So we're going to start violating the 1st/2nd laws of thermodynamics to make evolution more plausible...
So how about those perpetual motion devices, then? Can't discredit them anymore if we're accepting that energy can arise from nothingness.
What you define as 'nothingness' is probably not what Professor Lawrence Krauss is talking about. It's too complicated to get into briefly here, but what Krauss refers to as empty space, actually weighs something, it can be measured. Particles can appear in the vacuum and then vanish. There is a lecture he gives on YouTube where he explains the theory and demonstrates some of it with mathematics and references to experiments that have been carried out which appear to back up his theory. Or you could just buy his book.