Energy

  • March 05, 2021

    'Cynical' Innogy Can't Duck $70M Wind Farm Suit, Court Told

    The seller of a wind farm project says the buyer, Innogy, is unjustly trying to keep $70 million worth of tax credits by taking advantage of deadline leniency under the COVID-19 pandemic and manipulating the construction schedule to miss contractual deadlines.

  • March 05, 2021

    Kinder Morgan Wants Indemnity In Pipeline Inspection OT Suit

    Kinder Morgan Inc. claims it has been wrongly accused of violating the Fair Labor Standards Act in an Oklahoma federal collective action filed by pipeline inspectors the company contracts with and wants to be indemnified, according to Texas state court filings.

  • March 05, 2021

    Duval Real Estate Leaders Hope NYC Will Loosen Restrictions

    New York City is primed to offer a new clean energy financing option for developers, and real estate leaders at Duval & Stachenfeld hope this will be part of a broader move to loosen regulations and encourage more development. This is the second in a five-part series of Q&A's with female real estate leaders during Women's History Month, a year into the COVID-19 pandemic.

  • March 05, 2021

    3 Firms Rep €1.4B KPS Deal With Norwegian Metals Biz

    Industrial-focused private equity firm KPS said Friday it's buying the aluminum rolling business of aluminum and energy multinational Norsk Hydro ASA for €1.38 billion (about $1.64 billion) in a deal guided by three law firms.

  • March 05, 2021

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

    The past week in London has seen Scotland's ferry services sue its insurer, Britain's new high-speed rail service face another contract challenge and an ex-Qatari prime minister's company hit with a new suit. Here, Law360 looks at those and other new claims in the U.K.

  • March 05, 2021

    Germany Will Pay Utilities $2.9B For Nuclear Phaseout

    Germany has agreed to pay settlements totaling some $2.89 billion to four energy supply companies, including the Swedish company Vattenfall, to resolve legal disputes that arose after the country decided to phase out nuclear energy following the 2011 Fukushima disaster.

  • March 05, 2021

    3 Firms Craft £2.3B Deal For Mobile Power Provider Aggreko

    Private equity firms I Squared Capital and TDR Capital will shell out £2.3 billion ($3.2 billion) for U.K.-based Aggreko, a mobile power provider on tap for the Tokyo Olympics and Paralympics, in a deal announced Friday that was built by law firms Kirkland & Ellis, Slaughter and May and Dickson Minto.

  • March 05, 2021

    Firms Leveraging Climate Change Know-How To Win Clients

    Law firms are vying to establish themselves as experts on how climate change impacts an ever-expanding array of client interests, putting new spotlights on the work of environmental and energy lawyers that are teaming with disparate practice groups to deliver holistic climate advice.

  • March 04, 2021

    LA Atty Must Disgorge $1.65M Fee For 'Egregious Conduct'

    A California judge ordered an attorney who represented Los Angeles Department of Water and Power customers in a faulty billing lawsuit to disgorge $1.65 million in attorney fees and be held in contempt and sanctioned Thursday, saying he disobeyed court orders and withheld information about possible collusion with the city's attorneys.

  • March 04, 2021

    White House To Review ITC Import Ban On Car Batteries

    The U.S. Department of Transportation will review how a recent 10-year import ban on a South Korean company's electric vehicle batteries affects President Joe Biden's clean transportation goals, according to the nominee for the No. 2 job at the agency.

  • March 04, 2021

    Schlumberger Unit Says Albright's Past Clouds Transfer Bid

    Schlumberger unit M-I LLC said Thursday that it wants input from a Texas federal judge before agreeing to transfer its patent infringement case to U.S. District Judge Alan Albright, whose former firm used to represent the defendant in the case.

  • March 04, 2021

    2nd Circ. Vacates Sanctions For Donziger In Chevron Case

    A divided Second Circuit panel on Thursday overturned $666,476 in sanctions against Steven Donziger, who helped secure a fraudulent $9.5 billion judgment against Chevron Corp. in Ecuador, saying confusing constraints imposed on his fundraising activity undermined the penalty.

  • March 04, 2021

    Energy Charter Treaty Case Highlights Divide Over Pact's Fate

    A legal adviser for Europe's highest court has concluded that the arbitration provision in a treaty relating to energy investments is invalid under European Union law, a decision that encapsulates a debate about the future of the aging and controversial treaty.

  • March 04, 2021

    Prosecutors In Texas AG Fraud Case Ask For Oral Arguments

    The special prosecutors pursuing felony securities fraud charges against Texas Attorney General Ken Paxton have urged the appellate court that stayed the case in October to hear oral arguments over whether the suit belongs in Collin County or Harris County.

  • March 04, 2021

    Utilities Not Ready To Ditch Gas, Nuclear In Net-Zero Push

    U.S. utility executives on Thursday said they're fully on board with the power sector's accelerating clean-energy transition, yet they insisted traditional fuels like natural gas and nuclear power still have roles to play in a decarbonized electric grid.

  • March 04, 2021

    Fieldwood Accused Of Trying To Duck Well Cleanup Cost

    Another former owner of bankrupt oil exploration company Fieldwood Energy LLC oil and gas leases has asked a Texas bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying it is trying to foist off the expense of cleaning up abandoned wells.

  • March 04, 2021

    Climate Adviser McCarthy Touts Biden's Sweeping Vision

    President Joe Biden's National Climate Adviser Gina McCarthy on Thursday gave details about the administration's sweeping approach to climate change, saying the government will pursue carbon reduction projects like more electric vehicle charging stations but still sees the value in traditional energy sources like oil and gas.

  • March 04, 2021

    Exxon Seeks To Dodge $11.7M Macquarie Fee

    An Exxon Mobil Corp. unit is trying to dodge paying Macquarie Energy $11.7 million for missed deliveries during last month's winter storm in the central U.S., saying the unforeseen freezing temperatures voided its duty to supply.

  • March 04, 2021

    5 Tips Insurance Attys Are Giving After Texas Winter Storm

    Texas insurance attorneys have been inundated with questions following the state's Valentine's Day storm that left millions without power and water, and are guiding business clients through what could be a thorny, long process to get fully compensated for the damage. Here, Law360 breaks down five tips commercial insurance attorneys are giving their clients.

  • March 04, 2021

    SEC Task Force Will Use Data, Tips To Uncover ESG Violations

    The U.S. Securities and Exchange Commission said Thursday it has created a new task force to clamp down on environmental, social and governance-related disclosure violations, a move that drew an immediate rebuke from two Republican commissioners who suggested the enforcement initiative was premature without any changes to existing rules.

  • March 04, 2021

    Magellan Says It's Not Obligated To Remove Ammonia Pipeline

    Magellan Midstream Partners has told an Oklahoma federal court it should dismiss a landowner's claims it is trespassing on his land by not removing an ammonia pipeline, telling the court it has not abandoned the pipeline, and even if it had, the easement it holds does not expire.

  • March 04, 2021

    Senate Panel Approves Haaland For Interior Secretary

    The Senate Committee on Energy and Natural Resources voted on Thursday to advance the nomination of New Mexico congresswoman and Pueblo of Laguna member Deb Haaland as U.S. Department of the Interior secretary, putting her on the verge of becoming the first Native American to run a cabinet department.

  • March 04, 2021

    Supreme Court Blocks Release Of Power Plant Rule Docs

    The U.S. Supreme Court on Thursday overturned the Ninth Circuit's finding that the federal government was required to turn over documents concluding that a proposed U.S. Environmental Protection Agency regulation for power plant cooling was likely to put protected species at risk.

  • March 03, 2021

    ERCOT Chief Canned In Wake Of Texas Winter Storm Outages

    The Electric Reliability Council of Texas' board of directors announced Wednesday night it will terminate its president and CEO within the next 60 days in the aftermath of last month's deadly winter storm, when the state's primary grid operator cut power to millions as temperatures plummeted.

  • March 03, 2021

    Kaepernick's ESG-Focused Blank-Check Biz Raises $300M

    A blank-check company sponsored by former NFL quarterback Colin Kaepernick started trading Wednesday after raising $300 million in an Ellenoff Grossman-led initial public offering.

Expert Analysis

  • Opinion

    IRS Should Level The Field For R&D Tax Credits

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    A recent increase in denials of research and development tax credits to small businesses in the architectural, engineering and construction community shows the Internal Revenue Service should issue new guidance to ensure a fair playing field and an opportunity to continue innovating in the U.S., says Julio Gonzalez at Engineered Tax Services.

  • Texas Tax Talk: Development Bill Needs Bilateral Buy-In

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    If a pending bill to overhaul the Texas Economic Development Act can resolve the concerns of both project developers and school districts, it will make the popular tax break an even more useful tool for attracting investment, say Matt Larsen and Bucky Brannen at Baker Botts.

  • Musk's Crypto Tweets Likely Didn't Violate SEC, CFTC Rules

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    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission will be hard-pressed to argue Tesla CEO Elon Musk's recent tweets about cryptocurrencies amounted to illegal communication of material information to investors, or constituted market manipulation, say Kenneth Breen and Phara Guberman at Paul Hastings.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Pandemic Force Majeure Interpretations May Be Shifting

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    A New York federal court's ruling in JN Contemporary Art v. Phillips Auctioneers, deeming COVID-19 to be a natural disaster that triggers a force majeure clause, appears to loosen previously strict contours of contractual interpretation and could create a legal quandary for obligees, say Kimberly Daily and Matthew Rawlinson at Eversheds Sutherland.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • Renewable Energy Cos. Need New Risk Management Tools

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    As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Clean Water Act Ruling Could Obstruct Future Permitting

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    A Minnesota federal court's recent ruling that the U.S. Environmental Protection Agency must review applications for federally licensed discharges issued under the Clean Water Act to determine water quality effects in other states could complicate the permitting process, says David Fotouhi at Gibson Dunn.

  • Review Force Majeure Clauses Before Storms Hit

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    Recent storm-related disruptions to electric power in Texas are a reminder that companies should carefully assess force majeure clauses in their contracts in advance of disasters, given that such clauses hinge on whether nonperformance is avoidable given proper preparation, say Adam Schramek and Tom McCormack at Norton Rose.

  • Keys To Carbon Neutral Oil And LNG Transactions: Part 2

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    The parties to a carbon neutral oil or liquefied natural gas transaction must agree upon the source and quality of the carbon offset units used in the deal, as well as on any transaction-specific verification protocols and carbon footprint methodologies, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Patent Numbers May Be Declining, But Innovation Isn't

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    The 2020 decline in patents issued to eight out of 10 top filers at the U.S. Patent and Trademark Office suggests that we may see further weakness in filing activity in the following years, but we should expect growth in the number of patents filed by emerging technology companies, says Pedram Sameni at Patexia.

  • Keys To Carbon Neutral Oil And LNG Transactions: Part 1

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    Carbon neutral oil and liquefied natural gas transactions can make oil and LNG more environmentally competitive with renewable energy, but participants must pay close attention to the cost of carbon offsets involved, and applicable regulations around carbon trading and marketing claims, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

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