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Energy
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April 26, 2024
Support For 9th Circ. Rehearing In Oak Flat Dispute Mounting
At least 100 religious and nonprofit groups, law scholars, Native American coalitions and tribes are urging the Ninth Circuit to consider a full panel en banc hearing on a challenge to block a copper mining company from destroying a sacred Indigenous religious site in central Arizona.
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April 26, 2024
Suncor Judge Frets Permit Deadlines Are Near 'Impossible'
A Colorado state judge told state water regulators on Friday he is concerned they are putting Suncor Energy in a "very difficult position" with new oil refinery water permit rules, which take effect as early as May 1 even though the company says they could take years to comply with.
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April 26, 2024
5th Circ. Upholds Pecan Farm's Flood Win Against Sand Mine
A Fifth Circuit panel has upheld a more than $659,000 jury verdict against the owner of a sand and gravel mine after a "120-year flood" event severely damaged an Austin pecan farm, holding the evidence showed the company's large freshwater pit was responsible for the damage.
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April 26, 2024
NJ Solar Co. To Settle Claims It Ignored Do Not Call List
Apollo Energy Co. and the Pennsylvania man who accused it of repeatedly calling consumers who had put their phone numbers on the national Do Not Call registry or who had already asked not to call them again have agreed to settle their dispute, the parties said.
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April 26, 2024
Co. Says Policy Fight On $45B DOE Deal Isn't For Claims Court
A joint venture awarded a $45 billion nuclear waste management contract is urging the Court of Federal Claims to reject a rival's allegation that a U.S. Department of Energy policy change enabling the contract award was improper, saying the claims court lacked jurisdiction.
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April 26, 2024
Pacific Territories Temporarily Freed From 'Buy America' Rules
The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.
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April 26, 2024
TETRA Tech Shareholder Sues In Del. To Stop Poison Pill
A TETRA Technologies Inc. investor has filed a proposed class action in Delaware's Court of Chancery accusing the company of adopting a poison pill as a prohibited anti-takeover weapon rather than an allowable shield for $411 million in tax-advantaged net operating losses.
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April 26, 2024
Locke Lord Strikes $12M Deal To End Claims Over Gas Fraud
Locke Lord LLP will likely pony up $12.5 million to settle claims it stood by as its clients carried out a fraudulent $122 million oil and gas scheme, with a Texas federal magistrate judge recommending approval of the settlement at a hearing in Fort Worth.
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April 26, 2024
Rep. Stefanik Calls For DOD To Kick Off Critical Mineral Policy
Rep. Elise Stefanik, R-N.Y., is urging the U.S. Department of Defense to speed up the implementation of a new policy to boost domestic processing of rare-earth elements, which are critical for military equipment, saying this will make the United States less reliant on China.
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April 26, 2024
Ex-BP Commodities Trader Says Co. Reneged On Bonus
A former BP commodities trader accused the company in Texas federal court of shorting him to the tune of $6 million when it abruptly fired him in January 2022 and paid him a smaller bonus than the $11 million he expected to receive.
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April 26, 2024
Pa. Regulators To Probe FirstEnergy's $503M Rate Hike Bid
The Pennsylvania Public Utility Commission is opening an investigation into a FirstEnergy unit's proposed annual rate increase that would boost its revenue by over $503 million and raise consumer power bills in four districts by between 9.2% and 11.8%, according to a new order from the regulator.
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April 26, 2024
Wachtell Guides Apollo On $1.85B Deal For Minerals Co.
Wachtell Lipton Rosen & Katz-led Apollo Global Management has agreed to purchase Morrison Foerster LLP-advised U.S. Silica Holdings Inc. at a $1.85 billion enterprise value, the producer of commercial silica disclosed Friday, sending its stock soaring more than 20%.
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April 25, 2024
Tesla Says Investors May Want To Influence Shareholder Vote
Tesla on Thursday questioned the motives of investors who want billions of dollars in company stock put into a trust, saying that their push to hasten the court's decision in their suit over Elon Musk's compensation plan raises concerns that they want to "elicit commentary" ahead of a shareholder meeting.
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April 25, 2024
Ariz. Tribes, Groups Seek Stay In SunZia Power Line Ruling
Native American tribes and environmentalists are asking an Arizona federal district court for an emergency injunction that would stay a ruling that rejected their bid to block work on SunZia's $10 billion transmission line while they appeal the decision, arguing that construction is already going ahead in culturally sensitive locations.
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April 25, 2024
5th Circ. Axes Class Claims Over Anadarko's $900M Write-Off
The Fifth Circuit on Thursday decertified a class of Anadarko Petroleum Corp. shareholders who claim they lost money on the company's bad oilfield bet, ruling a lower court judge didn't allow the company to respond to an expert report that tied a stock price drop to a $900 million write-off disclosure.
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April 25, 2024
McDermott Judge U-Turns, Says Some Investors Deserve Cert.
A Texas federal magistrate judge reversed his recommendation that investors be denied class certification in litigation over McDermott International's $6 billion merger with Chicago Bridge & Iron, saying a former CB&I shareholder class "should be certified now" and a putative McDermott stock purchaser class be created for subsequent consideration.
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April 25, 2024
Gov't To Use Tribal Energy Purchase Preference For First Time
The Biden administration announced Thursday that it intends to purchase thousands of megawatts of carbon-pollution-free electricity certificates from tribal sources, marking the first time the government will use a nearly two-decade-old procurement preference for tribally sourced energy.
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April 25, 2024
Biden Admin's Gas Venting Curbs Are Illegal, ND Says
A North Dakota-led alliance of states has accused the Biden administration of pushing through limits on greenhouse gas emissions from the oil and gas sector illegally disguised as a rule to reduce industry waste, according to a lawsuit filed in federal court.
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April 25, 2024
PHX Minerals Stockholders Sue In Del. To Change Bylaws
A proposed class of PHX Minerals Inc. stockholders has sued the natural gas and oil mineral company and its board in Delaware state court, arguing that the company's bylaws must be changed to bring them into compliance with the Delaware General Corporation Law.
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April 25, 2024
Colo. Regulators Say Past Suncor Spills Forced New Permit
Colorado water quality regulators on Thursday urged a state judge not to pause the effects of a renewed water discharge permit that Suncor Energy is challenging as arbitrary and unduly expensive, arguing the new requirements in the updated permit are the company's own fault.
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April 25, 2024
FERC Says National Grid Held Up To Winter Weather
The Federal Energy Regulatory Commission revealed during its monthly meeting Thursday that the nation's electric grid and natural gas systems largely operated without any major incidents when severe winter weather swept across the country in January, marking a stark improvement from previous winter storms.
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April 25, 2024
1st Circ. Tosses Second Vineyard Wind Challenge
The First Circuit on Thursday rejected a legal challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, the second such ruling in as many days.
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April 25, 2024
Tribes, Enviros Want A Say In Grand Canyon Monument Suits
Three Native American tribes and a slew of conservation groups are asking an Arizona federal district court to intervene in separate lawsuits, seeking to protect an Indigenous sacred site in the Grand Canyon region from losing its National Monument designation.
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April 25, 2024
Antitrust Enforcers Warn FERC About Ownership Overlaps
The Federal Trade Commission and the U.S. Department of Justice warned energy regulators Thursday about competitive risks that can arise from investment firms that own stakes in multiple electric utilities, even if they don't have controlling interests.
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April 25, 2024
Former Fuel Co. GC, CEO Must Pay $750K In SEC Fraud Suit
The former general counsel and CEO of an Arizona fuel company accused of conspiring to defraud investors out of $30 million have reached consent orders with the U.S. Securities and Exchange Commission and agreed to pay nearly $750,000 in fines, disgorgement and restitution.
Expert Analysis
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Illinois EV Charging Act Sparks Developer Concerns
A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Opinion
Streamlined Mine Regulation Is Key For The Energy Transition
Mining is essential for obtaining the critical minerals required for a transition to greener energy and transportation technologies, but inefficient permitting processes are making it harder to mine these essential materials that will enable a more environmentally sound future, says Scot Anderson at Womble Bond.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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How IRA Unlocks Green Energy Investments For Tribes
An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.
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Tipsters May Be Key To Financial Regulators' ESG Efforts
The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission are looking to whistleblowers to assist their climate and ESG task forces, suggesting insider information could be central to the agencies' enforcement efforts against corporate greenwashing, false investment claims and climate disclosure violations, says John Crutchlow at Youman & Caputo.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.