Energy

  • March 04, 2024

    Barretts' Mediation Docs Not Open To Pfizer, Judge Says

    A Texas bankruptcy judge declined Monday to open the mediation in Barretts Minerals Inc.'s bankruptcy case to former owner Pfizer Inc., saying that he didn't want mediation participants to worry about every conversation they have.

  • March 04, 2024

    5th Circ. Says $100M Royalties Row Belongs In Fed. Court

    The Fifth Circuit has vacated a Texas federal court's remand of a $100 million suit in which a proposed class of mostly Texas property owners is accusing Devon Energy Production Co. of underpaying oil and gas royalties, ruling that the Class Action Fairness Act's "local controversy" exception does not apply.

  • March 04, 2024

    Ohio Metal Parts Maker, Workers Seek OK Of Wage Settlement

    An Ohio-based metal parts manufacturer and a pair of workers who alleged they were stiffed for untaken breaks and time spent changing into safety gear told an Ohio federal court Monday that they had resolved their Fair Labor Standards Act dispute.

  • March 04, 2024

    Electric Co. Must Face Claim It Kept Coal Partner In The Dark

    Consumers Energy Co. still faces potential liability for excluding a minority owner from a decision to shut down its last remaining coal-fired power plant in 2025, a Michigan state judge ruled Friday, while also narrowing the company's dispute ahead of trial.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Union Calls For Sanctions Against NLRB In 7th Circ. Dispute

    The National Labor Relations Board should face sanctions for claiming an International Union of Operating Engineers affiliate hadn't challenged the lawfulness of a punch-in policy for strike replacements, the union contended to the Seventh Circuit, saying the local raised arguments on this point during the agency proceeding.

  • March 04, 2024

    Justices Won't Review Ex-Merrill Lynch Traders' Fraud Case

    The U.S. Supreme Court said Monday it will not take up an appeal from two former Merrill Lynch traders who were convicted in Chicago federal court of spoofing the precious metals market.

  • March 04, 2024

    Ohio Agency Puts Discovery On Hold In FirstEnergy Probes

    The Ohio utilities commission will hold off discovery for its just-unfrozen investigations arising from FirstEnergy Corp.'s notorious bribery scandal after the state attorney general's office warned that compelling testimony from anyone allegedly involved in the scheme could make them immune from criminal prosecution.

  • March 01, 2024

    McDermott Investors' Cert. Bid Should Be Denied, Judge Says

    Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    3rd Circ. Preview: Exxon Whistleblower Case Fuels March

    Headlining the list of Third Circuit arguments in March is a bid from a pair of ExxonMobil whistleblowers to have the courts recognize an Occupational Safety and Health Administration order reinstating their jobs after they were fired following a press report mirroring internal complaints they made about the company's alleged misjudgment of energy output in the Delaware River Basin. 

  • March 01, 2024

    Gatos Silver Investors Get Initial OK On $21M Settlement

    A district judge granted preliminary approval to a $21 million settlement between a class of investors and precious metals producer Gatos Silver Inc. over allegations the company's Mexican operation fell short of expectations.

  • March 01, 2024

    EV Maker Rivian Rips Investors' Class Cert. Bid In Fraud Suit

    Investors alleging Rivian Automotive Inc. underpriced its electric vehicles and misrepresented its profitability ahead of a blockbuster 2021 initial public offering cannot certify their class with zero evidence, weak fraud-on-the-market theories and troubling litigation tactics, Rivian argued in a California federal court filing Thursday.

  • March 01, 2024

    Pepsi, Kraft And GE Can't Block DEI, Enviro Proxy Proposals

    A division of the U.S. Securities and Exchange Commission has rejected bids from PepsiCo Inc., The Kraft Heinz Co. and General Electric Co. to exclude from their upcoming proxy statements proposals from a conservative think tank on diversity and environmental matters.

  • March 01, 2024

    Jury Awards Midwest Energy $57M On Refined Coal Patents

    A Delaware federal jury on Friday awarded Midwest Energy Emissions Corp. more than $57 million after finding that numerous affiliated companies willfully infringed its patents on technology for refining coal to reduce mercury in emissions from power plants.

  • March 01, 2024

    Wash. Tribe Asks Judge To Revisit 'Cultural Resources' Ruling

    A tribe is urging a Washington federal judge to reconsider a ruling that it can't pursue millions of dollars of "tribal service loss" claims stemming from Upper Columbia River pollution, saying its claims were misconstrued as "cultural resource damages" that can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • March 01, 2024

    DC Circ. Says EPA Went Too Far In Voiding State Air Plans

    The D.C. Circuit on Friday handed the U.S. Environmental Protection Agency a mixed bag regarding its authority to veto state air pollution plans, finding some state policies that exempt polluting facilities during startup, shutdown and malfunction phases are acceptable under the Clean Air Act, while others are not.

  • March 01, 2024

    Energy Dept. Halts Crypto Mining Survey To End Industry Suit

    The crypto industry group challenging a U.S. Department of Energy survey on crypto mining has reached an agreement that will see the government offices destroy any data they've already collected and circulate the survey for comment from stakeholders — a step the crypto players say the government improperly bypassed the first time around.

  • March 01, 2024

    Tort Report: $42M Med Mal Award; Hot Coffee Suit In The Air

    A suit over hot coffee spilled at 40,000 feet and the affirmation of a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • March 01, 2024

    9th Circ. Won't Stay Oregon Kids' Climate Case, For Now

    The Ninth Circuit has shot down the U.S. Department of Justice's attempt to pause an Oregon federal judge's decision to allow a lawsuit brought by youths alleging the government's energy policies imperil their future by exacerbating climate change. 

  • March 01, 2024

    Joint Venture Wins $45B DOE Nuclear Deal Again After Protest

    The U.S. Department of Energy has again awarded a $45 billion nuclear waste management contract to a BWXT, Fluor and Amentum joint venture, after a previous award to the company was vacated over its failure to follow a federal registration requirement.

  • March 01, 2024

    Ky. Sees $74M Boost For Abandoned Mine Cleanup Work

    The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.

  • March 01, 2024

    Enviro Group Loses Challenge To NJ Wind Farm Plan

    A New Jersey federal judge has tossed a challenge by a Garden State advocacy group and its founder to two offshore wind projects, including Orsted A/S' now-scrapped plan, ruling that the group failed to show how it is actually injured.

  • March 01, 2024

    Levi & Korsinsky Gets Nod To Lead Nikola Investor Action

    An Arizona magistrate judge has recommended Levi & Korsinsky LLP to lead an investor suit alleging hydrogen-electric vehicle manufacturer Nikola Corporation failed to disclose that its safety and structural controls were deficient for its battery manufacturing, which made its vehicles unsafe to operate.

  • March 01, 2024

    Oil Trader Gunvor To Pay $665M For Ecuadorian Bribe Scheme

    Gunvor Group on Friday admitted to conspiring to bribe officials of the Ecuadorian government in order to win business for the energy commodities giant and agreed to pay $665 million as part of criminal resolutions with the U.S. Department of Justice and Swiss authorities.

Expert Analysis

  • Webpages Must Meet Accessibility Standard To Be Prior Art

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    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • Strategies For Single-Member Special Litigation Committees

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    The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.

  • 10th Circ. Ruling Means More Okla. Oilfield Pollution Litigation

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    By applying Oklahoma's statutory definitions of pollution to a private landowner's claim for negligence for the first time, the Tenth Circuit's recent decision in Lazy S Ranch v. Valero will likely make it harder to obtain summary judgment in oilfield contamination cases, and will lead to more litigation, say attorneys at GableGotwals.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Proposed Hydrogen Tax Credit Regs May Be Legally Flawed

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    While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

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