Energy

  • March 27, 2024

    Dykema-Led CPS Energy Buying Texas Gas Assets For $785M

    Dykema Gossett PLLC-advised CPS Energy has agreed to buy a Texas power generation portfolio from Talen Energy Corp. for $785 million, the companies said Wednesday.

  • March 26, 2024

    Jackson Paints Abortion Clash As Microcosm Of Bigger Brawl

    A war of words Tuesday at the U.S. Supreme Court over access to abortion medication marked a climactic moment after a lengthy legal slugfest. But probing questions from Justice Ketanji Brown Jackson illustrated that the main event for reproductive rights was also simply a single round in a much larger fight over the government's regulatory powers.

  • March 26, 2024

    8th Circ. Urged To Freeze SEC Climate Rules Once More

    An energy company suing the U.S. Securities and Exchange Commission over its recently finalized climate disclosure rules urged the Eighth Circuit on Tuesday to stay the implementation of the rules, after a stay granted by the Fifth Circuit was recently lifted following the consolidation of various related lawsuits.

  • March 26, 2024

    Pennsylvania, Crypto Miner Sued Over Enviro Contamination

    A Pennsylvania environmental group sued the Keystone State and a crypto-mining company Tuesday in Philadelphia County Court accusing the state of failing to protect its residents from the company's purported six million tons of carbon dioxide emissions per year.

  • March 26, 2024

    Judge To Let McDermott Investors Seek 2-Subclass Cert.

    A Texas federal judge has declined to certify a proposed class of investors in energy industry engineering company McDermott International Inc., siding with a magistrate judge who recommended dismissing the class certification bid so the investors could refile and seek certification for two investor subclasses.

  • March 26, 2024

    WTO Calls On Australia To Amend Steel Duties On China

    A World Trade Organization panel on Tuesday ruled that Australia flouted certain measures of the intergovernmental organization's so-called Anti-Dumping Agreement when calculating duties on wind towers, stainless steel sinks and railway wheels from China.

  • March 26, 2024

    9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt

    The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.

  • March 26, 2024

    Oil Cos. Say Partner Kept Them In The Dark On New Facilities

    A group of Colorado oil and gas companies have accused a Texas energy company they partnered with of secretly building and running pipelines and other infrastructure to support North Dakota oil and gas wells, cutting the Colorado companies out of their share. 

  • March 26, 2024

    Ukrainian Gas Cos. Say Russia Can't Escape $35M Award

    Several Ukrainian gas companies have urged a D.C. federal court not to grant Russia's bid to toss their claims seeking to enforce a nearly $35 million arbitral award against the Kremlin, saying the arbitrators already rejected Russia's claims that an underlying treaty doesn't apply.

  • March 26, 2024

    6th Circ. Won't Let Propane Retailer Nix EEOC's Subpoena

    The Sixth Circuit said Tuesday that Ferrellgas LP must provide the U.S. Equal Employment Opportunity Commission with information it requested as part of an investigation into a sex and race discrimination charge, backing a lower court's conclusion that the request wasn't too expansive.

  • March 26, 2024

    SPAC Investors Misled In $1.35B Stem Deal, Del. Suit Says

    A former stockholder of a blank-check company that merged with intelligent energy storage business Stem Inc. filed a proposed class action in Delaware's Court of Chancery Tuesday, alleging breaches of fiduciary duty and unjust enrichment in connection with the April 2021 merger.

  • March 26, 2024

    BP, Chevron And Others Hit With Climate Change Suit In Pa.

    Bucks County in Pennsylvania has sued BP, Chevron, ExxonMobil and other major oil companies for allegedly deceiving the public about the dangers of fossil fuel pollution, claiming that climate change has caused increasingly severe weather leading to property damage in the county.

  • March 26, 2024

    Biden Admin Greenlights 2nd Orsted NY Offshore Wind Farm

    The U.S. Department of the Interior on Tuesday approved the construction of Orsted-Eversource's Sunrise Wind project off the New York coast, the seventh offshore wind project given the go-ahead by the Biden administration.

  • March 26, 2024

    Greens Sue NRC Over Delayed Diablo Canyon Inspections

    The U.S. Nuclear Regulatory Commission violated federal law when it rejected community and environmental groups' request for a public hearing over allegedly outdated inspections at Diablo Canyon, California's last remaining nuclear power plant, the groups told the Ninth Circuit on Monday.

  • March 26, 2024

    Enbridge Plugs $350M Into Natural Gas Joint Venture

    Enbridge Inc., WhiteWater/I Squared Capital and MPLX LP on Tuesday announced that they will be banding together to form a joint venture that will develop, construct, own and operate natural gas pipelines and storage assets that connect the Permian Basin natural gas supply to liquefied natural gas export markets.

  • March 26, 2024

    US EV Subsidies Discriminatory, China Tells WTO

    Domestic production rules for U.S. electric vehicles to qualify for subsidies under the Inflation Reduction Act are discriminatory, the Chinese Ministry of Commerce said Tuesday, announcing it had filed a complaint with the World Trade Organization.

  • March 25, 2024

    4th Circ. Sides With Trump Jr. In Ex-Coal CEO's Libel Suit

    A Fourth Circuit panel on Monday upheld Donald Trump Jr.'s win against former coal company CEO and U.S. Senate candidate Don Blankenship's defamation suit, saying there's no evidence Trump Jr. acted with actual malice when he called Blankenship a "felon" — instead of a person convicted of a federal misdemeanor — on social media.

  • March 25, 2024

    McDermott Settles Colombian Refinery Fight With $900M Deal

    A Colombian refinery company that was granted a $1 billion arbitration award against global engineering giant McDermott International Ltd. has resolved its long-standing dispute with an agreement that gives the refinery company a settlement package amounting to about $900 million.

  • March 25, 2024

    SolarWinds Makes Renewed Bid To Toss SEC Cyber Suit

    SolarWinds Corp. has asked a New York federal court to dismiss an amended suit it is facing from the U.S. Securities and Exchange Commission, saying the agency cites documents that contradict its claims against the government contractor.

  • March 25, 2024

    Full 10th Circ. Stands By Revival Of Valero Pipeline Leak Suit

    The full Tenth Circuit refused to budge from a panel's February decision that partly revived an Oklahoma cattle ranch's lawsuit seeking to hold Valero Energy Corp. liable for a pipeline leak that allegedly contaminated the ranch property.

  • March 25, 2024

    Ex-Lordstown CEO Settles SEC's 'Pre-Sale' Fraud Claims

    The former CEO of the electric pickup truck company once known as Lordstown Motors Corp. has agreed to pay $175,000 to settle the U.S. Securities and Exchange Commission's fraud claims over the alleged misrepresentation of its pre-sale demand for vehicles.

  • March 25, 2024

    NOAA Allots $60M To Help Columbia River Salmon

    The National Oceanic and Atmospheric Administration said it plans to allocate $60 million of Inflation Reduction Act funding to pay for overdue maintenance and repairs at hatchery facilities in the Columbia River Basin, which will further tribal priorities and help address climate change impacts facing salmon and steelhead populations.

  • March 25, 2024

    Solar Co. Downplayed Exposed Wire Issue, Investors Claim

    Energy company Shoals Technologies Group Inc. has been hit with a proposed class action alleging it downplayed the cost of repairing exposed wires for customers and that investors were blindsided when the company finally revealed it would need to spend at least $60 million to fix the issue.

  • March 25, 2024

    Del. Justices Undo Toss Of Brookfield-TerraForm Merger Suit

    Delaware's Supreme Court on Monday reversed the dismissal of a suit from former shareholders of TerraForm Power Inc. who challenged a squeeze-out merger by Brookfield Asset Management Inc., concluding a proxy statement failed to fully disclose alleged conflicts of interest involving special advisers Morgan Stanley & Co LLC and Kirkland & Ellis LLP.

  • March 25, 2024

    BLM Adhered To Law In Granting Oil Lease Sales, Judge Rules

    A D.C. federal judge has ruled in favor of the Bureau of Land Management in litigation brought by environmental groups seeking to challenge six oil and gas leases in the western United States, saying the agency did all that it was required to under the National Environmental Policy Act when it approved the lease sales.

Expert Analysis

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

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    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • FERC's Updated Settlement Policy Comes With Risks For Cos.

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    The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

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    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Caremark 2.0 Lends Shareholders Agency Against Polluters

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    The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.

  • Wildfire Challenges For Utility Investors: Regs And Financing

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    For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Wildfire Challenges For Utility Investors: Liability Theories

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    The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Webpages Must Meet Accessibility Standard To Be Prior Art

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    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • Strategies For Single-Member Special Litigation Committees

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    The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

  • 10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation

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    By applying Oklahoma's statutory definitions of pollution to a private landowner's claim for negligence for the first time, the Tenth Circuit's recent decision in Lazy S Ranch v. Valero will likely make it harder to obtain summary judgment in oilfield contamination cases, and will lead to more litigation, say attorneys at GableGotwals.

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