Energy

  • February 13, 2024

    Biden Offshore Leasing Plan Faces Legal Heat On All Sides

    The Biden administration faces dueling D.C. Circuit challenges from the oil and gas industry and environmental advocates over its scaled-back offshore leasing program for 2024-2029.

  • February 13, 2024

    DC Circ. Again Nixes Challenge To FERC Pipeline Powers

    The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.

  • February 13, 2024

    Ex-FERC Chair Returns To Skadden As Energy Group Head

    James Danly, former Republican Federal Energy Regulatory Commission member and onetime chairman, is returning to Skadden Arps Slate Meagher & Flom LLP as the head of its energy regulatory group, the firm announced Tuesday amid growing private sector demand for energy attorneys in the nation's capital.

  • February 13, 2024

    Energy Group Of The Year: Skadden

    Skadden Arps Slate Meagher & Flom LLP was a strong force in the energy sector in 2023, guiding Duke Energy in the $2.8 billion sale of its renewables subsidiary and aiding Venture Global LNG in the largest liquid natural gas project financing in history at $21.1 billion, earning it a spot among Law360's Practice Groups of the Year.

  • February 13, 2024

    Arizona Lawmakers Sue Feds Over Grand Canyon Monument

    The top Republicans in the Arizona Legislature and the state treasurer are asking a federal court to overturn President Joe Biden's protection of nearly a million acres in northern Arizona, calling his creation of the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument an "unlawful land grab."

  • February 13, 2024

    Elliott Nails 1st Board Seat At Phillips 66 After Prior Demand

    Oil refiner Phillips 66 said Tuesday it has named former Cenovus Energy executive Robert W. Pease to its board, caving to pressure from Elliott Investment Management after the activist investor revealed it bought up a $1 billion stake in the company and was seeking two board seats.

  • February 13, 2024

    Rancher Accuses Biden Admin Of Abusing Antiquities Act

    A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.

  • February 12, 2024

    Bribery Is Not Securities Fraud, FirstEnergy Tells 6th Circ.

    FirstEnergy Corp. is asking the Sixth Circuit to overturn class certification in a case accusing the company of committing securities fraud in connection with a multimillion-dollar bribe made to a convicted politician, arguing that "half-truths" about the company's aging power plants cannot be the basis of class-wide claims.

  • February 12, 2024

    DC Circ. Probes FERC Review Of La. Natural Gas Terminal

    A D.C. Circuit panel on Monday questioned the Federal Energy Regulatory Commission's refusal to formally characterize a Louisiana liquefied natural gas export terminal's contributions to climate change, with one judge indicating that regulators' reluctance to make determinations creates unnecessary challenges in deciding the project's fate.

  • February 12, 2024

    Energizer, Walmart Can't Ditch Battery Pricing Collusion Suits

    Energizer and Walmart cannot escape a trio of class actions accusing the battery manufacturer of giving the big box chain almost complete control over the retail price its batteries are sold for and forbidding other retailers from undercutting them.

  • February 12, 2024

    Generator Co. Brass Accused Of Lying About Finances

    Top executives and board members of Generac, a power generation equipment manufacturer, were hit with a shareholder derivative lawsuit filed in Delaware federal court on Monday, accusing them of lying about the company's financial outlook and the reliability of its products.

  • February 12, 2024

    Andes, Oxy Resolve $392M Ecuadorian Award Fight

    An Occidental Petroleum unit has resolved its feud with a Chinese-owned oil company over a $392 million arbitral award stemming from an ill-fated Ecuadorian oil project, a case that Occidental was attempting to appeal all the way to the U.S. Supreme Court.

  • February 12, 2024

    Del. Court Won't Rehear Energy Co. Climate Suit Dismissal

    Five fossil fuel companies now facing state damage claims in Delaware tied to the environmental and health effects of their production and sales lost a bid Monday for reargument, clarification or limited reconsideration of a state Superior Court refusal to dismiss the claims.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    Ex-Jones Day Partner With FERC Past Joins Baker Botts

    Baker Botts LLP announced Monday that the former head of the Federal Energy Regulatory Commission's Division of Investigations joined the firm's energy litigation practice as a partner in Houston.

  • February 12, 2024

    Kodiak Gas Gives Enforcers More Time To Review $854M Deal

    Kodiak has given enforcers more time to review its planned $854 million deal for CSI Compressco, which would combine two major providers of compression services to the oil and gas industry.

  • February 12, 2024

    Colo. Oil Co. Can't Halt Regulators' New Enforcement Efforts

    A Colorado state judge has ruled that his order freezing state oil regulators' actions against K.P. Kauffman Co. Inc. does not stop officials from future enforcement against the oil and gas company.

  • February 12, 2024

    State Sen. Says 'Loophole' Still Doesn't Defame Solar Exec

    A Pennsylvania state senator's memorandum over a proposal to close the "Hommrich loophole" in state law that governs private alternative-energy systems was referring to the name of a court case, not the solar energy executive who claimed the memo was defamatory in a revised lawsuit, the senator said in her renewed objections to the suit.

  • February 12, 2024

    Oil Driller Accused Of Using Creditor Assets For Ch. 11

    A group of claimants in a Texas-based oil driller's Chapter 11 case recently asked a bankruptcy judge to reject the debtor's proposal for reorganization, alleging the plan would unlawfully use their property interests to pay off the company's debts and administrative costs.

  • February 12, 2024

    Ex-Madigan Aide Gets 2.5 Years For Lying In Grand Jury Probe

    Former Illinois House Speaker Michael Madigan's longtime chief of staff was sentenced to 30 months in federal prison Monday for lying to a grand jury that was investigating his former boss's relationship with lobbyist and confidant Michael McClain.

  • February 12, 2024

    Utility Sues Connecticut Over $14M Rate Hike Bid Denial

    Saying a move by the state of Connecticut was yet another measure blocking it from maintaining "financial integrity," The United Illuminating Co. has added to its list of legal feuds with the state by challenging a Dec. 29, 2023, regulatory denial of a $14 million interim rate increase request.

  • February 12, 2024

    Let Power Pricing Order Stay Dead, Texas Justices Hear

    There's no reason for the Texas Supreme Court to revive a policy that allowed the state's grid operator to set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021, a pair of power companies have told the justices.

  • February 12, 2024

    SoCal Air District Pledges Polluter Fee Rule To Settle Suit

    A southern California air quality agency has agreed to introduce a new rule that would impose penalty fees on sources that contribute to the area's ozone problems, resolving a Clean Air Act citizen lawsuit filed by environmental groups.

  • February 12, 2024

    Bioenergy Cos. Beat Ohio Towns' Ammonia Emissions Suit

    An Ohio federal judge on Monday dismissed a Clean Air Act citizen lawsuit filed by two Ohio communities against a pair of bioenergy companies for allegedly polluting the air with ammonia emissions, reasoning the state Environmental Protection Agency already sued the companies.

  • February 12, 2024

    Locke Lord Denies Playing 'Cat And Mouse' In Fighting Suit

    Locke Lord LLP reiterated to a New Jersey state court Monday that the Garden State is the wrong jurisdiction for an oil company's malpractice suit against the firm stemming from a failed oil refinery financing project.

Expert Analysis

  • 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.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

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