Energy

Expert Analysis

• Climate Ruling May Help Future Plaintiffs Establish Causation

  

  The Ninth Circuit's recent decision in Juliana v. United States blocked private litigants from using the courts to force climate change action by the federal government, but it may have laid a trail of breadcrumbs for future climate plaintiffs to establish injury in fact and causation, say attorneys at WilmerHale.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• How Enviros Will Challenge Trump's NEPA Update

  

  The Trump administration's recently proposed updates to National Environmental Policy Act regulations — which forgo analysis of climate change impacts — are certain to draw litigation attacking the changes as arbitrary, capricious and an abuse of regulatory discretion, say Marcella Burke and Cason Hewgley of King & Spalding.

• A Good Year Ahead For Energy Infrastructure M&A

  

  Recent policy developments and investment trends in China, Europe and the United States offer a number of compelling reasons to expect that energy infrastructure M&A deals will be strong in 2020, say attorneys at Hogan Lovells.

• How Montana Fossil Ruling Could Affect Oil And Gas Cos.

  

  The Montana Supreme Court's forthcoming decision in Murray v. BEJ Minerals will determine whether dinosaur fossils found on a ranch should be legally considered minerals, but could also affect oil and gas producers because of its potential relevance to sand, fracking wastewater and other substances, says A.J. Ferate of Spencer Fane.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Bat Species Status Ruling Leaves Cos. Hanging

  

  A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

• Trends In Recent FCPA And Cartel Cases Against Execs

  

  The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

• EPA Renewable Fuel Shift May Increase Cost Of Compliance

  

  The U.S. Environmental Protection Agency’s new 2020 rules for renewable identification numbers — which function as receipts attached to batches of renewable fuels — are inconsistent with the agency’s earlier policy and may make compliance more expensive, say Deanna Reitman and Jeffrey Bourdon of DLA Piper.

• Ruling On FERC’s Tolling Orders Could Slow Pipelines

  

  If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

• FERC Issues For Natural Gas Cos. To Watch In 2020

  

  The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

• Malpractice Landscape Is Becoming Riskier For BigLaw

  

  A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

• Metal Importers Beware Of New Expanded Tariff Risks

  

  Importers should reexamine their supply chains in response to a controversial presidential proclamation that went into effect Saturday that significantly intensifies the tariff policy by expanding the scope of duties on aluminum and steel, say attorneys at Akin Gump.

• Perspectives

  Book Review: A Lawyer Reflects On Defending Guilty People

  

  In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.