Energy

  • October 07, 2024

    Split DC Circ. Says FERC Can Require Power Plant Upgrade

    Federal energy regulators were right to require NextEra Energy to upgrade its New Hampshire nuclear power plant's circuit breaker to accommodate a new transmission line being developed by Avangrid Inc., a split D.C. Circuit panel has ruled.

  • October 07, 2024

    Feds Face Biggest Test Yet In Madigan Probe: Mike Madigan

    The man who was once Illinois' most influential politician heads to Chicago federal court this week to stand trial on charges that he led a criminal enterprise for nearly a decade, amassing power and benefits for himself, his law firm and his allies. The stakes for prosecutors are higher than ever as they face the elected official at the center of their Illinois corruption probe.

  • October 07, 2024

    Apple Doesn't Infringe Digital Identity Patents, Jury Finds

    A federal jury in Austin, Texas, has rejected a $361 million patent case from a longtime ExxonMobil employee who had targeted in-house cybersecurity hardware used in Apple iPhones.

  • October 07, 2024

    Pinsent Masons Snags DLA Piper Construction Disputes Pro

    Global law firm Pinsent Masons LLP said Monday it has hired a DLA Piper international arbitration lawyer in London who advises clients on construction, engineering and infrastructure disputes.

  • October 07, 2024

    Treasury Proposes Exempting Tribal Cos. From Income Tax

    Tribal-owned businesses would not be subject to federal income tax under proposed regulations released Monday by the U.S. Department of the Treasury, a move that would also allow such entities to be eligible to receive direct cash payments in lieu of clean energy tax credits.

  • October 07, 2024

    Fabricator's New Work Site Can't Justify H-2B Bid, Judge Says

    A California-based fabricator couldn't convince the U.S. Department of Labor that a contract in a new location warranted hiring foreign welders and fitters, with an agency judge finding little in the contract that distinguished the job from the company's regular business.

  • October 07, 2024

    Ukraine Utility Fights Russia's Stay Bid In $208M Award Suit

    A Ukrainian electric utility has urged a D.C. federal court not to pause its lawsuit seeking to enforce a nearly $208 million arbitral award it won after the Kremlin seized its Crimean assets, arguing that Russia's stay motion is a transparent delay tactic.

  • October 07, 2024

    State Courts Splitting Over Future Of Climate Change Suits

    Recent decisions on whether climate change suits brought by state and local governments against fossil fuel companies can go forward are exposing splits between state courts over whether they can impose liability for pollution that originates beyond their borders, legal experts say.

  • October 07, 2024

    Mayer Brown Partner Returns To Hunton In DC

    A partner at Mayer Brown LLP, who started his legal career nearly a decade ago with Hunton Andrews Kurth LLP, has rejoined the firm as a partner in its Washington office, the firm announced Monday.

  • October 07, 2024

    Chevron Nets $6.5B In Sale Of Canadian Oil Assets

    Chevron Canada Ltd. said Monday it has agreed to sell off its stakes in the Athabasca Oil Sands Project and the Duvernay shale to Canadian Natural Resources Ltd. for $6.5 billion.

  • October 07, 2024

    Justices Seek SG Input On Red State Bid To End Climate Torts

    The U.S. Supreme Court on Monday asked the U.S. Solicitor General to weigh in on a request by red states to nix climate change torts brought by blue state governments against fossil fuel companies, signaling its growing interest in the future of such cases.

  • October 07, 2024

    Justices Won't Referee Fight Over FERC Power Rule Deadlock

    The U.S. Supreme Court on Monday declined to review a rule change allowing the country's largest regional grid operator to stop requiring state-backed renewable energy sources to meet a certain price floor in electricity capacity auctions following a Federal Energy Regulatory Commission stalemate on its approval.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies

    A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."

  • October 04, 2024

    Russia, Ex-Shareholders Look To NextEra In $50B Award Suit

    Russia and former shareholders of Yukos Oil Co. who are trying to enforce $50 billion in arbitral awards against the Kremlin are disputing the significance of the D.C. Circuit's August opinion concluding that district courts have jurisdiction to enforce some $395 million in arbitral awards against Spain.

  • October 04, 2024

    EPA Fights To Save Civil Rights Regs Outside Louisiana

    The U.S. Environmental Protection Agency asked a Louisiana federal judge to reject the state's effort to impose a nationwide ban on civil rights regulations focused on disparate impacts.

  • October 04, 2024

    High Court Nuclear Case Could Be Admin Law Blockbuster

    By agreeing to consider the federal government's authority to license temporary nuclear waste storage facilities, the U.S. Supreme Court can ease the uncertainty facing a resurgent U.S. nuclear industry as well as clarify limits it's recently placed on federal agency power, experts say.

  • October 04, 2024

    Energy Cos. Say Toshiba Unit Can't Use Parent's Jury Waiver

    Michigan's largest energy companies said a jury should hear their claims that a Toshiba subsidiary botched a $500 million job to renovate their jointly owned power plant, saying a jury trial waiver in an agreement with the parent company doesn't apply to the unit that did the work.

  • October 04, 2024

    Enviro Group Drops EPA Fight Over Colo. Refinery Permit

    The Center for Biological Diversity agreed to end its Tenth Circuit challenge to the U.S. Environmental Protection Agency's refusal to object to a series of state permit changes for a Denver-area oil refinery, according to a Friday court filing.

  • October 04, 2024

    DC Circ. Won't Pause EPA's Iron Plant Rule

    A D.C. Circuit panel rejected bids by U.S. Steel Corp. and Cleveland-Cliffs Inc. to stay a U.S. Environmental Protection Agency rule setting emissions standards for their taconite iron ore processing facilities.

  • October 04, 2024

    Posting Copyrighted Building Codes Is Fair Use, Pa. Judge Says

    The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

  • October 04, 2024

    Europe Votes To Raise Tariffs On Electric Vehicles From China

    European Union member states voted Friday to impose higher tariffs on imports of battery electric vehicles from China for the next five years, adding to the already staggering tariffs imposed by the United States and Canada.

  • October 04, 2024

    Holtec Sues Former GC Over Alleged Embezzlement Scheme

    Energy technology company Holtec International has launched a New Jersey state lawsuit accusing its former general counsel and others of taking part in an embezzlement scheme to dupe the company into paying more than $700,000 to an entity they owned.

  • October 04, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.

  • October 04, 2024

    Justices Won't Block EPA Methane Control Rule

    The U.S. Supreme Court on Friday rejected pleas by Republican-led states and fossil fuel industry groups to block implementation of an Environmental Protection Agency rule strengthening methane emissions control requirements for oil and gas infrastructure.

Expert Analysis

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Reassessing Lease Provisions To Account For ESG Initiatives

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    As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.

  • Opinion

    FERC Penalty Adjudication Unconstitutional Under Jarkesy

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    The U.S. Supreme Court's holding in U.S. Securities and Exchange Commission v. Jarkesy that the SEC's use of in-house proceedings to adjudicate civil penalties is unconstitutional should equally apply to the Federal Energy Regulatory Commission's statutory penalty assessment schemes, say attorneys at Jenner & Block.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Integrating ESG Into Risk Management Programs

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    Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Avoid Getting Burned By Agencies' Solar Financing Spotlight

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    Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.

  • Decoding Arbitral Disputes: Spanish Assets At Risk Abroad

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    The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain’s failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • Nuclear Waste Storage Questions Justices May Soon Address

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    The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • Opinion

    Big Oil Climate Ruling Sets Dangerous Liability Precedent

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    The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.

  • How Companies Are Approaching Insider Trading Policies

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    An analysis of insider trading policies recently disclosed by 49 S&P 500 companies under a new U.S. Securities and Exchange Commission rule reveals that while specific provisions vary from company to company, certain common themes are emerging, say attorneys at Gibson Dunn.

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