Energy

  • December 05, 2023

    ​​​​​​​Chevron-Backed Renewable Oil JV Secures $16M DIP Loan

    Novvi LLC, a renewable oil joint venture that's majority-owned by a Chevron subsidiary, can use $16 million in debtor-in-possession funding, a Texas bankruptcy judge ruled Tuesday, overriding objections from an investor that said the agreement will water down its ownership stake.

  • December 05, 2023

    Solar Tech Lender Gets OK For Quick Ch. 11 Exit

    A Delaware bankruptcy judge Tuesday said she will approve Sunlight Financial Holding's prepackaged Chapter 11 sale plan just over a month after the solar power financing company filed for bankruptcy.

  • December 05, 2023

    Roberts Declines To Freeze Virginia Pipeline Construction

    U.S. Supreme Court Chief Justice John Roberts declined Tuesday to pause construction of the controversial Mountain Valley Pipeline, allowing work to continue on the natural gas pipeline while Virginia landowners challenge the constitutionality of land seizures related to the project.

  • December 05, 2023

    Deal Reached To End Sunoco Butane IP Row Amid Appeal

    The Federal Circuit on Tuesday dismissed U.S. Venture's appeal of an award of $6 million in enhanced damages to Sunoco in a suit over butane patents, after the parties jointly agreed to dismissal.

  • December 05, 2023

    Chicagoans Seek OK Of $12.25M Deal Over Toxic Demolition

    A group of Chicago residents asked an Illinois federal judge Monday for her initial blessing of their $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • December 05, 2023

    Feds Say Bosnian Man Helped Russian Flee Sanctions Case

    Federal prosecutors in Brooklyn, New York, on Tuesday announced the arrest of a Bosnian man who they said assisted a Russian trader in escaping house arrest in Italy after he was accused of procuring weapons parts and oil in furtherance of Russia's war in Ukraine.

  • December 05, 2023

    Export-Import Bank Slammed As Major Fossil Fuel Financier

    Environmental group Friends of the Earth U.S. slapped the U.S. Export-Import Bank with an international complaint Tuesday alleging the agency has poured billions of dollars into fossil fuel projects, despite the Biden administration's commitment to end such international public financing.

  • December 05, 2023

    Insurer Urges 2nd Circ. To Uphold No Defense Ruling

    An insurer urged the Second Circuit to affirm a ruling which found that it has no duty to defend Paraco Gas Corp. and its executives in a family shareholder dispute, saying a New York federal judge correctly found that a contract exclusion provision in the policy bars coverage.

  • December 05, 2023

    Exxon Rips Estate's 'Wolf's Clothing' In Benzene Case

    Exxon Mobil Corp. is urging a Connecticut state court to stand by a jury verdict in its favor against claims that it used excessive amounts of carcinogenic benzene in its products, arguing that the mechanic's estate challenging the verdict put on "wolf's clothing for a garden variety dispute" over expert testimony.

  • December 05, 2023

    Full DC Circ. Won't Rethink Axed Utah Oil Rail Project

    The full D.C. Circuit declined to review a panel's mid-August decision throwing out federal approvals for a railway project aimed at transporting crude oil from Utah, rejecting a railroad company's plea that the panel's decision deviated from precedent.

  • December 05, 2023

    Atty Says Fake News Sanctions Deserve Due Process Hearing

    An attorney who was hit with nearly $270,000 in sanctions after he was found to have manufactured fake news articles in a bid to influence an arbitration between Chevron and Saudi oil heirs told a federal judge this week he should have received a due process hearing before being slapped with the penalties.

  • December 05, 2023

    Illinois Firm Wants Jury Trial On All Counts Over Missing $3M

    An Illinois law firm that earlier this year was found liable for the loss of a client's $3 million placed in an escrow account under the firm's control has urged a federal judge to uphold its right to a jury trial.

  • December 05, 2023

    FTC Seeks More Info On $60B Pioneer, Exxon Deal

    The U.S. Federal Trade Commission has issued second requests for more information from both Pioneer Natural Resources and Exxon Mobil Corp. regarding their planned $59.5 billion merger, Pioneer revealed in a securities filing Tuesday. 

  • December 05, 2023

    ECJ Tosses Finding That Luxembourg Gave Engie Illegal Aid

    The European Union's highest court annulled on Tuesday a 2018 decision by the European Commission finding that Luxembourg gave illegal state aid to French energy company Engie via tax rulings.

  • December 04, 2023

    Justices Weigh Limits Of Possible Ruling Against SEC Courts

    While the U.S. Supreme Court recently expressed a willingness to declare the U.S. Securities and Exchange Commission's in-house court system unconstitutional, experts say some justices have shown a desire to keep their ruling from spilling over into the enforcement activities of federal agencies doling out Social Security benefits or punishing alleged tax cheats.

  • December 04, 2023

    Energy Investment Co. Sues Del. Investor Protection Agency

    An energy investment company has sued the Investors Protection Unit of the Delaware Department of Justice, arguing that an enforcement action the department launched against it violates its constitutional due process rights, including the right to a jury trial.

  • December 04, 2023

    ​​​​​​​FTC Sues 7-Eleven, Alleging Violation of 2018 Consent Order

    The Federal Trade Commission is suing 7-Eleven for buying a Florida fuel outlet without giving prior notice, alleging the purchase violated a 2018 consent order.

  • December 04, 2023

    CFTC Offers Advice For Tackling Carbon Credit Fraud

    The U.S. Commodity Futures Trading Commission on Monday put forth proposed guidance for tackling fraud and manipulation in the voluntary carbon credit marketplace, outlining the measures it thinks that derivatives exchanges should take to ensure transparency and integrity in the evolving space.

  • December 04, 2023

    FirstEnergy Lands Stay In Investor Suit Over Bribery Scandal

    An Ohio federal judge and a magistrate judge have asked a special master to issue a report and recommendation on a bid by FirstEnergy Corp. to stay all discovery in an investor suit over the company's involvement in a massive bribery scheme to bail out two failing nuclear energy plants, while the utility company appeals class certification.

  • December 04, 2023

    DOD Urged To Explain Reports Russian Oil Seeping Into US

    Sens. Maggie Hassan, D-N.H., and Marco Rubio, R-Fla., have urged the Pentagon to explain its efforts to ensure the U.S. isn't using sanctioned Russian oil amid reports the U.S. unknowingly purchased oil from a Greek refinery holding the sanctioned fuel.

  • December 04, 2023

    EPA's Ozone Plan Analysis Was Unfair, Texas Tells 5th Circ.

    Three states on Monday defended their plans for complying with ozone emission regulations meant to curb downwind ozone problems, telling the Fifth Circuit that the U.S. Environmental Protection Agency unfairly relied on data the states didn't have access to when it denied their proposals.

  • December 04, 2023

    Alon Tells 9th Circ. Sanctions Needed In Gas Price-Fixing Win

    An attorney for Alon USA Energy urged the Ninth Circuit on Monday to reverse a lower court's ruling that denied the company sanctions in two gasoline price-fixing suits it ultimately won on summary judgment, saying the evidence shows the plaintiffs knew for years the allegations against Alon were false.

  • December 04, 2023

    Feds Say 5th Circ. Must Pause NM Nuke Storage Site Fight

    The U.S. Nuclear Regulatory Commission has reiterated that the Fifth Circuit should pause a dispute over licensing for a temporary nuclear waste storage facility in New Mexico until the appeals court decides whether to reconsider a decision that the agency lacks the authority to license another temporary facility in Texas.

  • December 04, 2023

    Colo. Justices Uphold State's $25M Appellate Bond Cap

    Colorado Supreme Court justices on Monday rejected an oil and gas company's challenge to the state's $25 million cap on bonds to stay judgments pending appeal, concluding the statutory cap is constitutional and a water treatment company appealing a more than $280 million judgment doesn't have to post a bigger bond.

  • December 04, 2023

    Rivian Investors Seek Class Cert. In Suit Against EV Maker

    Investors of electric vehicle manufacturer Rivian Automotive Inc. have asked a California federal judge to certify their proposed class in a securities class action alleging Rivian underpriced its electric vehicles and misled investors ahead of a blockbuster 2021 initial public offering.

Expert Analysis

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • Superfund Site Reopenings Carry Insured Risk, Opportunity

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    The U.S. Environmental Protection Agency's reported plans to reopen certain Superfund sites citing the presence of per- and poly-fluoroalkyl substances raise notable liability concerns, but may also present unique opportunities for policyholders under the Comprehensive Environmental Response, Compensation, and Liability Act, say attorneys at Haynes and Boone.

  • Why NYC Building Owners Shouldn't Ignore Emissions Rule

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    New rules from the New York City Department of Buildings clarify the previously vague good faith efforts that building owners may make to mitigate penalties for not complying with a major carbon emission law that takes effect in January, and should discourage owners from simply paying the fines instead of decarbonizing, says William McCracken at Moritt Hock.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Expanding EPA's Universal Waste Rule For Renewable Energy

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    The U.S. Environmental Protection Agency plans to modify and expand the Resource Conservation and Recovery Act's universal waste rule to include lithium batteries and solar panels next year, which could intensify current standards in some cases, but weaken them in others, says Aaron Goldberg at Beveridge & Diamond.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

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