Analysis

Feds Gain Ground In Energy Permit Turf War With States

By Keith Goldberg

A federal judge's endorsement earlier this month of the Trump administration's restart of a pipeline over California's objections will likely embolden the federal government to override state opposition to energy project development, but the ruling won't be the last word on the legality of such moves.

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Calif. Challenges Trump Admin's Offshore Wind Lease Buyout

By Bonnie Eslinger

California Attorney General Rob Bonta filed a federal lawsuit on Friday against the Trump administration and Golden State Wind LLC, claiming the government unlawfully used a $120 million buyout of the company's offshore wind energy lease to end the renewable energy project and facilitate fossil fuel development.

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Industries, States Take Soot Rule Fight To Supreme Court

By Tom Lotshaw

A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

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Trump Admin Wants Oklahoma Smelter Suit Thrown Out

By Tom Lotshaw

The U.S. Department of Justice asked a federal judge to dismiss Oklahoma's challenge of a massive aluminum smelter project the Trump administration has backed with a $500 million grant, arguing that the case is premature and that the facility is vital to national security.

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Rising Star: Simpson Thacher's Javad Asghari

By Keith Goldberg

Simpson Thacher & Bartlett LLP's Javad Asghari helped guide EQT Infrastructure in its partnership with Blackrock's Global Infrastructure Partners to buy utility AES Corp. in a deal worth $33.4 billion, and Stonepeak's $5.7 billion investment in an $18 billion liquefied natural gas project, earning him a spot among the energy law practitioners under age 40 honored by Law360 as Rising Stars.

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DOJ Cites National Security In $173M Ukraine Award Suit

By Caroline Simson

The Trump administration Thursday backed Ukraine as it fights efforts by one of Russia's largest oil companies to unpause litigation aimed at enforcing a confirmed $173 million arbitral award, pointing to Russia's increasing reputation as a "surveillance state with severely eroded rule-of-law protections."

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ConocoPhillips Can't Dodge Climate Torts, Wash. Tribes Say

By Rachel Riley

Two Native American tribes urged a Washington state judge Friday to preserve their climate change tort claims against ConocoPhillips, contending there's a "clear connection" between the oil company's Washington ties, its alleged actions downplaying the dangers of burning fossil fuels and the tribes' purported injuries.

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Judge Upholds Robert Bosch Victory In Fuel Patent Trial

By Elliot Weld

A Texas federal judge has refused to grant a Canadian fuel system company a new trial in its patent infringement case against engineering firm Robert Bosch, saying the company had not met the high standard to overturn a jury verdict.

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Fintechs Back 24/7 Futures Trading As Energy Producers Balk

By Aislinn Keely

Commodity and energy producers cautioned the U.S. Commodity Futures Trading Commission against enabling round-the-clock trading and perpetual contracts on the energy industry, while many trading platforms told the agency that they believe they can mitigate the risks that come with extended trading hours.

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Mazda Driver Avoids Sanctions In Oil-Burning Defect Suit

By Carla Baranauckas

A North Carolina federal judge has refused to sanction a Mazda driver and his attorneys for their attempt to revive a proposed class action over an alleged oil‑burning defect, finding the effort unlikely to succeed but not improper.

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Brief

ITC Finds Pipes From 3 Countries May Harm US Industry

By Jack McLoone

Stainless line and pressure pipes from India, Turkey and the United Arab Emirates that are allegedly being sold at unfair prices appear to be harming domestic U.S. industry, the U.S. International Trade Commission preliminarily found Friday.

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NJ Law Requires Data Centers To Report Utility Usage

By Isaac Monterose

New Jersey Gov. Mikie Sherrill signed a bill into law Thursday that requires data centers in the state to provide the New Jersey Board of Public Utilities with semiannual water and energy usage reports.

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Brief

Energy Biz Names Ex-SFO Senior Official As GC

By Tom Fish

North American Blue Energy Partners has appointed a former senior legal official at the Serious Fraud Office as its general counsel as the oil and gas company prepares to expand operations, increase production and pursue new partnerships.

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Ex-Clifford Chance Attys Fight Bid To Toss Clawback Suit

By Ryan Boysen

The two partners facing a $6 million clawback demand by Clifford Chance LLP have again asked a federal judge to decide whether English or New York law should govern the arbitration, claiming the firm's partnership agreement is unclear.

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How Did Litigants Fare In Judge Albright's 55 Patent Trials?

By Dani Kass

U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

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New Report Rings Alarm On Threats To Judicial Independence

By Jack Karp

Verbal attacks on judges, disinformation about the courts and the defiance of court orders are undermining the independence of the federal judiciary and significantly affecting individual judges' ability to do their jobs, a report out Monday says.

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Roundup

Defamation Litigation Roundup: NYT, J&J, Azerbaijan

By Theresa Schliep

In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

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House Passes Bill To Curb Secret Prosecutor Orders

By Courtney Bublé

The House passed a bipartisan bill via voice vote Monday afternoon to add transparency to prosecutors' use of nondisclosure orders for telephone service providers.

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Brief

House Passes Bill Adding Texas, California Court Sites

By Courtney Bublé

The House voted 378-10 on Monday evening to expand access to federal courts in Texas and California, the two most populous states in the nation.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes over a $200 million federal grant, a $1.7 billion software take-private deal, the ouster of Better.com founder Vishal Garg and a proposed $4 million settlement stemming from an electric vehicle company's SPAC merger.

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Roundup

Hub Hires: MassBar, Kirkland, Troutman

By Chris Villani

Massachusetts' legal landscape saw a sizzling summer finish, with several major firms making hires. Kirkland added a veteran white collar defense attorney, Troutman bolstered its real estate team and Day Pitney nabbed an experienced corporate attorney.

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