Energy

  • January 21, 2022

    GrafTech Investor Loses Del. Suit Over $250M Share Buyback

    The Delaware Chancery Court tossed a GrafTech International Ltd. stockholder's lawsuit Friday that sought to disgorge $250 million gained in an allegedly conflicted, insider-controlled share repurchase and block trade, finding that the majority of GrafTech's board members weren't conflicted, and that a stockholder demand should have been lobbed before suing in court.

  • January 21, 2022

    Feds, Mining Cos. Ink $90M Deal In Gold King Mine Spill Suit

    Four federal agencies and two mining companies announced a $90 million settlement agreement to put an end to multidistrict litigation regarding a 2015 contamination incident at the Gold King Mine where 3 million gallons of toxic acid drainage infiltrated local rivers.

  • January 21, 2022

    Wyoming, Montana Back Bid To End Suit Against Coal Leasing

    Wyoming and Montana have thrown their weight behind an effort to kill a lawsuit filed by environmentalists who want the Biden administration to put an end to federal coal leasing, arguing that the revocation of a Trump-era order makes the case moot.  

  • January 21, 2022

    CIT Affirms Revised Subsidy Analysis In S. Korean Steel Brawl

    A U.S. Court of International Trade judge on Friday closed the latest chapter in a long-running dispute over whether South Korean authorities subsidized electricity for steel producers, accepting the U.S. Department of Commerce's updated reasoning for foregoing countervailing duties.

  • January 21, 2022

    Citgo Share Sale Off The Table For Now, Feds Say

    The Biden administration has barred the holders of some $1.9 billion in defaulted Venezuelan bonds from executing a sale of shares in Citgo's parent company held by the country's state-owned oil company until 2023.

  • January 21, 2022

    Emirati Family Says $90M Award Suit Doesn't Belong In NY

    An Emirati family is trying to dodge litigation filed by Cessna in New York federal court to enforce a $90 million arbitral award stemming from a defaulted business jet lease deal, taking aim at a "concocted" fraudulent transfer theory that they claim comes up short on jurisdiction.

  • January 21, 2022

    DC Circ. Judge Seems Fine With FERC OKing $2.1B Pipeline

    A D.C. Circuit judge on Friday indicated she's satisfied with the Federal Energy Regulatory Commission's reason for granting Nexus Gas Transmission LLC eminent domain authority for its $2.1 billion pipeline to export natural gas to foreign markets, pointing to the project's domestic benefits.

  • January 21, 2022

    NY Fiber Co. To Pay $5M Over 'Unsafe' Pole Attachments

    New York's utility regulator has reached a $5 million settlement with a fiber optic internet service provider in Rochester over alleged violations of utility pole attachment rules, a sum of money the state said will help to develop broadband in the region.

  • January 21, 2022

    VW To Pay $3.5M To Settle Ohio Emissions Tampering Claims

    Volkswagen AG will pay $3.5 million to end Ohio's claims alleging that the German automaker violated state environmental and anti-tampering laws through its 2015 "clean diesel" emissions-cheating scandal, Ohio's attorney general announced Friday.

  • January 21, 2022

    DC Judge Won't Move Offshore Oil Lease Challenge To La.

    A D.C. federal judge has rejected the state of Louisiana's attempt to move a lawsuit filed by environmentalists against the federal government's sale of Gulf of Mexico oil drilling rights to the Western District of Louisiana, ruling that the suit couldn't have been filed there in the first place.

  • January 21, 2022

    US, EU End WTO Battle Over Security Tariffs

    The United States and the European Union walked away from dueling cases over Trump-era national security tariffs on steel and aluminum and Brussels' retaliatory measures, following last year's breakthrough steel deal, according to World Trade Organization filings published Friday.

  • January 21, 2022

    House Climate Deception Probe Ensnares Oil Co. Directors

    U.S. House Oversight Committee leaders have asked board members from Chevron, ExxonMobil, BP and Shell to testify for an investigation into whether the fossil fuel industry has intentionally blocked climate change action to protect their businesses.

  • January 21, 2022

    Energy Group Of The Year: Baker Botts

    From clean energy transmission projects and power purchase agreements to multibillion-dollar oil and gas mergers, Baker Botts LLP's deal-making work throughout the energy sector has earned it a repeat spot among Law360's 2021 Energy Groups of the Year.

  • January 20, 2022

    FERC Dems Press Case For Pipeline Approval Policy Overhaul

    The Federal Energy Regulatory Commission on Thursday refused to yank its approval of a pipeline compressor station beset with safety problems, but Democratic commissioners said the issue highlights the need to boost consideration of environmental impacts in a looming revision of the agency's pipeline approval policy.

  • January 20, 2022

    Mining Co. Surrenders Rights To Skagit River Parkland Area

    British Columbia said it has reached an agreement with Imperial Metals Corp. to leave untouched an area between two parks at the headwaters of the Skagit River, saying the company's surrender of mining rights there will protect wild salmon runs that Indigenous communities depend on.

  • January 20, 2022

    EPA Says Fuel Importer Violated Clean Air Act

    The U.S. Environmental Protection Agency on Thursday claimed that an upstate New York petroleum distributor that distributed gas to Native American tribes violated Clean Air Act standards for years, and wants to hold the company accountable.

  • January 20, 2022

    Nigeria Doesn't Have Immunity In $10B Award Suit, U.S. Says

    Nigeria cannot claim sovereign immunity in litigation to enforce a $10 billion arbitral award against it even though the award was set aside in its courts, the Biden administration told the D.C. Circuit on Wednesday, urging the appeals court to reject that defense.

  • January 20, 2022

    Holland & Knight Hires 2 Partners To Energy, Finance Teams

    Two former Troutman Pepper partners have recently joined Holland & Knight LLP as the firm seeks to strengthen its renewable and financial services team.

  • January 20, 2022

    Gov't Looks To Shape Forced Labor Import Enforcement

    Importers and advocates will soon have a chance to sound off on a sweeping new trade law aimed at countering forced labor in China's Xinjiang region as the government opens the door for input on how best to enforce the statute.

  • January 20, 2022

    Gov't Balks At Effort To Link China Tariffs To Solar Cases

    The Biden administration fired back at importers fighting Section 301 tariffs on Thursday, telling the U.S. Court of International Trade that two recent rulings the companies flagged do not actually support their read of the Tariff Act of 1974.

  • January 20, 2022

    Lawmakers Weigh Cryptocurrency Mining's Energy Impacts

    Lawmakers generally expressed optimism about blockchain technology in a House Committee on Energy and Commerce hearing Thursday, but quizzed witnesses on ways to mitigate its environmental impacts.

  • January 20, 2022

    Guatemala Chases Israeli Co. Over Failed Arbitration Costs

    Guatemala is hoping to enforce a $1.8 million award against Israeli energy company IC Power Asia Development Ltd., which brought a failed arbitration action over the seizure of its subsidiaries' bank accounts.

  • January 20, 2022

    Texas Panel OKs Oil Co.'s Win In Cattle Death Suit

    A Texas appellate panel on Thursday upheld a jury's verdict clearing Texcel Exploration Inc. of any liability for the death of 132 head of cattle that wandered into where oil and gas operations were taking place, busted a pipe, caused an oil spill and ingested the oil.

  • January 20, 2022

    6 Maura Healey Cases To Know As Gov. Campaign Launches

    Massachusetts Attorney General Maura Healey officially announced her bid to become the state's next governor Thursday morning, citing several of her office's high-profile litigation battles as evidence of the kinds of fights she hopes to bring to the State House.

  • January 20, 2022

    EPA Must Close PFAS Reporting Loopholes, Suit Says

    Three advocacy nonprofits hit the Environmental Protection Agency with a lawsuit in D.C. federal court Thursday, seeking to force the agency to close loopholes that exempt chemical plants and military bases from disclosing certain emissions of cancer-causing chemicals.

Expert Analysis

  • Interconnection Process Is Key To Calif.'s Green Power Goals

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    If California is to achieve its greenhouse gas goals and procure its desired mix of power generation resources, the California Independent System Operator will need to get better at keeping pace with surging interconnection requests, says Seth Hilton at Stoel Rives.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • Opinion

    Electricity Market Competition Helps Consumers And Climate

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    Lawmakers looking to combat climate change and increase consumer choice should encourage and expand competitive electricity supply markets, to free customers from inefficient and often corrupt vertically integrated monopoly utilities, says Todd Snitchler at the Electric Power Supply Association.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Import Best Practices Under New Uyghur Forced Labor Law

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    Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block discuss key provisions of the recently enacted Uyghur Forced Labor Prevention Act, and offer compliance strategies that may position importers to demonstrate their supply chains are free from forced labor when the act's provisions presumptively barring many Chinese imports go into effect in June.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • What Infrastructure Act Means For Transmission Line Projects

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    The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • New Anti-Dumping Rules Both Clarify And Complicate

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    The U.S. Department of Commerce's recent regulatory changes concerning anti-dumping and countervailing duty proceedings refine the process and helpfully eliminate steps for petitioners, but also create new hurdles for nonpetitioning parties, say William Isasi and Jordan Bakst at Covington.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Ruling Confirms Causation Is Key Under NY Anti-SLAPP Law

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    New York's anti-SLAPP statute gives defendants a powerful tool against speech suppression, but the New York Supreme Court's recent decision in RSR v. LEG Q shows that the law requires clear proof of a connection between protected speech and an allegedly retaliatory SLAPP suit, says William Brewer at Brewer Attorneys & Counselors.

  • Ruling Highlights UK Courts' Approach To Climate Claims

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    The Scottish Court of Session's decision in Greenpeace Ltd. v. The Advocate General illustrates that courts in England, Wales and Scotland do not consider the effects of oil consumption to be a relevant consideration in the context of environmental impact assessments, thereby putting the issue of the justiciability of climate-related claims back into the spotlight, say Mark Clarke and Gwen Wackwitz at White & Case.

  • DOI's Vision For Offshore Wind: Obstacles And Opportunities

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    The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

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