Energy

  • February 16, 2024

    FERC Rejects Hydro Project Permits Amid Tribal Opposition

    The Federal Energy Regulatory Commission has denied preliminary permits for three proposed hydropower projects on Navajo Nation land in Arizona, saying a recently revised policy clarifying Indigenous rights in the agency's decision-making process and the tribe's overwhelming opposition to the applications swayed the decision.

  • February 16, 2024

    Clean Energy Cos. Must Pay Heed To PFAS Crackdown

    The clean energy industry shouldn't downplay the growing scrutiny over so-called forever chemicals, many of which are present in key components of their projects and can't be easily replaced, attorneys say.

  • February 16, 2024

    Canada Liable Under NAFTA For Axed LNG Project, Co. Says

    A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.

  • February 16, 2024

    Catching Up With Delaware's Chancery Court

    News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.

  • February 16, 2024

    Ex-FBI Field Boss Gets 28 Months For Foreign Payouts

    A former FBI field office supervisor was sentenced Friday to 28 months in prison for failing to disclose a $225,000 payment that he received from a former Albanian intelligence official while overseeing counterintelligence matters at the bureau.

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    Ex-Jenner & Block Litigator Joins Holland & Knight In Chicago

    Holland & Knight LLP has brought on a longtime Jenner & Block LLP partner to bolster its litigation practice as a partner based in its Chicago office.

  • February 16, 2024

    Taxation With Representation: Paul Weiss, Kirkland

    In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.

  • February 15, 2024

    Del. Judge Won't Reorder Priority Scheme For Citgo Auction

    A Delaware federal judge on Thursday denied a bid from certain creditors of Venezuela for a "more equitable" distribution of proceeds from an auction for control of the U.S. oil giant Citgo slated for later this year, ruling that their motion came too late.

  • February 15, 2024

    SpaceX Heads To Texas After Musk's Tesla Pay Package Axed

    Elon Musk announced Wednesday that he is taking SpaceX's business incorporation from Delaware to Texas, after Delaware's chancellor last month struck down his proposed $55 billion Tesla pay package.

  • February 15, 2024

    Ex-FBI Informant Made Up Biden Bribery Claims, Feds Say

    The special counsel investigating Hunter Biden has charged a former FBI informant with fabricating reports that President Joe Biden and his son each took $5 million in bribes from a Ukrainian energy company, according to an indictment unsealed Thursday in California federal court.

  • February 15, 2024

    FERC Churn Won't Impact Grid Policy Push, Chair Says

    A looming commissioner departure that could leave the Federal Energy Regulatory Commission without enough members to fully function is not affecting efforts to finalize a long-awaited overhaul of the agency's electric transmission planning policies, Chair Willie Phillips said Thursday.

  • February 15, 2024

    Baker McKenzie Can't Send Malpractice Suit To London

    An Illinois state appeals court has rejected a push by Chicago-based Baker McKenzie to transfer to London a legal malpractice suit accusing the international law firm of botching a client's bid to reacquire a coal mine in Russia, saying in a 2-1 decision that Cook County has an interest in deciding the case even if the alleged misconduct stems from attorneys in a Russian member firm.

  • February 15, 2024

    Investor In Battery Co. Microvast Sues Over De-SPAC Merger

    Leaders of lithium-ion battery maker Microvast Holdings Inc. and the blank-check company that took it public in July 2021 were so "personally hellbent on completing the merger" for their own benefit that they deceived public investors into approving it, a shareholder alleges in a new Delaware Chancery Court suit.

  • February 15, 2024

    NC AG Takes Duke Energy Rate Hike Fight To State Justices

    North Carolina Attorney General Josh Stein is pressing the state Supreme Court to overrule a rate increase approved by the state utilities commission for Duke Energy Carolinas, arguing that the increase is "unlawful, unjust, unreasonable."

  • February 15, 2024

    Generac Brass Hid Inflation's Impact On Sales, Suit Says

    Executives and directors of generator company Generac have been hit with a shareholder derivative suit alleging they understated the damage inflation had on consumer spending and demand for the company's products.

  • February 15, 2024

    DOI Inks Klamath Basin Agreement With Tribes, Water Users

    The U.S. Department of the Interior said it has struck an agreement that will see water users and tribes work together in a push to improve the environment and water supplies in the drought-prone Klamath River Basin of southern Oregon and northern California, pledging $72 million for projects.

  • February 15, 2024

    DIP Lenders Sue Allegiance Coal Over $1.8M In Unpaid Fees

    Debtor-in-possession lenders of bankrupt mining operation Allegiance Coal USA Ltd. have filed a Chapter 11 adversary suit in Delaware, saying the company has not paid them $1.8 million in fees owed under a court-approved DIP loan order.

  • February 15, 2024

    Fed. Circ. Says Feds Didn't Coerce Mont. Coal Permit Denial

    The Federal Circuit on Thursday said the Court of Federal Claims correctly threw out a coal leaser's suit alleging the federal government prevented it from acquiring necessary state operating permits, saying the company has failed to establish Montana was coerced into denying the permits.

  • February 15, 2024

    Stanford Prof Must Pay Atty Fees In Dropped Defamation Suit

    A Stanford University professor who sued critics of his renewable energy research must pay more than $500,000 in attorney fees despite dropping the litigation, the D.C. Court of Appeals ruled Thursday.

  • February 15, 2024

    Wash. Judge Says Tribes Can Seek River Pollution Damages

    A Washington federal judge denied a Teck Resources Ltd. unit's bid for summary judgment on natural resource damages claims that the Confederated Tribes of the Colville Reservation and state of Washington lodged over decades of Upper Columbia River pollution from a smelter in Trail, British Columbia, setting up the matter for a possible trial.

  • February 14, 2024

    DC Circ. Won't Rush Russia Appeal In $50B Award Case

    The D.C. Circuit will not fast-track its review of Russia's claim for sovereign immunity against arbitration enforcement litigation brought by former majority shareholders of the defunct Yukos Oil Co., which obtained $50 billion in arbitral awards against Moscow.

  • February 14, 2024

    USDA Says $20M Will Help Tribes Access Climate Market

    Federally recognized tribes and Alaska Native corporations and villages are getting a $20 million bump to broaden their access to emerging climate markets as a way to address ongoing climate change, the U.S. Department of Agriculture said on Wednesday.

  • February 14, 2024

    Energy Co. Says Tribal Court Being Used To Duck $12M Award

    Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.

  • February 14, 2024

    Spain Says €23.5M Award To Japanese Co. Can't Be OK'd

    Spain is urging a D.C. federal court to nix a Japanese investor's petition to enforce a €23.5 million ($25.2 million) arbitral award it won after Madrid dialed back economic incentives for renewable energy projects, arguing that doing so would force the country to violate European Union law.

Expert Analysis

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Takeaways From SEC's Aggressive Cybersecurity Moves

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    The U.S. Securities and Exchange Commission's intensifying policy on cybersecurity and securities violations in the wake of a data breach — like its enforcement action against SolarWinds and its security officer — has emboldened shareholders to file related suits, creating a heightened threat to public companies, say attorneys at Baker McKenzie.

  • Parsing Treasury's Proposed Clean Hydrogen Tax Credit Rules

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    Regulations recently proposed by the IRS and the U.S. Department of the Treasury concerning two types of tax credits for clean hydrogen production facilities should resolve many of the most pressing questions around qualification for the credits — albeit in a relatively stringent manner, say attorneys at Morgan Lewis.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Opinion

    Farm Bill Gives Congress 2024's Biggest Enviro Opportunity

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    A new Farm Bill, which Congress hopes to get out before mid-2024, is the main legislative opportunity to accelerate the adoption of environmentally friendly practices, as the major environmental laws have been interpreted largely to exempt agriculture from pollution standards that other industries must meet, say Peter Lehner and Carrie Apfel at Earthjustice.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

  • After Watershed Year, Clean Hydrogen Faces New Challenges

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    Clean hydrogen is on the verge of taking off — but over the course of 2023, it became clear that the regulatory landscape will be more stringent than expected, and the cost and timing of major projects will depend on a number of key developments anticipated in 2024, say attorneys at Weil.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • Will Justices Settle Decades-Old Split On Arbitrator Conflicts?

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    Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.

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