Analysis

Energy Cash-Grant Case Casts Light On Investment Tax Credit

By Kat Lucero

The U.S. Court of Federal Claims' long-awaited decision on a California wind farm's valuation for a now-defunct cash grant program offers insight into an issue on which the IRS has issued little guidance: how to value clean energy projects financed by the investment tax credit.

Opinion attached | Read full article » | Save to favorites »

Exxon Climate Suit Fate May Hinge On Preemption Precedent

By Aaron Keller

A Connecticut state judge on Monday seemed inclined to wait for upcoming U.S. Supreme Court preemption guidance before ruling on the state's attempt to nix one of Exxon Mobil's defenses in an environmental marketing lawsuit, though both sides drew some skepticism during oral argument Monday.

5 documents attached | Read full article » | Save to favorites »

Judge Orders EPA To Determine Soot Compliant Regions

By Gautama Mehta

A California federal judge ordered the U.S. Environmental Protection Agency to designate areas of the country as either meeting, or not, national regulations for soot and other particulate matter by February, handing a win to 10 states and nonprofit groups that sued the agency for failing to do so.

Order attached | Read full article » | Save to favorites »

CIT Judge Changes IEEPA Test Case But Retains Schedule

By Jack McLoone

The U.S. Court of International Trade has selected a new underlying case as the one to test the federal government's updates on its system for refunding duties charged under President Donald Trump's struck-down global tariff regime, though it otherwise kept in place certain reporting and hearing deadlines.

2 documents attached | Read full article » | Save to favorites »

Trump Unveils 50% Canada Tariffs Over 'Trade Discrimination'

By Hailey Konnath

President Donald Trump Monday unveiled plans for 50% tariffs on a slew of Canadian products, including alcoholic beverages, dairy products and motor vehicles, pointing to "discriminatory treatment of U.S. commerce" and a provision of the Tariff Act that has seldom been used.

3 documents attached | Read full article » | Save to favorites »

Trump Looks To Spur US Aluminum Output With Tariff Break

By Jack McLoone

Companies that pledge to build, expand or refurbish aluminum smelters in the U.S. will be able to apply for a reduced tariff rate on certain amounts of aluminum, President Donald Trump announced Monday.

1 document attached | Read full article » | Save to favorites »

Chevron Wants $215M Award Against Ecuador Enforced

By Nadia Dreid

Chevron has brought its long-running dispute with the nation of Ecuador to D.C. federal court, asking a judge to force Ecuador to pay a $215 million arbitral award the gas giant won almost a year ago in a dispute over pollution in the Amazon.

Petition attached | Read full article » | Save to favorites »

Kirkland, Troutman Guide $4B Magnolia Oil, WildFire Deal

By Al Barbarino

Houston-based Magnolia Oil & Gas Corp. said Monday it has agreed to acquire WildFire Energy for approximately $4.06 billion, including debt, in a deal steered by Kirkland & Ellis LLP and Troutman Pepper Locke LLP, respectively.

Read full article » | Save to favorites »

Judge Questions Exxon Bid To Revive Claims In Records Suit

By Julie Manganis

A Massachusetts judge on Monday appeared unlikely to let Exxon Mobil revive equal protection claims in a public records lawsuit against state environmental regulators, saying counsel for the company was essentially asking him to second-guess a colleague who tossed the allegations in March.

Read full article » | Save to favorites »

Oilfield Services Co. Says OT Suit Must Be Arbitrated

By Benjamin Morse

An oilfield services company urged a Colorado federal judge to compel arbitration of a proposed class and collective action alleging unpaid overtime, arguing the former worker behind the suit agreed to arbitrate wage claims individually before providing services for the company.

Motion attached | Read full article » | Save to favorites »

DOJ Hints Russian Court Ruling May Not Stop $5B Award

By Caroline Simson

The Trump administration on Monday urged the D.C. Circuit to closely evaluate a Russian court's determination that an underlying arbitration agreement is invalid as it weighs whether to enforce a nearly $5 billion arbitral award against the Kremlin, saying circumstances surrounding the ruling should be a factor.

Brief attached | Read full article » | Save to favorites »

NC Energy Efficiency Aggregator Hits Ch. 11 After $1B Penalty

By Hilary Russ

North Carolina-based energy efficiency aggregator American Efficient LLC has filed for bankruptcy, listing between $1 billion and $10 billion of estimated liabilities on its petition, three months after being hit with a penalty of more than $1 billion by federal energy regulators.

Petition attached | Read full article » | Save to favorites »

NEPA Reforms Can Fix Permitting Without Weakening Review

Recent National Environmental Policy Act reforms, in tandem with a Senate bill proposing faster permitting reviews and greater agency coordination, mark a long overdue move toward more efficient energy and infrastructure permitting that does not sacrifice environmental assessment, say attorneys at GableGotwals.

Read full article » | Save to favorites »

Preparing For Next Congress With Eye On Investigation Risk

Rod Rosenstein, Brian Whisler and Bruce Linskens at Baker McKenzie offer advice for organizations seeking to build a proactive response plan to potential congressional oversight as the election looms.

Read full article » | Save to favorites »

How Competitive Is Your Pay? Last Call To Take Our Survey

Is your compensation keeping pace with the rate of inflation? Do you know what your colleagues made last year? Help Law360 Pulse answer these questions and more in this year's Law Firm Compensation Survey.

Read full article » | Save to favorites »

Simpson Thacher Caused 'Chaos' With Deal, Jury Hears

By Cara Salvatore

The former chief financial officer of Patriot National Inc. testified to a Florida jury on Tuesday that "chaos" broke loose as funds that Simpson Thacher helped steward for the insurance services company hit public markets and executives found out that its terms differed from their understanding of them.

Read full article » | Save to favorites »

Dems Press Skadden On Trump Pro Bono Pact, Intel Deal Work

By Lauren Berg

A group of Democrats demanded Tuesday that Skadden Arps Slate Meagher & Flom LLP disclose details of its pro bono arrangement with the Trump administration in light of allegations the firm advised both Intel Corp. and the U.S. Department of Commerce when the administration received a 10% company stake.

Letter attached | Read full article » | Save to favorites »

Blanche Denies Conflict With Family's Firearms Company

By Courtney Bublé

Acting Attorney General Todd Blanche has close ties through his wife's family to a gun manufacturer that does federal contracting, but he told senators in questions following his confirmation hearing there is no conflict of interest, despite his service on a Justice Department task force aimed at rolling back gun control initiatives around the country.

1 document attached | Read full article » | Save to favorites »

Reagan-Appointed NC Federal Judge To Take Senior Status

By Courtney Bublé

U.S. District Judge Terrence William Boyle of the Eastern District of North Carolina plans to take senior status — a form of semi-retirement that gives federal judges a reduced caseload — at a date yet to be determined, according to a recent update from the federal judiciary.

Read full article » | Save to favorites »

Senate Confirms Trade Court Pick Despite Past GOP Posts

By Courtney Bublé

The U.S. Senate voted 50-48 Tuesday evening to confirm Kara Westercamp, associate counsel to the president, to the U.S. Court of International Trade, who said during her confirmation in March she regretted her past social media posts critical of Republicans, including Sens. Mitch McConnell, R-Ky., Susan Collins, R-Maine, and the late Lindsey Graham, R-S.C.

Read full article » | Save to favorites »

Bronx Public Defenders Set Strike Deadline

By Emily Sawicki

More than 300 unionized workers at legal aid organization The Bronx Defenders are set to walk out on July 27 if they cannot agree on a contract with the legal nonprofit's management, according to a Tuesday announcement.

Read full article » | Save to favorites »