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Energy
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July 15, 2025
Energy Company Says NJ Real Estate Firms Owe $1.2M
A Garden State supplier of renewable electricity has alleged in New Jersey federal court that a group of New Jersey commercial real estate firms is refusing to pay more than $1.28 million in energy bills.
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
City Worker Says She Was Axed For Trying To Tax Energy Co.
A former employee of a Texas Gulf Coast city has told a court Monday that she was fired after suggesting that the city council vote to increase taxes on land owned by Freeport LNG.
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July 15, 2025
Tax Court Warns Attys In Denying $20M Easement Deduction
The U.S. Tax Court threatened Tuesday to force attorneys for a Georgia partnership to personally pay court costs after they had argued at trial for a $20 million tax deduction for a conservation easement donation, an amount the court said was over 100 times the land's value.
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July 15, 2025
Zimbabwe Wins Bid To Nix $50M Award Suit
The D.C. Circuit on Tuesday overturned a ruling ordering Zimbabwe to face litigation to enforce an 11-year-old $50 million arbitral award stemming from an ill-fated mining deal, ruling that two exceptions to sovereign immunity were inapplicable and that the court therefore lacks jurisdiction.
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July 15, 2025
La Caisse Plugs $200M Into PE-Backed Renewa
Infrastructure investor QIC Infrastructure on Tuesday announced that its portfolio company Renewa received a $200 million primary equity commitment from investment group La Caisse.
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July 15, 2025
11th Circ. Told Tax Court Erred Nixing Easement's Values
A Georgia partnership told the Eleventh Circuit that the U.S. Tax Court broke legal precedent by relying on a flawed valuation method that did not consider commercial mining potential when it denied a deduction tied to the conservation easement donation of a property.
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July 15, 2025
5th Circ. Says Oilfield Specialists Are OT Exempt
Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.
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July 15, 2025
Sunnova Seeks OK For $7M In Ch. 11 Sale Incentives To Execs
Bankrupt solar panel giant Sunnova has asked a Texas bankruptcy court for permission to pay up to $7 million in cash incentives to its top executives, contingent on securing higher sale proceeds than its stalking horse bids for certain assets.
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July 15, 2025
Calif. Legislature OKs Retroactive Solar Property Exclusion
California would allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill passed by the state Senate and sent to Democratic Gov. Gavin Newsom for approval.
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July 15, 2025
Reed Smith Says Docs Slipped Through Stay In Eletson Row
Reed Smith has asked the Second Circuit to again step in and block new owners of reorganized Greece-based international shipping company Eletson from viewing communications between the firm and the company's prior owners, saying that, despite a stay already in place, the new owners were allowed to acquire some files.
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July 15, 2025
DC Circ. Backs Dismissal Of Green Orgs' Drilling Permit Suit
The D.C. Circuit on Tuesday rejected environmental groups' challenge to the approvals of thousands of federally approved oil and gas drilling permits in New Mexico and Wyoming, finding that a lower court was right to find they lacked standing.
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July 15, 2025
Brookfield, Google Ink $3B Hydroelectric Power Deal
Brookfield Asset Management, its subsidiary Brookfield Renewable Partners and Google have agreed to a "first-of-its-kind" more than $3 billion deal that aims to build up to 3,000 megawatts' worth of hydroelectric power capacity throughout the country, Brookfield announced July 15.
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July 14, 2025
7th Circ. Upholds Exxon's Win In Ex-Lab Tech's Sex Bias Suit
The Seventh Circuit on Monday refused to revive a former ExxonMobil Corp. employee's sex discrimination suit against the major oil and gas company, saying the woman failed to prove she was treated less favorably than male colleagues in the lead-up to her termination.
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July 14, 2025
Ukraine Bank Payment Bid Likely Illegal In $150M Award Fight
A Texas magistrate judge has recommended denying, for now, Carpatsky Petroleum Corp.'s bid to force Ukraine's largest oil company to hand over payments via its international bank account to the U.S.-based corporation as it seeks enforcement of a $150 million arbitral award.
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July 14, 2025
London Judge Nixes Jurisdictional Award In Gas Plant Feud
An English judge on Monday vacated an International Chamber of Commerce tribunal's award finding it has jurisdiction in a dispute stemming from a gas processing plant construction project for Saudi Aramco, saying the matter belongs before a London-seated ad hoc tribunal.
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July 14, 2025
NY Judge Snuffs Counties' Bid To Derail Congestion Pricing
A New York federal judge on Monday tossed claims from two local counties alleging Manhattan's discriminatory congestion pricing tolls trampled on motorists' right to travel, saying inconvenient tolls for certain commuters don't amount to a constitutional violation.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Exxon's Climate Change Skepticism Is Protected, Court Told
Exxon Mobil Corp. was engaging in "core political speech" protected by the First Amendment when it made public statements that Connecticut's attorney general has alleged misled consumers about its business practices' contribution to climate change, the company told a state court Monday.
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July 14, 2025
9th Circ. Affirms FERC's Yank Of PG&E Grid Perk
The Ninth Circuit on Friday backed the Federal Energy Regulatory Commission's decision to deny Pacific Gas & Electric Co. a grid incentive meant for public utilities that voluntarily join a regional transmission organization, saying PG&E was not entitled to the perk since a California law now mandates membership in an organization.
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July 14, 2025
Enviro Groups Sue DOE Over Tenn. Nuclear Site Cleanup Plan
The U.S. Environmental Protection Agency's $30 billion cleanup plan for a nuclear site outside Knoxville, Tennessee, has failed to prevent harmful discharges into the area's groundwater and waterways, threatening community health and the local environment, environmental groups have said.
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July 14, 2025
Feds Argue Trump's Energy Orders Should Not Be Blocked
The federal government is fighting an effort to block President Donald Trump's fossil fuel-boosting executive orders that was filed by youths alleging U.S. energy policies harm their future by exacerbating climate change.
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July 14, 2025
Ex-ComEd Exec Gets 1½ Years For Hiding Madigan Bribes
An Illinois federal judge on Monday sentenced a former Commonwealth Edison executive and lobbyist to one and a half years in prison for his role in a scheme to steer payments to allies of ex-Illinois House Speaker Michael Madigan to win his support for energy legislation favorable to the utility, and for falsifying company records to hide no-show jobs for Madigan's associates.
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July 14, 2025
K&L Gates' DC Office Head Assumes US Leadership Role
K&L Gates LLP announced the appointment of new leadership in the United States on Monday, elevating the head of its Washington, D.C., office to the role of U.S. regional managing partner.
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July 14, 2025
TV Reporter Fights Town's Appeal After Broken Leg Trial Win
A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.
Expert Analysis
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Foreign Countries Have Strong Foundation To Fill FCPA Void
Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Why Trade Cases May Put Maple Leaf Deference On Review
When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How Trump Energy Order May Challenge State Climate Efforts
Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.
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EPA's Proposed GHG Reform Could Hinder Climate Regulation
The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.