Energy

  • March 11, 2024

    4 Things To Know About SEC Climate Reporting Compliance

    While the U.S. Securities and Exchange Commission scaled back its long-awaited climate disclosure rules last week, the requirements still pose plenty of compliance challenges, not least of which is figuring out how the new rules will mesh with similar — but not identical — regimes out of California and the European Union.

  • March 11, 2024

    Canadian Co. Loses $4.4B Romanian Gold Mining Claim

    Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.

  • March 11, 2024

    Biden Proposes Big Budget Boost For EPA

    The White House on Monday proposed a 20% budget increase for the U.S. Environmental Protection Agency, a boost that would mean more funding for climate change, water and environmental justice programs.

  • March 11, 2024

    Canadian Oil Driller Seeks US Recognition Of Reorg Filings

    A Canadian operator of Wyoming oil and gas wells Monday asked a Delaware court to recognize its Canadian insolvency proceedings, saying it is out of cash, $92 million in debt and seeking a buyer after years of production problems.

  • March 11, 2024

    Utah Counties Ask Justices To Rein In NEPA Requirements

    A coalition of seven Utah counties urged the U.S. Supreme Court to review a D.C. Circuit's decision revoking federal approval of a rail line to transport crude oil from Utah, saying the justices must provide clarity on a circuit split over the required scope of a federal agency's environmental review under the National Environmental Policy Act.

  • March 11, 2024

    FERC Says Nixing Power Market Revision Was Right Move

    The Federal Energy Regulatory Commission on Friday defended its rejection of a regional grid operator's revision of its capacity market rules due to competition worries, telling the D.C. Circuit that utility giant Entergy Inc. has no basis to challenge the decision.

  • March 11, 2024

    Biden DOT Budget Targets Aviation Safety, Private Jet Use

    The Biden administration is seeking to impose new fees on private jet users, boost aviation industry hiring and accelerate transit, highway and other infrastructure projects under a $109.3 billion budget request for the U.S. Department of Transportation that the White House unveiled Monday.

  • March 11, 2024

    Corps Says Groups Can't Show Dredging Permit Was Flawed

    The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.

  • March 11, 2024

    Kirkland, Latham Guide $35B EQT-Equitrans Gas Merger

    Kirkland & Ellis LLP-guided EQT Corp. and Latham & Watkins LLP-backed Equitrans Midstream Corp. said Monday they have agreed to merge, creating a $35 billion natural gas giant that will be "well positioned to be a globally competitive American energy leader."

  • March 08, 2024

    Inside The Climactic Clash Over Skyrocketing MDL Caseloads

    A seven-year showdown over the nation's swelling docket of ultra-high-stakes consumer suits is hurtling toward its moment of truth, as a judicial oversight panel weighs impassioned input from big-name attorneys and judges endorsing everything from sweeping overhauls to the tiniest of tweaks.

  • March 08, 2024

    La. Judge Won't Halt Clean Water Rule Favoring States, Tribes

    A Louisiana federal judge has rejected red states' and industry groups' effort to block the U.S. Environmental Protection Agency's new clean water rule that broadens states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.

  • March 08, 2024

    SEC's Climate Regs Face Multipronged Courtroom Attack

    The future of the U.S. Securities and Exchange Commission's long-awaited corporate climate disclosure regulations is up in the air as the agency stares down lawsuits challenging its authority to promulgate the rules, with even more parties threatening to force the agency to defend its decision in court for years.

  • March 08, 2024

    Gerdau Steel Denied Fathers Parental Leave, Ex-Workers Say

    Male steel mill workers for Gerdau were not allowed to take parental leave when their children were born unlike their female co-workers who were granted maternity leave, in violation of federal equal pay law, according to a proposed collective action filed in Texas federal court.

  • March 08, 2024

    Allegiance Coal Spars With Ch. 11 Lender Over $1.8M Fees

    A Delaware bankruptcy judge on Friday declined to rule on a petition from mining company Allegiance Coal USA to toss its debtor-in-possession lender's adversary proceeding demanding $1.8 million in fees, allowing more time to determine whether the fees have priority over the rest of the debtor's obligations.

  • March 08, 2024

    Calif. County Hasn't Fixed Oil Permitting Rules, Court Says

    A California appeals court again nixed a Kern County, California, ordinance that paves the way for faster oil and gas development in the area, saying the court-ordered, revised policy still doesn't comply with the state's bedrock environmental law.

  • March 08, 2024

    Texas Challenges EPA Methane Rule 'Overreach'

    Texas on Friday sued the U.S. Environmental Protection Agency over sweeping methane emissions control requirements for oil and gas infrastructure that include the first-ever requirements for existing sources.

  • March 08, 2024

    Mich. Justices Punt On Time Limits For Ballot Petition Drives

    The Michigan Supreme Court on Friday rejected an appeal from fracking opponents whose proposed ban didn't make the ballot because many gathered signatures were too old, though one justice said the court should have ruled on whether those time limits pass muster.

  • March 08, 2024

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

    This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.

  • March 08, 2024

    Direct Pay Regs Would Lift Major Barrier For Energy Projects

    A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements. 

  • March 07, 2024

    Chemours Internal Review Reveals Violations By Top Execs

    Chemical giant Chemours announced on Wednesday that an internal investigation revealed that three executives engaged in unethical financial practices to boost their incentive compensation.

  • March 07, 2024

    Tesla Can Force Individual Arbitration In EV Mileage Fight

    A California federal judge on Thursday ruled that Tesla can force individual arbitration in two proposed class actions alleging the carmaker falsely advertised inflated mileage ranges for its electric vehicles, but stayed the suit in case an arbitrator determines that certain relief is barred under Tesla's arbitration agreement.

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    Judges Say Facing Threats And Vitriol Now Part Of The Job

    Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.

  • March 07, 2024

    Xcel Energy Says It May Be To Blame For Texas Wildfire

    Xcel Energy Inc. said Thursday that its facilities may have been involved in igniting one of the massive wildfires ravaging the Texas Panhandle, though it said it disputes the notion that it was negligent in maintaining and operating its infrastructure.

  • March 07, 2024

    Tesla's $6M Solar Roof Deal OK'd After Objector Backs Down

    A California federal judge on Thursday approved Tesla's $6.08 million class action settlement and class counsel's $1.5 million fee request resolving allegations Tesla deceptively raised prices of its solar roof tile system after a class member dropped her sole objection mid-hearing upon learning she'll receive $17,000 under the settlement.

Expert Analysis

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Analyzing 1 Year Of Comments On FTC's Green Guides

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    A review of over 7,000 comments submitted in the year since the Federal Trade Commission requested feedback on its Green Guides reveals widespread concern over how the existing guidelines leave room for interpretation, putting businesses in a challenging position when marketing products, say Mark Levy and Emma Lombard at Eckert Seamans.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • A Review Of 2023's Most Notable Securities Litigation

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    There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.

  • 'Brownfields' Definition Key To Energy Community Tax Credits

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    As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.

  • ESG Investing Caught In Culture War Crosshairs In 2023

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    As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.

  • Inside CFTC's Latest Push To Regulate Carbon Markets

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    The Commodity Futures Trading Commission's newly proposed guidance for voluntary carbon credit derivative contracts is among several recent moves it has taken to address climate-related financial risk, and although the guidance is less robust than it could be, it should foster discussion toward a regulatory framework for this market, say attorneys at Morgan Lewis.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • 7 Enforcement Predictions For US Export Controls, Sanctions

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    Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.

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