The Biden administration is facing a critical legal test of its authority to enact climate policy, as Republicans plan attacks on new EPA regulations as costly and overstepping the boundaries of the executive branch. Buoyed by recent U.S. Supreme Court decisions striking down Obama-era regulations designed to reduce emissions from the power sector, conservative lawyers plan to push the “major questions doctrine.” The Houston Chronicle has details.
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Updated: UT, UH to Adjust Racial Consideration in Law School Admissions, SMU ‘Studying’ Ruling
Southern Methodist University’s law dean sent a letter Friday to faculty, students and staff that said the school is still studying the implications of the Supreme Court’s affirmative action decision but will remain committed to having a diverse student body. The University of Texas at Austin tweeted a statement that said the law school had used race as a factor in admissions but will now readjust its approach to comply with the law, while the University of Houston released a similar statement.
Plus, information on which other Texas law schools have (and haven’t) weighed in.
What Does it Mean? Trial Lawyers Talk SCOTX Gregory Ruling
Trial lawyers who spoke to The Lawbook said the ruling in Gregory v. Chohan didn’t offer much clarity on the proper evidentiary standard for noneconomic damages awards. Justice John Devine, who agreed with the plurality that an improper closing argument likely influenced the damages award and mandates a new trial, decried the new evidentiary standard advocated for by three justices as “impossible” to meet.
Judge Asked to Separate Market Manipulation Cases from Winter Storm Uri MDL
Plaintiffs’ lawyers suing more than 90 energy companies for alleged market manipulation of natural gas prices during Winter Storm Uri are asking a Houston judge to separate their lawsuits from the more than 300 other wrongful death, personal injury and property damage cases currently consolidated in the MDL in Houston. Data analytics firm CirclesX Recovery argues its lawsuit is legally different from the others and should be handled outside of the MDL.
Texas is Chipping Away at Property Owners’ Rights: Inside the Troubling Trend
The “Texas Miracle” is by all accounts a real thing. There is little doubt that Texas businesses have thrived in the confluence of conditions existing in Texas for the past couple of decades. Then why would the Texas Legislature strive to place hardships on Texas businesses by making it more difficult for them, as property owners, to recover the full cost of repair for construction defects?
A Word with Shook Hardy’s New Civil Rights/Racial Justice Practice Leader
After winning a significant pro bono prisoner’s rights case last year, Shook, Hardy & Bacon decided to use the award to foster more pro bono work by forming a new practice group that will handle prisoner’s civil rights and abuse-of-force litigation. The Kansas City-based firm chose Michael Harrison, a Houston lawyer and former prosecutor, to lead it. In a Q&A with The Lawbook, Harrison reflects on his time in the Harris County district attorney’s office, shares details about Shook’s new practice group and conveys his passion for civil rights and racial justice work.
CDT Roundup: 13 Deals, 16 Firms, 201 Lawyers, $11B
The news last week that publicly traded Civitas Resources was entering the Permian Basin with the purchase of upstream assets for $4.7 billion was interesting beyond its whopping price tag. Both targets were backed by NGP Energy Capital Management, marking another upstream private-to-public consolidation. There are those who think this is a good thing for the industry at the moment, and this week’s CDT Roundup explores the reasons. And, as always, The Lawbook’s Claire Poole has all the deals reported by Texas lawyers last week.
Q&A with the State Bar of Texas President
Cindy V. Tisdale, a partner at Goranson Bain Ausley in Granbury, was sworn in June 22 as the new president of the State Bar of Texas. Tisdale, who practices family law, answered questions from The Lawbook about why she sought to lead the organization and what her goals are.
Clifford Chance Continues Houston Expansion with Akin Hire
Akin corporate oil and gas deal lawyer David Sweeney is the seventh lateral partner addition in Houston by the London-based firm this month.
Dallas Litigator Stephanie Clouston Laterals to Winston & Strawn
Clouston, who led the Texas litigation practice at Alston & Bird, said she has seen an increase in large disputes being filed in the state.