Energy : Law360 : Legal News & Analysis (2024)

Environmental Groups Seek To Defend EPA Methane Rule

Environmental groups on Tuesday told the D.C. Circuit they want to help the U.S. Environmental Protection Agency defend its new regulations for methane emissions at oil and gas facilities from Texas' legal challenge.

FERC Can't Change Power Auction Results, 3rd Circ. Rules

The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.

Tesla Investors Weigh In On $5B Fee Proposed For Class Attys

Tesla Inc. stockholders are sounding off to Delaware's chancellor after class attorneys sought a stock-based fee potentially worth more than $5 billion at current share prices following the Court of Chancery's reversal of Elon Musk's $55.8 billion stock-based pay plan on Jan. 30.

Wood Pellet Maker Enviva Hits Ch. 11 With Over $1B Debt

Enviva, the world's largest producer of industrial wood pellets, has filed for Chapter 11 protection in Virginia bankruptcy court with a plan to cut its debt load by $1 billion,months after it reported hundreds of millions in losses after a faulty bet on future prices of the energy source.

Committee Approves Bill Aimed At Blocking New Mining Rule

The House Committee on Natural Resources voted Tuesday to approve a bill aimed at blocking a proposed rule amendment by the Biden administration that wouldtightenthe permitting process for mining projects deemed critical by the federal government despite concerns from Democrats over impacts to the environment and Native American sacred sites.

Suncor Deal With Colo. Over Air Monitoring Gets Judge's OK

A Colorado state judge has approved a settlement agreement between Suncor and state air regulators over air quality monitoring around the oil and gas company's refinery near Denver.

Startup Founder's Attys Come 'Very Close' To More Sanctions

A Colorado federal judge has said a geothermal startup founder's arguments for why one of his attorneys should not be sanctioned for discovery violations were "preposterous" and warned his lawyers that they came "very close" to being penalized again.

Biden Unveils Zero-Emission Freight Truck Infrastructure Plan

The Biden administration unveiled Tuesday its strategy to provide ubiquitous and convenient access to electric-vehicle charging and hydrogen refueling along the nation's freight corridors, advancing the president's plan to decarbonize the freight sector.

Feds, Missouri Secure $6.7M To Repay Superfund Cleanup

Ameren Corp. electric utility and over three dozen other companies and cities will pay $6.7 million to environmental regulators for responding to toxic contamination at a Missouri electric transformer scrapyard, according to a proposed settlement filed Tuesday in federal court in the Show Me state.

SEC Says Ex-Tallgrass Director Tipped Pals To $3.5B Takeover

The U.S. Securities and Exchange Commission on Tuesday fined a former director of Tallgrass Energy LP accused of committing insider trading by tipping off friends about the then-upcoming $3.5 billion sale of the corporation to private equity giant Blackstone.

Sluggish Policy Could Chill Geothermal Boom, Advocates Say

Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.

$20M Coal Lease Judgment Should Stand, 10th Circ. Hears

A coal company on Monday urged the Tenth Circuit not to disturb a $20 million judgment it was awarded in a Wyoming lease dispute over the calculation of advance royalty payments, saying the lower court got it right.

DC Circ. Questions MPLX Alternatives In FERC Decision

D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.

Maui Wildfire Case Sent Back To Hawaii State Court

A Hawaii federal judge lobbed to state court a family's suit seeking to hold Maui County, energy utilities, telecommunication companies and others liable for property damage caused by a wildfire that left over 100 people dead, rejecting the defendants' argument this case should be removed and consolidated in federal court.

NTSB Slams Order To Allow Hands-On Train Parts Inspection

The National Transportation Safety Board objected to a federal magistrate judge's order compelling it to let a rail car leasing firm and a chemical company physically inspect parts of the Norfolk Southern train that derailed in East Palestine, Ohio, last year, arguing its own investigation could be harmed.

GOP's Crapo Wants Quick Resolution Of Tax Relief Package

The Senate Finance Committee's top Republican tax writer said Tuesday that he wants to quickly resolve sticking points in pending bipartisan tax legislation that contains key incentives for families and businesses in order to advance a bill that would boost U.S. manufacturing.

Clean Fuels Provider XCF To Go Public Via $1.84B SPAC Deal

Sustainable aviation fuel company XCF Global Capital Inc., advised by Stradley Ronon Stevens & Young LLP, announced on Tuesday that it will go public through a merger with Kirkland & Ellis LLP-advised special purpose acquisition company Focus Impact BH3 Acquisition Co. in a deal that will give the combined business a pro forma enterprise value of $1.84 billion.

Steptoe LLP has hired a Holland & Knight LLP partner, a former Holland & Knight practice group leader and a trio of Covington & Burling LLP attorneys to help boost its New York and Washington, D.C.-based practices focused on energy matters.

GE Aerospace Plans $650M Manufacturing Investment

GE Aerospace said Tuesday it plans to invest $650 million into its manufacturing facilities and supply chain this year to bolster support for its commercial and defense customers.

Gold King Mine Contractor Looks To Toss Final Navajo Claims

An environmental and infrastructure services firm is asking a New Mexico federal judge to dismiss the last three claims the Navajo Nation lodged against it for the Gold King Mine spill in southwest Colorado, which sent several million gallons of hazardous mine waste into area waterways.

Sheppard Mullin Richter & Hampton LLP has hired as a partner in its Chicago office an attorney who formerly worked for accounting firm KPMG and also spent 18 years at Latham & Watkins LLP.

Fired Lithium Co. Co-Founder Sues To Recoup 3.25M Shares

The former co-CEO and co-founder of a lithium fracking company sued the company in Delaware's Court of Chancery, seeking a court order that the company return 3.25 million shares of stock it allegedly repurchased from him after firing him in "bad faith."

4 Things To Know About SEC Climate Reporting Compliance

While the U.S. Securities and Exchange Commission scaled back its long-awaited climate disclosure rules last week, the requirements still pose plenty of compliance challenges, not least of which is figuring out how the new rules will mesh with similar— but not identical— regimes out of California and the European Union.

Canadian Co. Loses $4.4B Romanian Gold Mining Claim

Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.

Biden Proposes Big Budget Boost For EPA

The White House on Monday proposed a 20% budget increase for the U.S. Environmental Protection Agency, a boost that would mean more funding for climate change, water and environmental justice programs.