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Energy
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January 17, 2025
GOP Reps. Look To End President's National Monument Power
Two Republican members of Congress have launched a bill seeking to strip the president's power to declare national monuments, saying the Antiquities Act of 1906 is in dire need of reform that would hand over that authority to Congress.
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January 17, 2025
Colo. Judge Rejects Xcel's Bid To Move Wildfire Trial
A Colorado state judge has rejected Xcel Energy's bid to move a September trial over its alleged liability for a 2021 wildfire away from where the fire took place, finding the utility company failed to show six fair jurors can't be found in a county of more than 300,000 people.
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January 17, 2025
US Steel Can't Quicken Probe Into Alleged Merger Plot
U.S. Steel won't get an expedited look into communications between rival Cleveland-Cliffs Inc. and the United Steelworkers to look for evidence of an alleged conspiracy to sabotage its $14.9 billion merger with Japan's Nippon Steel Corp., after a Pittsburgh federal judge deemed the request "premature" on Friday.
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January 17, 2025
Energy Co. To Pay $19M SEC Fine Over Ohio Bribery Scandal
American Electric Power Inc. on Friday agreed to pay $19 million to resolve claims from the U.S. Securities and Exchange Commission that the utility company violated federal securities laws in connection with a bribery scandal embroiling the Ohio Legislature.
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January 17, 2025
DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board
The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.
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January 17, 2025
Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says
A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.
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January 17, 2025
PE-Backed M&A Values, Megadeals Surged In 2024
Private equity-backed merger and acquisition values jumped nearly 25% year-over-year in 2024, while PE-backed megadeals valued above $5 billion more than doubled, according to S&P Global Market Intelligence.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 16, 2025
US Could Soon Find Itself On Wrong End Of Energy Disputes
America's energy landscape has been marked in recent years by the Biden administration's enthusiastic support of renewable energy projects, but international disputes experts are predicting that the incoming Trump administration's promise to derail such projects could land the U.S. in legal hot water.
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January 16, 2025
Nicaragua Co. In Solar Row Asks Texas Justices For New Trial
A Nicaragua company tapped to build a solar park in that country asked the Texas Supreme Court to wade into its long-running dispute with companies that allegedly conspired to sell it tens of thousands of counterfeit solar panels.
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January 16, 2025
Trump's DOT Pick Says Air Safety, New Tech Big Priorities
President-elect Donald Trump's would-be transportation secretary pledged to oversee a leaner and more efficient U.S. Department of Transportation focused on expediting project permitting, prioritizing mega infrastructure projects, and ensuring that Boeing and aviation safety gets "back on track."
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January 16, 2025
Quarry, Conn. Town Eye Settlement In $9.5M Shutdown Feud
The town of East Haven, Connecticut, and a quarry owner are in settlement talks to end both a lawsuit and an appeal of the owner's $10.6 million bench trial win on claims he was forced to shut down operations for improper political reasons, a federal district court filing indicates.
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January 16, 2025
Mining Co. Can Intervene In Nevada Lithium Project Suit
A Nevada federal judge is allowing the owner and developer behind the Rhyolite Ridge Lithium-Boron Mine to intervene in a dispute over the U.S. Department of the Interior's authorization of the project, saying the company satisfies all intervention requirements.
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January 16, 2025
Chancery Nixes More Docs For Exxon-Pioneer Merger Suit
Ruling that "any further intrusions are unwarranted," Delaware's Court of Chancery on Thursday rejected a Pioneer Natural Resources stockholder bid for additional emails and text messages between the company's former CEO and Exxon Mobil Corp.'s top executive related to the two company's $60 billion merger.
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January 16, 2025
Trump EPA Pick Faces Climate Questions, Dodges Details
President-elect Donald Trump's pick to lead the U.S. Environmental Protection Agency on Thursday tried to steer clear of controversy at a Senate confirmation hearing, taking a conciliatory tone, deferring judgment on specific matters and promising to exercise independence.
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January 16, 2025
Interior Nom Stresses Need For More Fossil Fuels
Interior secretary nominee Doug Burgum said on Thursday that he will promote U.S. energy dominance and add more fossil fuel-derived electricity to the grid, as Democrats and Republican senators sparred over how much emphasis should be given to renewables.
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January 16, 2025
Boiler Co. Blamed For Carbon Monoxide Deaths In $18M Suit
The home-heating boiler in a Massachusetts home where three people died of carbon monoxide poisoning last year lacked a sensor or switch that would have shut it down after water from condensation blocked an improperly installed vent pipe, a lawsuit filed in state court Wednesday alleges.
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January 16, 2025
Texas Ozone Fight A Repeat Of 2007, EPA Tells 5th Circ.
The U.S. Environmental Protection Agency said that Texas is feigning a misunderstanding of the Clean Air Act, saying it couldn't have hit the state with a "surprise switcheroo" because it was in an identical situation more than a decade earlier.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Phillips Mum On Future As FERC Chairmanship Nears End
Willie Phillips on Thursday acknowledged that his time as Federal Energy Regulatory Commission chairman is coming to an end, but wouldn't say whether he will leave the agency once President-elect Donald Trump takes office.
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January 16, 2025
Cleveland-Cliffs Sets Sights On US Steel, And More Rumors
Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.
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January 16, 2025
Enviro Org. Drops Fight Over DOE's $1.1B Diablo Canyon Award
An environmental group has begrudgingly dismissed its challenge of a $1.1 billion U.S. Department of Energy award that aimed to help California's last nuclear power plant keep running after learning state officials have already given Pacific Gas & Electric Co. $1.3 billion for the same purpose.
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January 16, 2025
Pa. Energy Co. Strikes Deal To End 401(k) Class Action
A Pennsylvania-based electricity and natural gas company agreed to settle a class action alleging it loaded its employee retirement plan with costly underperforming investment options, staving off a trial slated to begin this month.
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January 16, 2025
Treasury Updates Bonus Energy Tax Credit Safe Harbors
The U.S. Treasury Department provided updates Thursday to safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing steel and aluminum parts in response to new trade restrictions on solar products from China by President Joe Biden's administration.
Expert Analysis
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.