Bracewell LLP

Bracewell?announced today that it has secured a major win for the firm’s client Denka Performance Elastomer (DPE) in the long-standing, scientifically flawed lawsuit brought by the Biden-era US Environmental Protection Agency (EPA). Denka is the sole US producer of Neoprene, a popular synthetic rubber used in many products, including autos and trucks, adhesives, medical devices, wetsuits and other applications. The LA-based plant uses the chemical chloroprene in the making of Neoprene. In February 2023, EPA filed an unprecedented lawsuit against Denka, relying on Section 303 of the Clean Air Act and seeking to shut down DPE’s facility. Bracewell successfully fended off EPA’s motion for preliminary injunction in 2023 and convinced the court to allow targeted discovery over the strenuous objections by EPA. Denka ultimately filed a motion for summary judgment that forced EPA to postpone a March 2024 trial on the merits in order to publish a final rule that singled out Denka’s facility for disparate treatment. In response to EPA’s new rule, Bracewell assisted Denka in obtaining an extension from the Louisiana Department of Environmental Quality (LDEQ) to comply with the rule’s extremely short compliance period and persuaded the Fifth Circuit to grant a stay preventing EPA from disregarding the LDEQ’s extension. EPA resumed the Imminent and Substantial Endangerment (ISE) litigation last fall and pushed to set a trial date for mid-April 2025. The agreement, announced on Friday, March 7, dismisses EPA’s case without a trial. “We are extremely pleased to have achieved this result for our client. Defending the company and securing the dismissal exemplifies Bracewell’s excellence in integrating legal, government relations and strategic communications services to achieve successful outcomes on environmental matters for our clients,” said?Jason B. Hutt, partner in Bracewell’s Washington, DC office and chair of the firm’s environment, lands and resources practice. “This was hard fought, cutting-edge litigation, and it ended with the proper result,” said?David Super, a Bracewell trial partner in Washington, DC. The result was achieved in close collaboration with Louisiana counsel, Jones Walker.

What should boards of directors and audit committees do during the DOJ’s FCPA enforcement pause? Learn more from Nicole Boeckmann, Mark Hunting and Meg Beasley in Corporate Compliance Insights: https://hubs.ly/Q039w3rb0 #ffcpa #doj #corporatecompliance

How can captive power projects help mitigate the challenges resulting from increase construction and finance costs in Africa? Learn more from Simon Cudennec and Noémie Portut-Castel in this Bracewell Update: https://lnkd.in/eT9jUaXB #africa #energytransition #cpp?

The UAE’s Ministry of Economy recently published new thresholds for merger filings. Learn more in this Bracewell Update by Christopher Williams and Amelia Bowring: https://hubs.ly/Q038tgj-0 #mergers #mna #uae

In honor of Women’s History Month and International Women’s Day, the Bracewell Women’s Network is proud to sponsor the UT Austin Center for Women in Law’s Ginsburg Initiative. Launched in 2021, the Ginsburg Initiative works to honor the legacy of Justice Ruth Bader Ginsburg and Marty Ginsburg. #Bracewell #WomensHistoryMonth #InternationalWomensDay

How can companies ensure they are ready for the Corporate Transparency Act's March 2st reporting deadline? Learn more from Benjamin Martin, Caroline Ellis and Gabbie Hindera in this Bracewell Update: https://hubs.ly/Q039Zqms0 #litigation #corporatetransparencyact #corporations

The Eastern District of Texas reinstated the Corporate Transparency Act's beneficial ownership reporting requirements, with most companies required to file by March 21. Catch up on the latest news in this week’s Bracewell Minute. #cta #energy #corporateveil

https://lnkd.in/ehu_zsUg

Bracewell’s Paris office advised IAMGOLD Essakane S.A. on the 100 percent acquisition from Total Eren S.A and Chariot Transitional Power France SAS of Essakane Solar SAS, a company that operates a solar photovoltaic plant with 12-MWAC installed capacity located at the Essakane gold mine, province of Oudalan, in Burkina Faso. This deal is particularly noteworthy as it is related to a captive solar power project. It’s one of the first of its kind in the region, combining the mining sector with the renewable energy sector. Simon Cudennec?led the Bracewell team, with support from Diane Dusserre. The team was also supported in London by Robert Meade, Danielle Altink?and?Myriam Lace. Learn more: https://lnkd.in/eTiRHSpC #energy #renewables #solar