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Energy
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May 23, 2025
House Budget Would Sap Emerging Energy Tax Credit Market
The House's sweeping tax and budget legislation would scrap a relatively new financing option that lets project development owners sell valuable green energy tax credits for cash, which would likely doom or severely hamper the burgeoning market for the credits.
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May 23, 2025
La. Sued For Blocking Community Air Monitoring Sensors
Louisiana is hindering its citizens' ability to monitor air pollution in their communities by threatening to dish out "crippling" fines to those who share data collected from certain affordable sensors, according to a lawsuit filed by environmental groups accusing the state of violating the First and 14th amendments.
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May 22, 2025
Critics Decry Budget Bill As Clean Energy 'Attempted Murder'
The budget reconciliation bill that House Republicans passed Thursday replaced an earlier plan to phase out renewable energy tax credits with a 60-day qualification period, leaving project developers struggling to meet a deadline experts say is unrealistic and effectively guts the benefit.
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May 22, 2025
EV Carmaker Lucid Gets Inflated Biz Suit Trimmed, Again
A California federal judge on Thursday again trimmed a proposed investor class action that alleges electric carmaker Lucid made misleading production forecasts, finding that the latest complaint still doesn't adequately allege the defendants knew some of the challenged statements were false when they were issued.
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May 22, 2025
Justices Unlikely To Take Up Spain Award Cases, Judge Says
After five years, a D.C. federal court on Thursday removed the stay on a Luxembourg-based renewable energy company's attempt to enforce a €53.3 million ($60 million) award against Spain, over the objections of the European sovereign.
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May 22, 2025
EPA Warns States, Tribes On Clean Water Act Authority
The U.S. Environmental Protection Agency on Thursday warned states and tribes that their authority under the Clean Water Act to veto certain water quality certifications shouldn't be used to "shut down projects" for concerns outside the law's scope.
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May 22, 2025
Hungarian Co. Fights Croatia Delay Bid In $236M Award Case
A Hungarian energy company has urged a D.C. federal court to nix Croatia's bid to stay a lawsuit aimed at enforcing a $236 million arbitral award against the country a month after it lost a motion to dismiss the suit.
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May 22, 2025
Motorola Eyes $4.5B Wireless Radio Deal, And Other Rumors
Motorola eyes a $4.5 billion purchase of a wireless radio maker, Providence Equity buys a live event company at a reported $1 billion value and Intel's sale of a networking unit could attract billions. Here, Law360 breaks down these and other notable deal-related rumors from the past week.
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May 22, 2025
Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts
A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
Manufacturer Seeks Over $19M In Beryllium Release Coverage
A medical device manufacturer accused a Zurich unit of breach of contract and bad faith in Massachusetts federal court, seeking at least $19 million in damages after it said storms caused an "unprecedented dispersal" of beryllium at one of its plants in the United Kingdom.
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May 22, 2025
Congress Kills Calif. EV Program Waiver, Other Climate Rules
Congress on Thursday sent President Donald Trump four resolutions undoing U.S. Environmental Protection Agency actions, including the Biden-era approval of California's effort to ban the sale of gas-powered vehicles in the state, drawing a promise of litigation from the state.
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May 22, 2025
Nuclear Power Co. Dodges Suit Over Contract Disclosures
Nuclear power company NuScale Power Corp. and its top brass have escaped, for now, a proposed investor class action alleging the company failed to disclose certain issues affecting two purportedly lucrative contracts it touted to shareholders, including one tied to crypto mining, with an Oregon federal judge finding the investors failed to plead any actionable misleading statements, among other things.
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May 22, 2025
Michigan Seeks 6th Circ. Rehearing In Enbridge Pipeline Row
Michigan Gov. Gretchen Whitmer has asked the full Sixth Circuit to find she is protected by sovereign immunity from an Enbridge Energy lawsuit to halt her efforts to shut down an oil and natural gas pipeline.
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May 22, 2025
5th Circ. Denies Challenge To La. Oversight Of Carbon Wells
A Fifth Circuit panel said several environmental groups failed to show any imminent injuries stemming from a U.S. Environmental Protection Agency decision to approve Louisiana's plan to oversee carbon sequestration wells, and dismissed their challenge for lack of standing.
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May 22, 2025
Trustee Alleges Developer Sold Gas Rights To Avoid Creditors
A bankrupt developer sold its oil and gas rights to an affiliated company for only $100 per parcel in order to keep them from becoming part of the bankruptcy estate, the estate's trustee has claimed in an adversary complaint.
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May 22, 2025
Simpson Thacher Lands White & Case Energy Pro In Houston
Simpson Thacher & Bartlett LLP has added an attorney in Houston who worked at White & Case LLP for more than a decade, to bolster its efforts to assist clients with project, energy and infrastructure financing and other banking matters.
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May 21, 2025
Ore. Fire Verdict Brings PacifiCorp Damages To $385M
An Oregon jury held Wednesday that PacifiCorp must pay roughly $50 million to 10 victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action against the Berkshire Hathaway-owned utility to $385 million as more bellwether trials are expected to play out throughout 2025.
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May 21, 2025
Zurich Gets Default Win In $4.6M Contractor Coverage Spat
Zurich American Insurance Co. doesn't owe coverage to two subcontractors accused of bungling work on a Georgia natural gas plant, a federal judge has ruled, granting the insurer a default win in its suit seeking to nullify a $4.6 million claim.
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May 21, 2025
SC Judge Restores Frozen Federal Grant Funding
A South Carolina federal judge ordered the Trump administration to restore 32 grants funded by the Inflation Reduction Act and the Infrastructure Investment and Jobs Act after the government said it wasn't contesting the merits of the grant recipients' claims.
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May 21, 2025
Courts Can't Review Trump's Tariff Emergencies, Gov't Says
Courts can't review President Donald Trump's decision that unusual or extraordinary threats exist under the International Emergency Economic Powers Act, a government attorney told the U.S. Court of International Trade on Wednesday as 12 states seek to block Trump's tariffs under the law.
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May 21, 2025
Offshore Wind Farm Foes Back Trump Permitting Pause
Opponents of a New Jersey offshore wind farm on Wednesday backed the Trump administration's freeze on wind project permitting, telling a Massachusetts federal judge the moratorium is both legal and constitutional.
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May 21, 2025
EPA Chief Defends Trump Plan To Halve Agency Budget
U.S. Environmental Protection Agency Administrator Lee Zeldin on Wednesday told senators that despite President Donald Trump's proposal to cut the EPA's budget by 55% and an internal reorganization, agency scientists can handle the current workload.
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May 21, 2025
Atty, Firm Sanctioned For Losing Info In RICO, Defamation Suits
An Alabama federal judge granted Drummond Co. Inc.'s request for sanctions over missing emails and other information in litigation accusing Conrad & Scherer LLP and one of its former managing partners of defamation and RICO violations.
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May 21, 2025
Energy Co. Beats Retiree's Suit Over Pension Calculations
A Florida federal judge tossed a retiree's suit claiming an energy company violated federal benefits law by failing to warn pension plan members that rising interest rates would reduce their lump sum payments, ruling the ex-worker is improperly asking the business to act as an advisor, not a fiduciary.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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Fund Names Rule FAQs Leave Some Interpretative Uncertainty
Although recently released FAQs clarify many specific points of the 2023 expansion to the Investment Company Act's fund names rule, important questions remain about how U.S. Securities and Exchange Commission staff will interpret other key terms when the end-of-year compliance date arrives, say attorneys at Dechert.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Opinion
US Steel-Nippon Merger Should Not Have Been Blocked
The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.