Energy

  • October 21, 2024

    V&E Helps EnCap Amass $5.25B For Latest Energy Fund

    Houston, Texas-based EnCap Investments LP, advised by Vinson & Elkins LLP, on Monday announced that it wrapped its 12th energy-focused fund after securing $5.25 billion from investors.

  • October 21, 2024

    High Court Will Review Clean Air Act Jurisdiction Cases

    The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Colo. County, Enviros Back DC Ruling In High Court Rail Fight

    Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.

  • October 18, 2024

    States, Public Health Groups Defend EPA Power Plant Rule

    A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.

  • October 18, 2024

    US Fights PetroSaudi Bid To Limit $380M Seizure

    The U.S. on Friday slammed a PetroSaudi company's request for a California federal court to clarify that officials can only seize 5% of a $380 million award, calling the request an improper attempt at revisiting a 3-year-old court ruling.

  • October 18, 2024

    Judge Blasts Feds' 'Utter Failure' To Quantify Climate Impact

    A Colorado federal judge has ruled the U.S. Army Corps of Engineers violated the Clean Water Act and other federal guidelines in approving a dredging permit for a Denver dam project, calling out the agency's "utter failure" to study the impacts of climate change and alternatives that would avoid impacting wetlands.

  • October 18, 2024

    Natural Gas Producer Will Pay $9.4M For Excess Air Pollution

    The U.S. Environmental Protection Agency and New Mexico Environment Department have reached a $9.4 million settlement with Hilcorp Energy Co., resolving claims the company failed to reduce emissions during well completion operations, in violation of the Clean Air Act and New Mexico state law.

  • October 18, 2024

    Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told

    The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.

  • October 18, 2024

    SunPower Corp. Gets OK For Chapter 11 Plan

    A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.

  • October 18, 2024

    $50B Russia, Yukos Case Poses New Questions For DC Circ.

    A D.C. Circuit panel suggested during oral arguments Friday that Russia's bid to revive its sovereign immunity claim in a $50 billion arbitration enforcement case poses some new legal questions for the appeals court.

  • October 18, 2024

    Fed. Circ. Partly Restores Suit Over Utility Line Patent

    The Federal Circuit has revived part of a lawsuit that alleged Metrotech Corp. infringed a competitor's patent covering ways for finding underground utility lines, finding that a lower court needs to take another look at key patent terminology.

  • October 18, 2024

    FERC Extension For Pipeline Spur Warranted, DC Circ. Told

    The developer of a southern spur of the Mountain Valley Pipeline and two potential customers are asking the D.C. Circuit to nix conservation groups' challenge of a construction deadline extension the Federal Energy Regulatory Commission granted for the so-called Southgate project.

  • October 18, 2024

    Conn. Brother Wants No Jail Time In Brazilian Oil Scheme

    A Connecticut man who pled guilty to laundering money in a Brazilian oil bribery scheme that also ensnared his brother says he should not be sentenced to jail time because he needs cancer treatments and has been "devastated financially."

  • October 18, 2024

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

    This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.

  • October 18, 2024

    Dechert Business Litigation Partner Joins Womble Bond In DC

    Womble Bond Dickinson LLP has hired a business litigation partner who spent nearly a decade at Dechert LLP, where he practiced with an attorney who moved to Womble Bond last month to lead its international disputes practice.

  • October 17, 2024

    Mexico Phosphate Case Shines Light On 3rd-Party Funding

    A U.S. deep ocean exploration company's announcement last month that most, if not all, of a $37 million award it won against Mexico would go toward satisfying its obligations to its third-party funder has helped to fuel questions about whether such funding arrangements belong in investor-state arbitration.

  • October 17, 2024

    No Fraud In $195M Natural Gas Feud, Court Hears

    A Portuguese electricity and gas provider that won a $195 million arbitral award against a Spanish natural gas company has opposed its discovery motion as it looks to vacate the award on fraud claims following their dispute over a liquefied natural gas swap transaction.

  • October 17, 2024

    DOL, Red States Spar Over Loper Bright Impact On ESG Rule

    Conservative-led states suing the U.S. Department of Labor have told a Texas federal court that the end of the Chevron doctrine boosts their bid to end a rule allowing retirement plan advisers to consider environmental, social and governance factors in investment choices, while the DOL argued that it deserves another summary judgment win.

  • October 17, 2024

    Engineer Wood PLC Faces Contempt Bid Amid Pipeline Spat

    A contractor facing claims that it mismanaged the construction of a $22 million Colonial Pipeline Co. fuel terminal in Georgia asked a federal judge Thursday to hold multinational engineering firm John L. Wood PLC in contempt of court for playing "word games" with a recent subpoena.

  • October 17, 2024

    Supreme Court Signals Skepticism On Staying Federal Rules

    A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.

  • October 17, 2024

    FERC Adds Tribal Protections To Transmission Siting Rule

    The Federal Energy Regulatory Commission unanimously finalized its rule updating how the agency plans to carry out its limited authority over siting transmission lines during its monthly meeting on Thursday.

  • October 17, 2024

    Infrastructure Co. Owes $2.4M In Arb. Fees In Solar Plant Fight

    A federal judge has upheld an award of $2.4 million in fees to a Spanish construction firm in its dispute with an infrastructure company over a failed energy project in the Nevada desert, ruling an arbitration tribunal did not ignore the law in the breach of contract action.

  • October 17, 2024

    Groups Challenge Utah Permit For Green River Lithium Project

    Conservation groups hit the Utah state engineer and an Anson Resources subsidiary with a suit challenging a water permit issued last month for a lithium extraction project along the Green River, the Colorado River's largest tributary.

  • October 17, 2024

    Jury Says Phillips 66 Owes $605M In Fuel Trade Secrets Fight

    A jury in California state court said Wednesday a retailer of low-carbon fuels is owed $604.9 million after finding that Phillips 66 swiped trade secrets relating to data, such as sales information and pricing methods.

Expert Analysis

  • New State Carbon Capture Laws: Key Points For Developers

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    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.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    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.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    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.

  • 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.

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