences industries are preparing initial public offerings that could raise $536 million combined in the coming week, guided by six law firms, signaling an upturn in IPOs as autumn begins.
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September 20, 2024
US Chamber Warns Del. Justices On TC Energy Case Fallout
The U.S. Chamber of Commerce warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.
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September 20, 2024
House Passes GOP Push To Nix EPA Auto Emissions Regs
The Republican-controlled U.S. House of Representatives on Friday passed a resolution that would block implementation of the Biden administration's tighter greenhouse gas emissions standards for cars and light trucks, though the legislation is likely dead on arrival in the Democratic-controlled Senate.
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September 20, 2024
Insurers Say Ky. House Damage Wasn't From Mine Collapse
Insurers told a Kentucky federal court to toss a couple's case seeking compensation for damage to their home because of coal mine subsidence, arguing the damage wasn't caused by a collapsing void underground.
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September 20, 2024
CFTC Issues Final Guidance On Carbon Credit Markets
The U.S. Commodity Futures Trading Commission on Friday put forth guidelines it says will help foster transparency and deter manipulation in the emerging market for voluntary carbon credits by, among other things, encouraging derivatives exchanges to assess the environmental benefits associated with the credits.
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September 20, 2024
Mexico Will Challenge $37M Deepsea Mining Award
Mexico will look to annul the $37 million arbitral award issued to a U.S. deep ocean exploration company after its project to develop one of the world's largest seabed phosphate deposits was mothballed, saying the tribunal improperly overlooked its evidence citing environmental concerns.
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September 20, 2024
Chevron's Demise May Not Bring Deluge Courts Had Feared
Though the death of Chevron deference has opened a door to attacking administrative decisions, the expected uptick in litigation probably won't threaten to clog federal courts, numerous administrative law experts told Law360.
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September 20, 2024
Womble Bond Hires New Head Of Int'l Disputes From Dechert
Womble Bond Dickinson has hired a former Dechert LLP partner as the head of its international disputes practice, who will be based in the firm's Washington, D.C., office and will double as a partner in its business litigation practice group, Womble Bond recently announced.
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September 20, 2024
Charges On Spain's Airport Stake Lifted Amid Arbitration Fight
An English court on Friday lifted charges over a Spanish public airport company's interest in a London airport as part of a U.S. renewable energy company's battle to enforce a multimillion-dollar arbitration award against Spain.
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September 20, 2024
DOE Picks 25 Battery Projects For $3B Of Awards
The U.S. Department of Energy on Friday said it has selected 25 projects across 14 states for negotiations for $3 billion of federal funding aimed at boosting the domestic production and recycling of batteries and key materials.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 20, 2024
Steel Biz Investors Sue Atty Over 'Father-Son'-Like Conflict
A Pennsylvania couple have filed a malpractice suit accusing a lawyer of helping a steel distribution company induce them into investing about $800,000 and defrauding them, saying the attorney didn't disclose his relationship with the company's owners and "father-son"-like bond with one of them.
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September 19, 2024
Chancery Fast-Tracks Suit Over Renewable Energy Co. Buyout
Delaware's Court of Chancery on Thursday expedited a lawsuit accusing a Repsol SA subsidiary of breaching an agreement requiring it to buy out the remaining shares in a Chicago-based renewable energy venture the Repsol unit co-owns.
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September 19, 2024
Texas Judge Seeks More Info In $150M Ukrnafta Award Feud
A Texas magistrate judge on Thursday ordered Ukraine's largest oil company to turn over bank statements as he grapples with a bid by U.S.-based Carpatsky Petroleum Corp. to bar the Ukrainian company from draining those accounts, part of Carpatsky's long-running effort to enforce a $150 million arbitral award.
Expert Analysis
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants
The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, say Lisa Bugni and Benjamin Lee at King & Spalding.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Reform NEPA To Speed Mining Permits, Clean Energy Shift
It is essential to balance responsible regulatory oversight with permit approvals for mining projects that are needed for the transition to renewable energy — and with the National Environmental Policy Act being one of the leading causes of permit delays, reform is urgently needed, say Ana Maria Gutierrez and Michael Miller at Womble Bond.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.