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Energy
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January 07, 2025
Ex-Ill. Speaker Madigan Testifies In His Racketeering Trial
Former Illinois House Speaker Michael Madigan took the stand in his own defense Tuesday, testifying that he neither traded his public office for private gain nor demanded or accepted anything valuable in exchange for his official action, adding that he was "very angry" to learn that people who he'd recommended for jobs did little to no work.
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January 07, 2025
Biden Designates Two New National Monuments In California
President Joe Biden on Tuesday designated two sites in California as national monuments amid years of calls from Native American tribes and state and federal lawmakers, in turn protecting 848,000 acres from development.
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January 07, 2025
Canada Needs Catalysts To Heat Up Cold IPO Market
Following another chilly year for initial public offerings in Canada, capital markets lawyers in the Great White North are approaching 2025 with caution, hoping that a few catalysts can break through and thaw an otherwise frozen market for public listings.
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January 07, 2025
Mont. Bill Floats Mine, Data Center Property Tax Changes
Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.
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January 07, 2025
Quinn Emanuel Says NAFTA Case Irrelevant In DQ Bid
A Mexican oil company and its subsidiaries cannot add "undisputedly irrelevant" supplementary information about former counsel Quinn Emanuel amid a disqualification bid, the law firm has told a Miami federal court, arguing that the requested documents, including the dismissal of a NAFTA arbitration Quinn Emanuel brought against Mexico, are either unrelated to the underlying litigation or duplicative.
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January 07, 2025
DC Circ. OKs FERC's Approval For Indiana Pipeline
A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.
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January 07, 2025
No Problem With $217M Dam Repair Tax, Mich. Panel Says
A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.
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January 07, 2025
Eckert Seamans Adds Former Trump Interior Dept. Atty
Eckert Seamans Cherin & Mellott LLC is the latest firm to get in on the exploding lateral movement in the energy legal market following the 2024 presidential election, adding a former Trump administration attorney who served in a first-of-its-kind role in the first administration's Interior Department.
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January 07, 2025
FTC Imposes Record $5.6M 'Gun Jumping' Penalty On Oil Deal
The Federal Trade Commission brought a rare merger "gun jumping" action Tuesday under which Verdun Oil Co. will pay $5.6 million for exerting control over EP Energy LLC before the mandatory waiting period under U.S. antitrust law expired and its purchase of the company closed.
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January 07, 2025
CFTC Chair Behnam To Step Down When Trump Takes Office
U.S. Commodity Futures Trading Commission Chair Rostin Behnam announced Tuesday that he will resign his chairmanship on Inauguration Day in order to make way for new agency leadership under incoming President Donald Trump, who has yet to name Behnam's successor.
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January 06, 2025
Exxon Says Calif. AG, Green Groups Defamed Recycling Effort
Exxon Mobil Corp. claims California's attorney general and a coalition of conservation groups have disparaged its reputation by declaring that the petrochemical company misled people about the effectiveness of plastic recycling and that its "advanced recycling" doesn't mitigate the problem, according to a lawsuit filed Monday in Texas federal court.
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January 06, 2025
New Rules Won't Lift Political Clouds Over Hydrogen Projects
The Biden administration's new rules to make hydrogen production tax credits more accessible for project developers and investors may not move the needle much for the industry given President-elect Donald Trump's vow to at least partially repeal the statute that created the credits.
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January 06, 2025
Mich. Residents Say Solar Investors Can't Arbitrate Fraud Suit
Michigan residents who allege Florida investment firms funded a company that duped them into buying defective solar panels have urged a federal judge to deny the firms' bid to arbitrate or dismiss the claims, saying the court has already rejected the investors' arguments.
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January 06, 2025
DOD Adds WeChat Owner, CATL To Chinese Military Co. List
The U.S. Department of Defense added dozens of businesses Monday to its list of companies affiliated with the Chinese military, including electric-car battery maker CATL and Tencent Holdings Ltd. — owner of the popular text-messaging app WeChat — prompting Tencent to slam the designation as "clearly a mistake."
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January 06, 2025
Pa. Lawmaker's 'Defamatory' Memo Is Deemed Immune
Legislative immunity protects a Pennsylvania state senator from an energy executive's claims that he was defamed with a memo about legislation to close a legal loophole associated with his name, according to a ruling from a state appellate court.
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January 06, 2025
Seacrest Oil Co. Launches $71M Arbitration Against Petrobras
Oil and gas production company Seacrest Petroleo said Monday that two subsidiaries have initiated arbitration proceedings against Petrobras, seeking compensation for the Brazilian state-owned oil company's failure to complete pipeline repair work.
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January 06, 2025
4 Firms Ask To Helm Hybrid Jeep Exploding Battery Class
Drivers claiming certain hybrid Jeep vehicles were sold with defective batteries that risk exploding or catching fire have asked a Michigan federal judge to appoint four law firms to steer the case as co-interim class counsel.
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January 06, 2025
Biden Closes Off Coastal Areas To Offshore Drilling
President Joe Biden on Monday announced a ban on new offshore oil and gas drilling in more than 625 million acres of U.S. waters on the Atlantic and Pacific coasts and in Alaska after determining that the environmental and economic risks and harms outweigh the benefits of drilling.
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January 06, 2025
Bracewell Adds Pioneer Natural Resources Associate GC
Bracewell LLP has expanded its energy offerings in Texas with the addition of the former managing associate general counsel for Pioneer Natural Resources USA Inc., the firm said Monday.
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January 06, 2025
Pa. Coal Co. Hits Ch. 11 With Up To $50M In Debt, Sale Plans
Corsa Coal Corp., which operates coal mines in Pennsylvania and Maryland, filed for bankruptcy Monday saying it planned to sell itself in Chapter 11 after it wasn't able to secure a U.S. Department of Agriculture-backed loan fast enough to refinance some $16.3 million of debt.
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January 06, 2025
Nippon, US Steel Hit Back With Suits After Biden Blocks Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. have filed two lawsuits following President Joe Biden's Friday decision to block their planned $14.9 billion merger, claiming Monday that the deal was blocked for "purely political reasons."
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January 03, 2025
Semiconductor Co. Beats 2nd Suit Over Failed $8B Merger
Semiconductor company MaxLinear Inc. has beaten another suit over its failed $8 billion merger plans with a Taiwan-based company after a California federal jurist found that the investment funds that brought the action didn't have standing to sue since they were investors in the acquisition target, not MaxLinear.
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January 03, 2025
Energy Co. Urges 400-Mile Transfer Of Discrimination Suit
A North Texas energy company told a state appeals court Thursday that a former employee's discrimination and libel suit belongs in Tarrant County, arguing the man dishonestly claimed that a substantial part of the suit's events took place more than 400 miles away.
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January 03, 2025
Energy Cos. Ask Top Calif. Court To End Climate Change Suits
A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.
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January 03, 2025
Opt-Out Releases In Lumio's Ch. 11 Plan Rejected
A Delaware bankruptcy judge Friday rejected the opt-out mechanism for obtaining releases for third parties in Solar panel provider Lumio Holdings LLC's Chapter 11 plan, but said she would allow it to solicit votes on the plan.
Expert Analysis
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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.
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Lawyers Can Take Action To Honor The Voting Rights Act
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.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
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.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
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.
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Navigating Antitrust Considerations In ESG Collaborations
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.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
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.
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Series
Rock Climbing Makes Me A Better Lawyer
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.
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What Chevron's End Means For How Congress Does Business
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.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
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.