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Energy
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February 13, 2025
House Dems Push Against GOP's Proposed Tax Cuts
House Budget Committee Republicans on Thursday passed a resolution that would allow for the passage of up to $4.5 trillion in tax cuts and the repeal of the Inflation Reduction Act.
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February 13, 2025
Mexico Says Mining Co.'s $408M Arbitration Claim Is Wrong
Mexico is fighting back against a Canadian mining company's $408 million damages claim that the country failed to remove an alleged worker blockade at a silver and zinc mine, arguing that the mineral exploration company is to blame for what were peaceful community demonstrations.
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February 13, 2025
Madigan Verdict Caps Stunning Fall For Powerful Chicago Pol
Former Illinois House Speaker Michael Madigan's conviction Wednesday on bribery and wire fraud charges marked a stunning fall from grace for a man who was the longest-serving legislative leader in the country and who wielded considerable influence in the state and the city of Chicago for decades.
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February 13, 2025
Oil & Gas Co.'s Antitrust Suit Baseless, Insurers Say
Insurers who hold surety bonds in an oil company and have been accused of colluding with other bondholders to demand additional collateral have urged a Texas federal court to dismiss the antitrust allegations against them, saying the dispute is contractual only.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Trump Reciprocal Tariff Plan Could Spur Supply 'Nightmares'
The U.S. will explore imposing reciprocal tariffs that equal rates levied by other countries importing American products, President Donald Trump announced Thursday, a move some experts worry will lead to "compliance nightmares" and COVID-level disruptions to supply chains.
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February 13, 2025
EPA Boss Says Biden Admin Wrongly Ceded Control Of $20B
The U.S. Environmental Protection Agency's new leader said Thursday that $20 billion Congress appropriated for an EPA grant program had been inappropriately transferred outside the agency and is lacking adequate supervision — a claim disputed by a Biden-era official.
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February 13, 2025
Pa. Sues Feds Over Withheld $2B In Energy-Related Grants
Pennsylvania Gov. Josh Shapiro sued several Trump administration agencies on Thursday claiming the federal government has frozen $2 billion in funds dedicated to state energy- and mining-focused projects in defiance of two court orders, in a "flagrantly lawless" move.
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February 13, 2025
EPA Asks 5th Circ. To Pause State Ozone Plan Decision
The U.S. Environmental Protection Agency asked the Fifth Circuit to hold off on deciding whether it was allowed to deny three states' plans to comply with federal ozone standards to give the Trump administration time to evaluate the rule at the center of the litigation.
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February 13, 2025
Duke Rate Hike Discrepancy Lacks Reason, NC Justices Hear
The North Carolina Attorney General's Office urged the state's highest court Thursday to undo what it characterized as a glaring rate hike for Duke Energy Carolinas compared to what a sister entity received, saying state regulators offered no justification for the jump.
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February 13, 2025
Energy Group Of The Year: Cravath
Cravath Swaine & Moore LLP secured groundbreaking legal wins for some of the U.S. energy industry's biggest players, including Pacific Gas & Electric Co. and The Williams Cos., earning the firm a spot among the 2024 Law360 Energy Groups of the Year.
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February 13, 2025
White & Case Environmental Partner Moves To Weil In NY
Weil Gotshal & Manges LLP announced Thursday that it has hired a White & Case LLP environmental law partner for its regulatory transactions group in New York.
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February 13, 2025
Tribe Can't Revisit $16M Ovintiv Settlement, Feds, Utah Say
The U.S. government and Utah urged a federal judge to reject a tribe's bid to challenge a $16 million Clean Air Act consent decree with Ovintiv USA Inc., arguing that its comments on the settlement were already considered and rejected.
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February 13, 2025
Orrick Hires Former Head Of A&O's Restructuring Practice
The former head of Allen & Overy's U.S. restructuring practice prior to A&O's transatlantic merger with Shearman & Sterling has joined Orrick Herrington & Sutcliffe LLP in New York.
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February 12, 2025
Republican Senators Float Ending EV Tax Credits
Republican lawmakers in the Senate on Wednesday unveiled a bill that would end electric vehicle and charging station tax credits that they dubbed "reckless."
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February 12, 2025
CPS Energy On Hook For $60M After $109M Explosion Verdict
A San Antonio jury has awarded $109.5 million to a family whose house exploded due to CPS Energy's alleged negligent maintenance of the home's natural gas system, but the nine-figure verdict was reined in by a "high-low agreement" capping the utility's liability at $60 million, plaintiffs' counsel said.
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February 12, 2025
Sea Salt Co. Sued Over Lead And Arsenic Levels
A salt company was hit with a proposed class action Tuesday in California federal court over allegations that its salt contains arsenic and lead, asserting that there is no safe level of lead.
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February 12, 2025
Avangrid Unit's Counterclaim Cut From Plant Cleanup Fight
The United Illuminating Co. cannot assert a counterclaim against the commissioner of Connecticut's energy regulator as they battle over the cleanup of the defunct and polluted English Station power plant in New Haven because the utility has not overcome the state's sovereign immunity, a state court has ruled.
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February 12, 2025
OCC Departs International Network Focused On Climate Risks
The Office of the Comptroller of the Currency on Tuesday became the latest U.S. government entity to withdraw from the Network of Central Banks and Supervisors for Greening the Financial System, an international consortium focused on the financial sector's responses and resilience to climate change.
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February 12, 2025
Spain Loses Another Stay Bid In Award Enforcement Suit
A D.C. federal judge has refused Spain's request to maintain a stay in Blasket Renewable Investments LLC's litigation to enforce a €77 million ($80 million) arbitral award while the country challenges a D.C. Circuit ruling in parallel cases before the U.S. Supreme Court.
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February 12, 2025
ITC To Review If Voltage Infringes Shoals' Solar Patents
About a month after Shoals Technologies Group filed a patent infringement complaint against North Carolina solar provider Voltage LLC and a Chinese manufacturing company, the U.S. International Trade Commission voted Tuesday to investigate the entities' importation and sale of accused photovoltaic trunk bus cable assemblies and their components.
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February 12, 2025
GOP Sens. Pitch $1K Tax On EVs To Boost Highway Fund
Republican senators on Wednesday proposed legislation that would establish a $1,000 tax on all new electric vehicles to help bolster a federal fund that pays for highway, road, bridge and transit upgrades nationwide.
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February 12, 2025
USPTO Ends Fast Exams Of Patents Targeting Climate Change
The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
5th Circ. OKs Drop Of Litigation Over Biden-Era GHG Rule
The Fifth Circuit has signed off on the Trump administration's decision to cease litigation over a Biden-era rule that required states to set targets for reducing greenhouse gas emissions tied to federally funded highway projects.
Expert Analysis
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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Emerging Energy Trends Reflect Shifting Political Landscape
As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig
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As EPA Backs Down, Expect Enviros To Step Up Citizen Suits
As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.
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How Criminal Enforcement Of Trump Tariffs May Work
While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Rethinking How To Engage Shareholders, Activists Via Proxies
This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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5 Key Takeaways From Energy Secretary's Confirmation
The recent confirmation hearing for U.S. Department of Energy Secretary Chris Wright highlighted several important themes, including his vision for transforming the DOE, his nuanced stance on renewables, and a renewed emphasis on energy abundance and affordability, says Connor McCulloch at Ankura Consulting Group.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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What Calif. Bill Could Mean For Battery Energy Storage
A newly proposed bill in the California Legislature would place major restrictions on the development of battery energy storage system projects in the state — but with Gov. Gavin Newsom's strong support for clean energy technology, the legislation will likely face significant obstacles, say attorneys at Sheppard Mullin.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.