The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.
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TOP NEWS

DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost

By Nadia Dreid

The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.

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New BLM Plans Sunset Federal Coal Leasing In Wyo., Mont.

By Keith Goldberg

The U.S. Bureau of Land Management on Thursday unveiled court-ordered, revised resource management plans for coal-rich areas of Montana and Wyoming that end future coal leasing in the regions, a move blasted by congressional representatives of those states.

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Biden To Restore Tariffs On Bifacial Solar Panel Imports

By Rae Ann Varona

The Biden administration is lifting a tariff exemption that was granted in 2019 for bifacial solar modules, saying Wednesday that the move will help ensure that imports from China don't undercut U.S. solar manufacturing.

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Treasury Provides Extra Relief For Bonus Energy Tax Credits

By Kat Lucero

The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.

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V&E Guides Crescent Energy On $2.1B SilverBow Buy

By Al Barbarino

Vinson & Elkins LLP is guiding Crescent Energy Co. on a new agreement to purchase Gibson Dunn & Crutcher LLP-led SilverBow Resources Inc. in a transaction valued at $2.1 billion, the Houston-based energy companies said Thursday.

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OIL AND GAS

Oil & Gas Groups Challenge DOI Overhaul Of Leasing Regs

By Madeline Lyskawa

A coalition of oil and gas groups has slapped the U.S. Department of the Interior with a lawsuit in Wyoming federal court seeking to unravel the agency's final rule boosting bonding requirements, royalty rates and minimum bids for its onshore federal oil and gas leasing program.

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Alberta Oil Marketing Co. Says Biden Ruined Keystone Deal

By Joyce Hanson

A Canadian oil-marketing company has formally accused President Joe Biden of destroying an energy infrastructure project deal with the province of Alberta by reversing course on the Keystone XL pipeline when he stepped into office, saying he has caused the company more than $1 billion in damages.

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Fracking Services Co. Nitro Hits Ch. 11 After IP Trial Loss

By Rick Archer

Oil and gas fracking services provider Nitro Fluids LLC filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt, months after a jury found it had infringed another company's patents.

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BNSF Judge Vows To Avoid Extremes In Trespass Payout

By Greg Lamm

A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.

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Citgo Retirees Win Class Cert. In Mortality Table Data Suit

By Celeste Bott

An Illinois federal judge on Thursday conditionally granted class certification to Citgo retirees accusing the fuel company of shortchanging retirees by using outdated metrics to calculate early retirement payouts, but said the class definition must be narrowed further.

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Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping

By Spencer Brewer

ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.

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RENEWABLES

Clean Energy CEO Gets 6 Years For Forgeries Netting $1.1M

By Matthew Santoni

The CEO of a Pennsylvania clean energy company was sentenced to six years in federal prison for defrauding investors out of $1.1 million and falsifying documents to cover his tracks, federal prosecutors announced Thursday.

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MINING

Metal Co., Supplier Will Pay $14M To Settle NJ Pollution Suit

By Madeline Lyskawa

New Jersey Attorney General Matthew J. Platkin unveiled a $14 million settlement Thursday between the state's Department of Environmental Protection and the once-owners of a former metal etching facility and its supplier for their alleged role in contaminating groundwater with trichloroethylene in northern Bergen County.

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Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit

By Joyce Hanson

The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.

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PEOPLE

In-House Manufacturing Ace Rejoins K&L Gates In Pittsburgh

By Tracey Read

A top executive at metals manufacturer Arconic Corp. has rejoined K&L Gates LLP as a corporate mergers and acquisitions partner in Pittsburgh, the firm said Thursday.

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EXPERT ANALYSIS

NY's Vision For Grid Of The Future: Flexible, Open, Affordable

Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.

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Salvaging The Investor-State Arbitration System's Legitimacy

Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

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Exploring An Alternative Model Of Litigation Finance

A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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LEGAL INDUSTRY

Analysis

Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

By Katie Buehler

Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

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Solicitor General Says No 'Hopeless' Cases Before High Court

By Thy Vo

Solicitor General Elizabeth Prelogar told lawyers Saturday that despite the U.S. Supreme Court's conservative majority, she has never thought a case for the Biden Administration was "entirely hopeless" and that there's always room to shape the court's opinion.

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Analysis

How A $3K Pro Se Claim Led To A 9-0 High Court Decision

By Daniel Wilson

A milestone victory at the U.S. Supreme Court for $3,000 in wages started with a Pentagon worker’s principled commitment to his employer — a dedication that ironically led to a decadelong fight against his own bosses. Stuart R. Harrow and his attorneys speak to Law360 about how a seemingly low-stakes conflict turned into a high-profile case with reverberations for hundreds of federal employees.

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Calif.'s Top Judge Launches Task Force To Probe AI Uses

By Lauren Berg

California Supreme Court Chief Justice Patricia Guerrero has created a new task force to look into how generative artificial intelligence could benefit the court system and its users, while also evaluating its potential risks, the court announced Friday.

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Trump Hush Money Judge Warned For Biden Donation

By Frank G. Runyeon

The judge presiding over Donald Trump's criminal hush money trial was quietly cautioned after making a political campaign contribution to President Joe Biden and a Democratic group, disposing of an ethics investigation into the donation, it was confirmed Friday.

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Analysis

Trump's Potential Witness Could Be Defense 'Dynamite'

By Phillip Bantz

As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.

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Menendez Bribery Trial: 5 Things To Know About Week 1

By Carla Baranauckas

Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.

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Ga. Judge In 2020 Election Cases To Take Senior Status

By Courtney Bublé

U.S. District Judge Steve Jones of the Northern District of Georgia, who has presided over high-profile cases involving the 2020 election, voting rights and abortion, will take senior status on Jan. 1, 2025, according to an update Friday.

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AG Garland Held In Contempt By House Committees

By Courtney Bublé

Two House committees voted late Thursday to hold Attorney General Merrick Garland in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into President Joe Biden's handling of classified documents.

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Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi

By Courtney Bublé

Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.

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Man Admits To Threatening Judge Over 'Don't Say Gay' Ruling

By Christine DeRosa

A retired teacher from Pensacola, Florida, has pled guilty to threatening to harm a federal judge in five voicemails he left after the jurist ruled against a challenge to Florida's "Don't Say Gay" law, federal prosecutors announced.

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Jenner & Block Sued For Firing Worker Over Vax Refusal

By Henrik Nilsson

A former Jenner & Block LLP employee filed a discrimination suit against the law firm Friday, claiming she was fired after the firm refused to provide a religious exemption from its COVID-19 vaccine mandate despite her belief that taking the vaccine would make her complicit in abortion.

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Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh

By Emily Sawicki

Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."

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'We Feel It': NJ Ranks 2nd In Ch. 11 Cases, Chief Judge Says

By George Woolston

New Jersey federal courts saw the second most Chapter 11 bankruptcy filings in the nation over the last year, Chief U.S. District Judge Renée Marie Bumb of the District of New Jersey said on Friday.

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NJ Courts Chief Warns Plan To Pick Appeals Bench A 'Mistake'

By George Woolston

Chief Justice Stuart Rabner of the New Jersey Supreme Court on Friday defended how the state judiciary assigns appeals court judges, criticizing a proposal to move the power to appoint appellate judges from the chief justice to the state Senate and the governor's office.

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1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

By Elliot Weld

The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

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Law360's Legal Lions Of The Week

By Kevin Penton

Haynes and Boone LLP and Lubin & Enoch PC lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court unanimously determined that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The SEC adopted cybersecurity rules to require investment advisers and broker-dealers to put procedures in place for detecting data breaches and for notifying customers when their personal information may have been compromised, and lawyers said SPACs won't get sought-after relief from a new 1% tax on stock buybacks under a recent Treasury Department proposal. These are among the stories in corporate legal news you may have missed in the past week.

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

By Laura Stewart Liberty

This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. 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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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

COMPANIES IN TODAY'S NEWS

Allianz SE

American Bankers Association

American Bar Association

American Civil Liberties Union of New Jersey

Apple Inc.

Arconic Corp.

Atlantic Global Insurance Services

BHP Group PLC

BNSF Railway Co.

BP PLC

Beam Suntory Inc.

Bed Bath & Beyond Inc.

Bibby Financial Services Ltd.

Blackbaud Inc.

Brennan Center for Justice

CITGO Petroleum Corp.

Cameron International Corporation

Center for Biological Diversity Inc.

Change Healthcare Inc.

Chesapeake Energy Corp.

Clarkson PLC

Crescent Energy Co.

Duquesne University

Enel SpA

Exxon Mobil Corp.

Federalist Society

FirstEnergy Corp.

Google LLC

Harley-Davidson Inc.

International Centre for Settlement of Investment Disputes

Interstate Natural Gas Association of America

Invitae Corp.

JPMorgan Chase & Co.

Johnson & Johnson

LinkedIn Corp.

Lloyds Bank PLC

Meadow

Mercedes-Benz USA LLC

Microsoft Corp.

NASDAQ Inc.

Native American Rights Fund Inc.

New Jersey State Bar Association

New York University

PPG Industries Inc.

Pacific Legal Foundation

Permira

Rite Aid Corp.

Ryan LLC

Schlumberger Ltd.

Sierra Club

Solar Energy Industries Association

Solicitors Regulation Authority Ltd.

TC Energy Corp.

Tesla Inc.

The Catholic University of America

The New York Independent System Operator Inc.

The New York Times Co.

Thrasio Holdings Inc.

U.S. Chamber of Commerce

U.S. Energy Corp.

UBS Group AG

United Nations Commission on International Trade Law

UnitedHealth Group Inc.

WeWork Inc.

Wells Fargo & Co.

Western Environmental Law Center

Wolters Kluwer

LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Ashfords LLP

Baker & Hostetler

Baker Botts

Bayard PA

Berger Montague

Bishop & Sewell

Bonds Ellis

Buchalter APC

Burr & Forman

CMS Cameron McKenna Nabarro Olswang

Cantey Hanger

Carella Byrne

Carter Arnett

Charles Russell Speechlys

Clyde & Co

Cohen Milstein

Cooley LLP

Cooper Barton & Cooper

Crowell & Moring

Diaz Reus

Duane Morris

Duffy & Young

Feinberg Jackson

Florio Perrucci

Freeths LLP

Fried Frank

Gibbons PC

Gibson Dunn

Haynes & Boone

Hodgson Russ

Hogan Lovells

Holland & Knight

Jenner & Block

Jones Day

K&L Gates

Kaplan Marino

King & Spalding

Kirkland & Ellis

Lanier Law Firm

Latham & Watkins

Lewis Baach

Locks Law Firm

Lubin & Enoch

Manuel Diaz Law Firm

Mayberry Law Firm

Mayer Brown

McElroy Deutsch

Morgan Lewis

NechelesLaw

Nelson Mullins

Osborne Clarke

Pacifica Law Group

Patterson Belknap

Paul Hastings

Paul Weiss

Pinsent Masons

Poole Huffman

Proskauer Rose

Quinn Emanuel

Richards Layton

Ropes & Gray

Schertler Onorato

Schulte Roth

Skadden Arps

Skiermont Derby

Squire Patton

Stris & Maher

Teacher Stern

Tousley Brain

Troutman Pepper

Trowers & Hamlins

Tydings & Rosenberg

Vinson & Elkins

Weightmans LLP

Willkie Farr

de Castro PC

GOVERNMENT AGENCIES IN TODAY'S NEWS

Arizona Legislature

Bureau of Land Management

California Supreme Court

Colorado Supreme Court

Consumer Financial Protection Bureau

Dallas County, Texas

Defense Contract Management Agency

Equal Employment Opportunity Commission

European Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Election Commission

Federal Judicial Center

Federal Trade Commission

Hopi Tribe

Internal Revenue Service

International Court of Justice

Manhattan District Attorney's Office

NAFTA

Navajo Nation

New Jersey Department of Environmental Protection

New Jersey Supreme Court

New York State Commission on Judicial Conduct

Office of the U.S. Trade Representative

Pipeline and Hazardous Materials Safety Administration

Serious Fraud Office

Swinomish Indian Tribal Community

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Middle District of Pennsylvania

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 First Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of Transportation

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District Court for the District of Arizona

U.S. District Court for the District of Maryland

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

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

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

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

U.S. District Court for the Western District of Washington

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United Nations