A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.
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TOP NEWS

22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

By Madeline Lyskawa

A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.

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FERC Cements 1-Year Window For State, Tribal Water Permits

By Keith Goldberg

The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

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Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

By Linda Chiem

The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

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Alaskan Youth Sue State Over $43B Natural Gas Project

By Juan-Carlos Rodriguez

A group of children is suing Alaska to stop a $43 billion liquefied natural gas project, alleging the endeavor violates their rights under the state constitution to a climate system capable of sustaining human life, liberty and dignity.

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Split Ohio High Court Says Jury Must Mull Drilling Rights Row

By Madeline Lyskawa

A split Ohio Supreme Court unraveled a trial court ruling in favor of oil and gas rights owner Tera LLC that acted as the basis of a $40 million damages award against Gulfport Energy, reasoning Thursday that there is a "genuine issue of material fact" over the meaning of certain terms in parties' lease agreement.

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Spain Says Energy Treaty Withdrawal Irrelevant In $386M Suit

By Joyce Hanson

Spain has told the D.C. Circuit that its announcement of withdrawal from the Energy Charter Treaty does not show it recognizes that it is still bound under the international agreement, contrary to what investors owed about $386 million argued earlier this week.

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OIL AND GAS

Senate Chairs Seek Info On Trump Meeting With Oil Cos.

By David van den Berg

The chairs of the Senate's tax and budget committees said Thursday that they were investigating a meeting with former President Donald Trump, oil and energy companies, a trade association where Trump reportedly sought $1 billion in exchange for policy favors.

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Enbridge Says Tribe's Trespass Law Could Cost It Millions

By Isaac Monterose

Enbridge Energy told the Seventh Circuit that a Wisconsin tribe's recently publicized trespass ordinance could cause the company to pay millions of dollars in civil penalties if the appeals court rules that its 645-mile crude oil pipeline is trespassing on the tribe's land.

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UTILITIES AND POWER

Ill. Justices OK $28M Tax Value Appeal Without Payment

By Sanjay Talwani

A power company's property in Illinois was not required to pay disputed property taxes before appealing a valuation, the Illinois Supreme Court affirmed Thursday, upholding a reduction in the assessment of about $28 million.

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Irma Power Outage Claims Must Be Brought To Fla. Regulator

By David Minsky

A Florida state appellate court reversed the class certification in a multibillion-dollar lawsuit brought against Florida Power & Light Co. over extended electricity outages during Hurricane Irma, citing a new law requiring ratepayers to bring their claims before the state's Public Service Commission.

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FirstEnergy Wants 6th Circ. To Shield Bribe-Probe Docs

By Jessica Corso

FirstEnergy Corp. is pursuing the Sixth Circuit's input into its request to shield internal investigative documents from a class of investors and from two of its indicted former executives, saying the documents contain privileged legal advice given in the wake of a $1 billion bribery scandal.

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EXPERT ANALYSIS

2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors

Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.

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Tips For Companies Tapping Into Commercial Cleantech

A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

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Opinion

NEPA Final Rule Unlikely To Speed Clean Energy Projects

A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

American Petroleum Institute Inc.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

Center for Biological Diversity Inc.

Chevron Corp.

ConocoPhillips Co.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

Duke Energy Corp.

EMCOR Group Inc.

Edison Electric Institute Inc.

Enbridge Energy Partners LP

Exxon Mobil Corp.

Ferrari SpA

FirstEnergy Corp.

Florida Power & Light Co.

Ford Motor Co.

Fordham University

Glencore PLC

Gulfport Energy Corp.

HSBC Holdings PLC

Hilcorp Energy Co.

Honeywell International Inc.

Icertis Inc.

Idaho Power Company

Integrys Energy Group Inc.

International Brotherhood of Boilermakers Iron Ship Builders Blacksmiths Forgers & Helpers

International Brotherhood of Electrical Workers

Jubilee Holdings Ltd.

LifeWallet

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mondelez International Inc.

NBCUniversal Media LLC

National Collegiate Athletic Association

National Mining Association

National Rural Electric Cooperative Association

NextEra Energy Inc.

Norfolk Southern Corp.

Our Children's Trust

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

PetroChina Company Limited

Petrobras

QBE Insurance Group Ltd.

Sierra Club

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Swissport International Ltd.

Tampa Electric Co.

Tesla Inc.

Texas Public Policy Foundation

The District of Columbia Bar

The New York Times Co.

Trafigura Group Pte. Ltd.

United Mine Workers of America

University of Virginia

Wells Fargo & Co.

LAW FIRMS IN TODAY'S NEWS

Acosta & Associates

Armas Bertran Pieri

Baker & Hostetler

Boies Schiller

Burnham & Gorokhov

Caldwell Carlson

Clement & Murphy

Clifford Chance

Clyde & Co

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Dickie McCamey

Duane Morris

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Gateley PLC

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Heise Suarez

Hill Dickinson

Holland & Knight

Hooper Hathaway

Horwich Farrelly

Howes Percival

Hughes Hubbard

Husch Blackwell

JMW Solicitors LLP

Jones Day

Kanji & Katzen

Kasowitz Benson

KaurMaxwell

Kirkland & Ellis

Latham & Watkins

Marino Tortorella

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Murray Murphy

Neal Gerber

Pallas Partners

Paul Hastings

Penningtons Manches

Poole Huffman

Potter Clarkson

Pryor Cashman

Reed Smith

Robbins Geller

Robbins Schwartz

Rosen Hagood

Saporito Falcone

Saul Ewing

Shutts & Bowen

Skadden Arps

Spencer Fane

Squire Patton

Steptoe & Johnson PLLC

Steptoe LLP

Sullivan & Cromwell

Tucker Ellis

Venable LLP

Vinson & Elkins

Welsh & Recker

Wilkin Chapman

Williams & Connolly

Winston & Strawn

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bad River Band of Lake Superior Chippewa Tribe

Companies House

Council on Environmental Quality

European Commission

European Union

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Federal Highway Administration

Florida Public Service Commission

Illinois Attorney General's Office

Illinois Supreme Court

National Labor Relations Board

Ohio House of Representatives

Ohio Supreme Court

Ontario Securities Commission

Texas Department of Transportation

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. Department of Transportation

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Southern District of Ohio