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Energy

  • April 15, 2025

    Entergy Can't Fight FERC Market Rule Change, DC Circ. Says

    The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.

  • April 15, 2025

    Colorado Judge Tosses Counties' Suit Over $25M Tax Transfer

    A Colorado state judge has dismissed a lawsuit brought by seven counties challenging the transfer of $25 million from a state fund aimed at offsetting the impacts of extractive industries, finding in an order that the state Legislature had full authority to move the dollars.

  • April 15, 2025

    Natural Gas Biz Finalizes $400M Credit Facility

    Natural gas gathering and processing midstream company Vaquero Midstream on Tuesday announced that it closed on an expanded $400 million credit facility led by Bok Financial.

  • April 15, 2025

    Chancery Tosses 'Unripe' AES Advance Notice Bylaw Suit

    A Delaware vice chancellor tossed a suit against the global utility and power company AES Corp. and its top brass that challenged the company's advance notice bylaw, finding there is no "ripe" controversy or dispute for the court to review.

  • April 15, 2025

    Holland & Knight Picks Up Reed Smith Oil & Gas Pro In Texas

    Holland & Knight LLP announced Tuesday that it has hired a former Reed Smith LLP partner to bolster its corporate oil and gas practice and advise clients about liquefied natural gas and other transactions.

  • April 15, 2025

    Simpson Thacher Advises On $2.2B Cross-Border Power Deal

    Simpson Thacher is advising Canada's Capital Power Corp. on its planned $2.2 billion acquisition of two U.S. natural gas power plants, marking the energy firm's strategic entry into North America's so-called PJM market.

  • April 15, 2025

    DC Circ. Zaps FERC Fight Over Grain Belt Express Line

    A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.

  • April 15, 2025

    White & Case Rehires NY Energy Partner From Orrick

    A former Orrick Herrington & Sutcliffe LLP energy and infrastructure finance partner has rejoined White & Case LLP in New York, the firm said Tuesday.

  • April 14, 2025

    6th Circ. Upends Oil Co.'s Injunction Against Ohio Landowner

    The Sixth Circuit on Monday reversed a district court's preliminary injunction that gave EOG Resources Inc. access to the surface of an Ohio deer hunting site for drilling operations, saying the injunction didn't prevent injury to EOG but actually caused the owner of the property irreparable harm.

  • April 14, 2025

    SEC Clears Green Impact Exchange To Enter Market In 2026

    The U.S. Securities and Exchange Commission on Monday cleared a proposal by Green Impact Exchange to launch the first sustainability focused national securities exchange, scheduled to begin operating in 2026.

  • April 14, 2025

    Judge Says Barretts Needs Independence To Resolve Ch. 11

    A Texas bankruptcy judge on Monday said he would have to consider ways to increase Barretts Minerals Inc.'s perceived independence from its parent company if he agrees to allow the talc miner to stay in Chapter 11.

  • April 14, 2025

    9th Circ. Revives Suit Over Calif. Refinery's Pollution

    A Ninth Circuit panel revived part of a class action that neighbors of a Torrance, California, refinery brought against Exxon Mobil Corp. and Torrance Refining Co. over its pollution, holding that a lower court misconstrued the scope of a trespass claim.

  • April 14, 2025

    Fulcrum's Ch. 11 Plan Approved Following Asset Sales

    Waste-to-fuel recycler Fulcrum Bioenergy received approval Monday for its Chapter 11 plan of liquidation following a surprisingly successful sale process, debtor's counsel said.

  • April 14, 2025

    Feds Push To End Alaska Tribe's Gold Mine Permit Challenge

    The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.

  • April 14, 2025

    Trump Admin Moves To Weaken Migratory Bird Protections

    The top lawyer at the U.S. Department of the Interior says the federal government lacks the power to prosecute companies that inadvertently kill federally protected migratory birds, a legal position the department took during the first Trump administration but which was overturned by a federal court in 2020.

  • April 14, 2025

    Enviro Groups Sue Trump Admin Over Webpage Removals

    Environmental and science organizations, including the Sierra Club, filed suit on Monday in D.C. federal court over the Trump administration's removal of federal agency webpages that provided critical information concerning the environment, saying agencies removed the webpages without explanation, leaving the organizations unable to access sources they've long relied on.

  • April 14, 2025

    FTC Joins DOJ In Targeting Anticompetitive Regulations

    The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.

  • April 14, 2025

    Green Group Urges Update On Gulf Oil Well Risks

    The Center for Biological Diversity has urged a D.C. federal court to order government agencies to update their assessment of derelict offshore oil and gas facilities along the southern coast, saying the stalled decommissioning of aging infrastructure is creating a greater likelihood of an environmental disaster.

  • April 14, 2025

    Colorado Oil Co. Says Hefty Penalties Are Unlawful Taking

    An ailing oil and gas company asked a federal judge Friday to block Colorado orders requiring it to halt some operations and pay $8 million in penalties, arguing that they amount to an unconstitutional taking of its property without compensation.

  • April 14, 2025

    1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says

    A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.

  • April 14, 2025

    Four State Govs. Call On EPA To Increase Biofuel Targets

    Governors of Iowa, Missouri, Nebraska and South Dakota urged the U.S. Environmental Protection Agency to boost the amount of biofuel blended into fuel supplies as a way to help meet the Trump administration's domestic energy goals and strengthen investment in agriculture and rural communities.

  • April 11, 2025

    Feds Say Judge Should Limit Foreign Aid Freeze Injunction

    The Trump administration asked a D.C. federal judge on Friday to commit to dissolving part of a preliminary injunction requiring it to pay all grant recipients and contractors for foreign assistance work done prior to Feb. 13, in light of a recent U.S. Supreme Court ruling.

  • April 11, 2025

    FTC Starts Process That May Nix Chevron, Exxon Deal Limits

    The Federal Trade Commission took the first steps Friday toward potentially lifting bans on the CEOs of Hess and Pioneer Natural Resources serving on the boards of Chevron and Exxon, respectively, under agreements assailed by the FTC's Republican leadership who want to permit the Chevron-Hess and Exxon-Pioneer mergers without those restrictions.

  • April 11, 2025

    Insurers Allowed To End Chemical Explosion Coverage Suit

    Insurers were allowed Friday to dismiss their case in Texas federal court against Team Industrial Services Inc. seeking to disclaim coverage for underlying suits filed against the company in connection with injuries from a 2021 explosion at a chemical plant.

  • April 11, 2025

    Feds To Try Coal Exec For Bribery Despite FCPA Freeze

    Federal prosecutors in Pennsylvania said Friday that they plan to proceed with a case charging a coal executive with bribing foreign officials for business, after reviewing President Donald Trump's order that paused enforcement of the Foreign Corrupt Practices Act.

Expert Analysis

  • Hawaii Climate Insurance Case Is Good News For Energy Cos.

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    The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Implications Of NY Climate Case For Generating Facilities

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    Regardless of how Greenidge Generation LLC v. New York Department of Environmental Conservation develops on remand, this decision has immediate repercussions for generating facilities seeking permit applications and renewals in New York, likely involving Climate Leadership and Community Protection Act considerations, say attorneys at Hodgson Russ.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • How Litigation, Supply Chains Buffeted Offshore Wind In 2024

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    U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Permitting, Offtake Among Offshore Wind Challenges In 2024

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    Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • What Fed. Circ. Ruling Means For Patent Case Dismissals

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    ​​​​​​​The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • DC Circ. Decision Opens Door To NEPA Regulation Litigation

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    A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Opinion

    FTC Actions In Oil Cases Go Against Its Own Rulemaking

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    Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.

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