Energy

  • March 21, 2024

    Ky. Coal Mine Owner Tells 6th Circ. Lease Sale Was Improper

    The owner of a sprawling Kentucky coal mine told the Sixth Circuit on Thursday that a sale of leases by the mine's bankrupt operator was improper because the bankruptcy court didn't hold a required hearing on changes to the assignment of leases.

  • March 20, 2024

    Faegre Drinker Adds Former Honigman Construction Pro

    Faegre Drinker Biddle & Reath LLP has strengthened its construction and real estate litigation group in Chicago with Raj Patel, previously a partner with Honigman LLP, the firm said Wednesday.

  • March 20, 2024

    Proposed W.Va. Rig Worker OT Collective Will Go Forward

    A proposed collective action alleging that oil and gas exploration and production company Tug Hill Operating LLC misclassified rig workers as independent contractors, resulting in overtime violations, will proceed, as a West Virginia federal court on Wednesday declined to send the claims to arbitration.

  • March 20, 2024

    Mayer Brown Draws Energy Deals Pro From Clifford Chance

    Mayer Brown LLP has hired an energy transition and project finance expert, as the international firm looks to strengthen its energy transactions practice across Europe.

  • March 20, 2024

    Gas Buyers Want Judge Recused From Shale Cartel Suits

    A would-be class of gasoline buyers pursuing antitrust claims against a string of shale oil producers told a Nevada federal judge on Tuesday that her admitted ownership of stock in Exxon Mobil Corp. required her to recuse herself from presiding over the litigation.

  • March 20, 2024

    SEC Proxy Roundup: Verizon, UPS Escape ESG Proposals

    Verizon and UPS may exclude from their proxy statements shareholder proposals on social policy and climate change matters, according to U.S. Securities and Exchange Commission staff, who also denied various other requests from corporations looking to escape separate social and politics-related proposals.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    EPA Tightens Auto Emissions Rules But Relaxes Timetable

    The U.S. Environmental Protection Agency on Wednesday finalized a rule that requires reductions in greenhouse gas emissions from cars, trucks and vans through 2032, although automakers, labor unions and dealers convinced the EPA to relax its timetable.

  • March 20, 2024

    Slaughter And May Cuts Partner Promotions By Half In 2024

    Slaughter and May said on Wednesday that it is adding to its bench of up-and-coming leaders by promoting five lawyers to its partnership — only half the number it elevated in 2023.

  • March 20, 2024

    Breaking Down Each State's Climate Priority Policies

    Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

  • March 20, 2024

    Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told

    The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    King & Spalding Adds Ex-PwC Tax Pro As Partner In NY

    An experienced tax attorney has joined King & Spalding LLP in New York after working at PricewaterhouseCoopers LLP for six years.

  • March 20, 2024

    Pillsbury Energy Ace Jumps To Baker Botts In NY

    A former Pillsbury Winthrop Shaw Pittman LLP partner with close to 20 years of experience has made the leap to Baker Botts LLP, bolstering the energy, projects and transactions section of the firm's global projects department.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    2 Men Behind Chinese Co. Stole Tesla Trade Secrets, Feds Say

    Brooklyn federal prosecutors have charged a Canadian man residing in China and his Chinese business partner with scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Tuesday.

  • March 19, 2024

    Texas Energy Co. Should Put Service Before Price, Court Hints

    Texas Supreme Court justices questioned an electricity provider about its argument that the Public Utility Commission of Texas' policy setting price caps during extreme events goes against state law, asking if the agency should prioritize competition over keeping "the lights on" during oral arguments Tuesday.

  • March 19, 2024

    Wash. Hydro Co. Says Dam Removal Plan Follows Court Order

    A Washington hydroelectric company insists it is not disobeying a court order to remove part of a temporary rock dam that harms migrating fish, telling a federal judge that a tribe's alternative is not structurally sound and cannot be permitted.

  • March 19, 2024

    Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial

    A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.

  • March 19, 2024

    Think Tanks Say Wind Turbine Project Would Harm Whales

    A group of conservative think tanks, including those with a history of opposing government climate change initiatives, want a D.C. federal judge to block a wind turbine project off the shore of Virginia, saying federal agencies failed to properly analyze and take steps to prevent the project's likely harm to endangered North Atlantic right whales.

  • March 19, 2024

    Mining Co. Faces Investor Suit After Turkey Landslide Losses

    Colorado-based SSR Mining Inc. has been hit with a proposed class action from an investor alleging the company understated the likelihood of a February landslide at its Turkish mine that left nine miners missing and led to the country's government to revoke some of the company's environmental licenses.

  • March 19, 2024

    SEC Gambles Climate Rule Fate On Circuit Court Lottery

    The U.S. Securities and Exchange Commission on Tuesday asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate legal challenges to its climate disclosure regulations before a single federal circuit court, leaving the fate of the hotly debated rules in the hands of a randomly selected appellate panel.

  • March 19, 2024

    Biden Administration Updates EV Fuel Economy Estimates

    Federal energy regulators on Tuesday issued changes to the outdated way they calculate the fuel economy equivalent estimates for electric vehicles, a move conservation groups cheered as a way to make automakers improve overall vehicle fleet efficiency.

  • March 19, 2024

    4th Circ. Judges Vexed By Disputes In Inmates' Wage Suit

    The Fourth Circuit appeared poised Tuesday to revive claims by Maryland inmates seeking minimum wage for doing county recycling work, with judges indicating that the case is still plagued by unknowns.

  • March 19, 2024

    Leech Tishman Tells 6th Circ. Time Ran Out On Fraud Suit

    A former Leech Tishman attorney was not party to a tolling agreement between his law firm and investors caught in a Ponzi scheme he allegedly should have warned them away from, so the firm should escape vicarious liability once the time limit expired for the investors to sue him, counsel for the firm told the Sixth Circuit Tuesday.

Expert Analysis

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • Property Owner Considerations Around Electric Vehicle Bans

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    In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Why NYC Building Owners Shouldn't Ignore Emissions Rule

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    New rules from the New York City Department of Buildings clarify the previously vague good faith efforts that building owners may make to mitigate penalties for not complying with a major carbon emission law that takes effect in January, and should discourage owners from simply paying the fines instead of decarbonizing, says William McCracken at Moritt Hock.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

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