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Energy
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April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates
The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
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April 12, 2024
DOJ Must Cut Through Political Noise In US Steel Probe
The U.S. Department of Justice has its work cut out for it as it conducts a probe of Nippon Steel's planned $14.9 billion takeover of U.S. Steel, a potentially drawn out process that experts say will test the antitrust division's ability to remain objective in the face of immense pressure from President Biden, an influential union, and a concurrent CFIUS review.
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April 12, 2024
Mediation Not Required In River Authority Price Hike Row
The Texas Supreme Court on Friday reversed a lower court decision that the San Jacinto River Authority was required to mediate claims with two Houston-area cities over unpaid amounts for groundwater services, writing that contract provisions for alternative dispute resolution "do not serve as limits" on a waiver of governmental immunity.
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April 12, 2024
Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit
Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.
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April 12, 2024
Lionsgate Ups PIPE To $225M Before $4.6B SPAC Merger
Entertainment and production giant Lionsgate on Friday is raising the amount of its private investment in public equity related to its planned $4.6 billion merger with special purpose acquisition company Screaming Eagle Acquisition Corp. to $225 million, according to a filing with the U.S. Securities and Exchange Commission.
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April 12, 2024
Gas Co. Accuses Tech Partner Of 'Snake Oil Salesman' Tactics
A Houston natural gas company asked a federal court Thursday to revoke a state settlement agreement between it and a partner who allegedly provided it with faulty monitoring equipment, calling the company a "modern-day snake oil salesman" that retaliated when it was "called on its failures."
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 12, 2024
Justices Limit Shareholder Suits Over Corporate Disclosures
A unanimous U.S. Supreme Court on Friday ruled that a corporation's failure to disclose certain information about its future business risks, absent any affirmative statement that would make such silence misleading, cannot itself be the basis of a private securities fraud claim.
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April 11, 2024
Investors Again Seek Asset Freeze To Enforce $60M Awards
Two Chinese investment firms have again urged a California federal court to impose a worldwide freeze against a renewable energy company's assets as they seek to enforce about $60 million in arbitral awards, saying the company is in increasing financial distress.
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April 11, 2024
3 Firms Guide Safety Inspection Firm UL's Upsized $946M IPO
Safety inspection company UL Solutions Inc. on Thursday completed a larger-than-anticipated $946 million initial public offering near the top of its price range, guided by three law firms.
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April 11, 2024
NJ Climate Suit Goes 'Far Beyond' Boundaries, Oil Cos. Say
Six oil companies and an energy trade group told a judge Thursday that New Jersey Attorney General Matthew Platkin is attempting to stretch the state's tort law "far beyond" any manageable boundaries in attempting to hold them liable for allegedly misleading Garden State residents about the climate impacts of fossil fuels.
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April 11, 2024
Interior Dept. Finalizes Rule To Strengthen Endangered Species Act
The U.S. Fish and Wildlife Service on Thursday announced a final rule it said is intended to increase participation in its voluntary conservation programs, but environmentalists slammed it as "a huge missed opportunity" to improve conditions for wildlife.
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April 11, 2024
Energy Co. Says Insurer Can't Execute $21M Death Settlement
A Berkley unit should be barred from executing a $21 million policy-limit settlement demand in a wrongful death suit, an energy company facing a separate suit told a Texas federal court, saying it will be left without coverage for a competing settlement demand if the insurer exhausts its policy limits.
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April 11, 2024
Pacific Pipeline To Pay Calif. Landowners $70M Over Oil Spill
A class of landowners urged a California federal judge to sign off on a $70 million deal with Pacific Pipeline Co. to resolve litigation stemming from the rupture of an onshore pipeline that leaked 140,000 gallons of crude oil near Santa Barbara, California, according to a motion for settlement approval entered Wednesday.
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April 11, 2024
DOI Lowers Fees For Solar, Wind Projects On Public Lands
The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.
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April 11, 2024
Odebrecht Exec Details Bribes To Ex-Ecuador Comptroller
The former director of Odebrecht SA's operations in Ecuador told jurors Thursday that he paid millions in bribes to "Miami" — a code name for Ecuador's former comptroller — related to various infrastructure projects the Brazilian conglomerate was building in the country.
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April 11, 2024
Ohio Judge Axes Norfolk's Derailment Cleanup Cost Defenses
An Ohio federal judge has struck several of Norfolk Southern Corp.'s defenses against the government's environmental cleanup cost suit arising from the train derailment in East Palestine but said it is too early to rule on the company's argument that the Comprehensive Environmental Response Compensation and Liability Act claims are preempted by federal rail statutes.
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April 11, 2024
Deals Rumor Mill: US Steel, Germany's Stada, Paramount
The DOJ opens a probe into Nippon’s proposed $14.9 billion takeover of US Steel, German drugmaker Stada explores a sale, and Paramount and Skydance are hashing out potential deal terms. Here, Law360 breaks down these and other notable deal rumors from the past week.
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April 11, 2024
Alaska Native Village Defends Donlin Gold Mine Approvals
Alaska's Native Village of Crooked Creek threw its support behind the federal government in litigation brought by half a dozen tribes challenging its approvals for a massive open-pit gold mine along the Kuskokwim River in southwest Alaska, saying the project will bring meaningful improvements to Crooked Creek.
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April 11, 2024
Vineyard Wind Project Thoroughly Vetted, Feds Tell 1st Circ.
The federal government on Thursday urged the First Circuit to uphold a Massachusetts federal judge's decision tossing a fishing group's challenge to the Vineyard Wind project, saying it was approved by the U.S. Department of the Interior after extensive analysis.
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April 11, 2024
Judge Recommends State Court For Ore. County Climate Suit
A federal magistrate judge has said an Oregon county's climate change lawsuit against Chevron, Exxon Mobil and other fossil fuel companies should be sent back to state court, rejecting arguments that the complaint was fraudulently crafted to evade federal jurisdiction.
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April 11, 2024
Colonial Oil Fined $2.8M For Violating Renewable Fuel Rules
Colonial Oil Industries Inc. will pay a $2.8 million fine to resolve allegations it dodged federal renewable fuel mandates by selling 100 million gallons of diesel to marine vessels without buying required offset credits, according to a proposed settlement filed in Georgia federal court.
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April 11, 2024
EPA Says Colo. Air Pollution Plan Approval Was Proper
The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.
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April 11, 2024
Judge Won't Rethink Ax Of Tribes 'Cultural Resource' Claims
A Washington federal judge has refused to rethink his dismissal of the Confederated Tribes of the Colville Reservation's claims for "tribal service losses" stemming from a smelter's Columbia River pollution, saying the tribes did not meet the standard required for reconsideration.
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April 11, 2024
US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute
The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed.
Expert Analysis
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
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.
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7 Enforcement Predictions For US Export Controls, Sanctions
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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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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New Texas Funds For Water And Power Projects: Key Points
Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Property Owner Considerations Around Electric Vehicle Bans
In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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IRA Monetization Energizes Clean Power Tax Credit Market
Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.