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Energy
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May 02, 2024
Haaland Faces Senate Heat Over Interior Dept.'s Land Policies
U.S. Secretary of Interior Deb Haaland on Tuesday defended her agency's commitment to fostering energy development on public lands as U.S. senators criticized her agency over issues ranging from new rules to the pace of energy leasing and project permitting.
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May 02, 2024
Chancery Ruling Plays Role In Tesla's S&P Governance Grade
Business rating agency Standard & Poor's has revised downward to "moderately negative" electric vehicle company Tesla Inc.'s grade for management and governance, pointing in part to CEO Elon Musk's dominant role, and the company's "uncommonly high" risk from lawsuits, including the Delaware Chancery Court's recent scuttling of his $56 billion pay plan.
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May 02, 2024
Green Groups Want FEMA To Define 'Resiliency'
Environmental advocacy and consumer groups sued the Federal Emergency Management Agency in D.C. federal court Thursday, alleging the agency is way past its deadline to initiate rulemaking to define "resilient."
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May 02, 2024
New EU, Japan Initiative Looks To Boost Global Supply Chains
Japan and the European Union on Thursday announced a new initiative aimed at alleviating the economic dependence countries may have on others for certain goods by boosting global supply chains through transparency and coordination with like-minded countries.
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May 02, 2024
Split Conn. Supreme Court Says No To 'Ratio' Utility Bills
In a rare 4-3 opinion, the Connecticut Supreme Court on Thursday ruled that a corporate landlord cannot use a ratio utility billing system to divide monthly costs among units not equipped with precise individual meters, stressing a legislative policy of protecting tenants from fluctuating fees beyond their immediate control.
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May 02, 2024
Trade Court OKs Raising Duties On Thai Propane Canisters
The U.S. Court of International Trade upheld a price adjustment that increased anti-dumping duties on Thai propane canisters, ruling Thursday that the U.S. Department of Commerce reasonably adjusted the company's sales expenses to adjust a pricing distortion.
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May 02, 2024
DLA Piper Investment Funds Leader Joins Willkie In Chicago
Willkie Farr & Gallagher LLP has announced that the former co-head of DLA Piper's investment funds practice joined the firm's asset management group as a partner in its Chicago office.
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May 02, 2024
Split 10th Circ. Spikes $17.3M Atty Fee Over Class Notice
A split Tenth Circuit panel has vacated for a second time a $17.3 million attorney fee award for reaching a $52 million class action settlement over gas well royalty payments, with the majority writing that the lower court erred by not requiring a new class notice regarding the revised fee bid.
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May 02, 2024
4th Circ. Finds Judge Appointment Legit In Black Lung Case
The Fourth Circuit ruled that an administrative law judge who presided over a black lung benefits case was properly reappointed by the U.S. Department of Labor, rejecting Dominion Coal Corp.'s contention that his seating violated the Constitution's appointments clause.
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May 02, 2024
Lloyd's Unit Gets Oil Well Repair Co.'s $4.5M Claim Tossed
A Texas federal court tossed an oil well repair company's claim seeking over $4.5 million in additional insured coverage for costs incurred from controlling a blown-out well, finding that the company doesn't have standing to bring an independent claim against the well owner's carrier.
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May 02, 2024
Dentons Hires Disputes Partner With Green Expertise
Dentons has hired an environmental litigation guru, who spent over a decade at Freshfields Bruckhaus Deringer LLP, to take up a partner position in its disputes team.
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May 02, 2024
Husch Blackwell Gains Energy Ace From Locke Lord In Austin
Husch Blackwell LLP has strengthened its energy practice with a partner in Austin who has expertise in regulatory matters and who came aboard from Locke Lord LLP.
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May 02, 2024
FTC Clears $60B Exxon Deal With Pioneer Executive Ban
The Federal Trade Commission on Thursday cleared the way for the close of the $60 billion mega-merger between Exxon Mobil Corp. and Pioneer Natural Resources, subject to an agreement barring former Pioneer Natural Resources CEO Scott Sheffield from gaining a seat on Exxon's board.
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May 01, 2024
Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains
Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.
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May 01, 2024
Colonial Pipeline Says Contractor Bungled $22M Ga. Project
A contractor hired to build a $22.4 million fuel terminal for Colonial Pipeline Co. in Georgia owes the company at least $600,000 because of missed deadlines, shoddy workmanship and failing to pay its subcontractors, a new suit alleges.
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May 01, 2024
9th Circ. Slams Door On Kids' Climate Case
The Ninth Circuit ordered an Oregon federal judge Wednesday to immediately dismiss a closely watched suit by young adults against the federal government over the effects of climate change, saying its earlier order to end the matter could not be brushed off.
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May 01, 2024
Crescent Petroleum Wins OK Of $2.75B Award
Iran's state-owned oil company cannot escape having to pay an arbitral award now worth more than $2.75 billion owed to Crescent Petroleum after spending some two years ignoring the Emirati oil company's enforcement lawsuit in Washington, D.C., a federal judge ruled on Tuesday.
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May 01, 2024
Oil Drilling Workers Urge High Court Not To Review PPE Suit
The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.
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May 01, 2024
Fracking Waste Still Festering Near Ohio River, AG Says
Ohio Attorney General Dave Yost urged a Belmont County judge Wednesday to find Austin Master Services in contempt for failing to adhere to the court's preliminary injunction requiring the company to clean up fracking waste stored at its recycling facility by April 17.
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May 01, 2024
Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row
The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.
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May 01, 2024
DC Circ. Torn Over FERC's San Francisco Power Order
D.C. Circuit judges were undecided as to what Congress intended when it grandfathered certain consumers into a power-carrying agreement between San Francisco and Pacific Gas and Electric Co. in 1992, with the company arguing Wednesday that a recent regulatory order would allow far more consumers into the deal than it was meant for.
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May 01, 2024
DLA Piper Adds Ex-Sidley Atty To New Funds Team
DLA Piper on Tuesday announced another addition to its newly formed stand-alone investment funds group, this time a former Sidley Austin LLP partner focused on advising private funds sponsors.
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May 01, 2024
Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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May 01, 2024
Ex-Edison Energy GC, McDermott Atty Joins Troutman In LA
Troutman Pepper Hamilton Sanders LLP is expanding its West Coast infrastructure team, announcing Tuesday it is bringing in a McDermott Will & Emery LLP emerging energy technologies expert who was previously general counsel with Edison Energy Group to be a partner in its Los Angeles office.
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May 01, 2024
PG&E, KKR In Exclusive Talks For Partial Sale Of Power Biz
Pacific Gas & Electric Corp. is in exclusive talks with private equity giant KKR to sell a minority interest in its subsidiary, Pacific Generation LLC, to KKR's infrastructure strategy in a deal that would reduce customer rates by more than $100 million over the next two decades.
Expert Analysis
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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In Energy Disputes, Good Arbitration Clauses Are Key
Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Wave Of Final Rules Reflects Race Against CRA Deadline
The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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EPA Chemical Safety Rule Raises Questions About Authority
Stakeholders should consider the practical and economic costs of the U.S. Environmental Protection Agency's recently finalized rule imposing novel board reporting regulations for certain chemical plants and refineries, which signals that the agency may seek a role in regulating corporate governance, say attorneys at Sidley.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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DOE Funding And Cargo Preference Compliance: Key Points
Under the Bipartisan Infrastructure Law, the U.S. Department of Energy will disburse more than $62 billion in financing for innovative energy projects — and recipients must understand their legal obligations related to cargo preference, so they can develop compliance strategies as close to project inception as possible, say attorneys at White & Case.