• August 21, 2014

    DuPont Slaps SunEdison With Solar Paste Patent Suit

    DuPont Co. slapped solar technology company SunEdison Inc. and its subsidiary NVT LLC with an infringement suit in Delaware federal court on Monday, alleging they are infringing on its thick-film paste patent by importing and selling certain solar modules.

  • August 21, 2014

    NC Lawmakers Advance Bill To Regulate Coal Ash

    North Carolina lawmakers on Wednesday passed legislation to regulate coal ash in the wake of a massive spill at a Duke Energy Corp. power plant, but environmental groups say the bill lets Duke avoid being forced to clean up coal ash facilities at most of its 14 plants.

  • August 21, 2014

    ADB Arranges $217M For Laos Hydropower Project

    The Asian Development Bank said on Thursday that it has agreed to arrange a total of $217 million in financing for a Lao People's Democratic Republic hydropower project that will deliver power to the region while mitigating dangerous carbon dioxide emissions.

  • August 21, 2014

    Travelers To Pay Over $8.5M In Well Explosion Suit

    Travelers Property Casualty Co. of America was ordered Wednesday to pay Eagle Oil & Gas Co. over $8.5 million in a suit over cleanup costs associated with a 2011 well blowout at an Eagle Oil facility, days after a Texas federal jury found the insurer didn’t prove the company could have done more to prevent the blast.

  • August 21, 2014

    West Penn Power To Pay $1.3M For Botched Conservation Plan

    The Pennsylvania Public Utility Commission on Thursday signed off on a settlement requiring a FirstEnery Corp. unit to pay $1.3 million in penalties after failing to meet energy conservation targets outlined under state law.

  • August 21, 2014

    Nuke Plant Operator Must Rehire Whistleblower, OSHA Says

    A U.S. Department of Energy nuclear waste facility contractor was ordered to reinstate an environmental specialist who was terminated for voicing nuclear and environmental safety concerns, a violation of federal whistleblower provisions, the Occupational Safety and Health Administration said Wednesday.

  • August 21, 2014

    Standard Chartered Puts Up $75M For Stake In Topaz Energy

    Private equity firm Standard Chartered Private Equity Ltd. said Thursday it would buy a 9.8 percent stake in offshore oil and gas services provider Topaz Energy and Marine Ltd. for $75 million, a deal that values the company at $765 million, in the latest example of private equity firms accepting smaller stakes in a competitive deal market.

  • August 21, 2014

    Barclays, Citi Back SunEdison's $160M Rooftop Solar Fund

    SunEdison Inc. said Thursday that it’s closed a $160 million fund with Barclays PLC and Citigroup Inc. that will finance distributed solar energy projects in the U.S. using a structure that will provide the tax equity for 40 such projects.

  • August 21, 2014

    Venoco Agrees To $200M Sale Of West Montalvo Field

    Oil and gas developer Venoco Inc. has agreed to sell the West Montalvo Field off the California coast to an undisclosed party for $200 million, intending to use proceeds toward paying down debt.

  • August 21, 2014

    UK Waste-To-Energy Project Receives £64M Boost

    The U.K.'s Green Investment Bank is injecting £64 million ($106.2 million) into a waste-to-energy project in Derby, England, that will bolster recycling and generate enough renewable energy to power roughly 14,000 homes, it said Thursday.

  • August 21, 2014

    Clerical Error Leads US To Cut Taiwan Solar Panel Duties

    The U.S. Department of Commerce has made a marked reduction to the level of initial tariffs applied to imports of Taiwanese solar panels that have been sold in the U.S. at unfairly low prices after correcting ministerial errors that led to a faulty anti-dumping margin.

  • August 20, 2014

    NFL Star's Lost Investment Suit A 'Shakedown,' Ala. Atty Says

    A prominent Alabama attorney on Tuesday struck back against a former NFL star's claim that he was defrauded out of a $1 million investment in the lawyer's waste-to-energy business, calling the lawsuit a “shakedown” and dismissing claims the energy company's parent is actually a Ponzi scheme.

  • August 20, 2014

    Lehman Scuttles Claims From Energy Unit Shareholders

    A New York bankruptcy judge on Tuesday threw out damages claims against Lehman Brothers Holdings Inc. brought by shareholders in defunct SkyPower Corp., a Canadian renewable energy developer that fell apart when Lehman, its controlling shareholder, collapsed and stopped supporting it.

  • August 20, 2014

    Plaintiff Ends $4B Qui Tam Suit Against Consumers Energy

    A Michigan federal judge on Wednesday approved an agreement to dismiss a whistleblower suit that had accused Michigan-based public utility Consumers Energy Co. of defrauding its customers and the government out of $4 billion by inflating its electricity and gas rates.

  • August 20, 2014

    SEC Investigating USA Synthetic Fuel's Accounting

    USA Synthetic Fuel Corp. revealed in a regulatory filing Tuesday that it's being scrutinized by the U.S. Securities and Exchange Commission after revising its financial statements for 2012 and the first quarter of 2013.

  • August 20, 2014

    GOP Rep. Rips FEMA's Anti-Fracking Land Acquisition Policy

    U.S. Rep. Lou Barletta, R-Pa., and a group of energy industry officials on Wednesday slammed a U.S. Federal Emergency Management Agency policy unveiled in May barring the acquisition of flood-prone properties that could host hydraulic fracturing activity due to separate ownership or leasing of subsurface rights.

  • August 20, 2014

    Cloud Peak Energy Pays $45M To Settle Rio Tinto Tax Deal

    Coal producer Cloud Peak Energy Inc. said Wednesday that it has paid $45 million to energy giant and former owner Rio Tinto Group to end a tax-receivable agreement set up during Cloud Peak's 2009 initial public offering, settling all future liabilities.

  • August 20, 2014

    Ambit Energy Marketing Scam Fleeces Consumers, Suit Says

    Ambit Energy LP was hit Tuesday with a putative class action in New Jersey federal court that accuses the Texas-based power reseller and marketer of luring customers with false promises of low electricity rates and other rewards and then overcharging them.

  • August 20, 2014

    Thompson & Knight Gets $960K Malpractice Judgment Nixed

    A Texas appeals court on Tuesday reversed a $960,000 malpractice judgment against Thompson & Knight LLP in a suit that sought to hold the firm responsible for failing to discover a title defect in an oil and gas deal, saying there was insufficient evidence to support the damages.

  • August 20, 2014

    South Fla. Elected Officials Back EPA's Carbon-Cutting Rule

    While local governments can work to mitigate rising sea levels in their communities, reducing carbon pollution is going to be critical to tempering climate change's impact, a group of 30 elected South Florida officials told the U.S. Environmental Protection Agency on Wednesday.

Expert Analysis

  • 9th Circ. Permit Ruling Could Affect Projects Nationwide

    Sandra Y. Snyder

    The Ninth Circuit's ruling in Sierra Club v. EPA may have broad implications for the timing of Clean Air Act preconstruction permitting, which may be compounded by a recent D.C. Circuit opinion that could ultimately require the U.S. Environmental Protection Agency to apply this precedent on a national scale, say Richard Alonso and Sandra Snyder of Bracewell & Giuliani LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • EPA Boosts Cellulosic Fuels In Push For Renewables

    Bernadette M. Rappold

    While the nation has a long way to go to meet Congress' renewable fuel mandate for 2022, a recent U.S. Environmental Protection Agency rulemaking has provided a much-needed shot in the arm to the nascent waste-to-energy industry generally, and to cellulosic biofuel producers in particular, says Bernadette Rappold of McGuireWoods LLP.

  • 9th Circ. Questions De Minimis CERCLA Settlements

    Rick R. Rothman

    The Ninth Circuit's decision in Arizona v. Tucson does not change the legal standards for approval of Comprehensive Environmental Response Compensation and Liability Act consent decrees, but it does suggest that courts will be taking a closer look at de minimis settlements, say attorneys at Bingham McCutchen LLP.

  • Get Ready For Calif.'s New Stormwater Permit Regime

    Maureen F. Gorsen

    New facilities need to quickly assess whether they can comply with California’s new Industrial Stormwater Permit rules. If they cannot, they should consider obtaining coverage under the 1997 permit and then transition into the new permit as an existing facility, say Maureen Gorsen and Andrew Brady of Alston & Bird LLP.

  • Inching Toward A Possible US-China Trade Settlement

    Bernd G. Janzen

    Finding terms that all major stakeholders in the ongoing U.S.-China solar cases can agree on will not be easy and indications that China may propose terms for a suspension agreement in one of the cases must be understood in a broader context — as a small step on a journey that promises to be long and difficult, say Bernd Janzen and Henry Almond of Akin Gump Strauss Hauer & Feld LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • FERC Federalism: Blurred Lines After DC Circ. Decisions

    Kenneth W. Irvin

    In the aftermath of two recent D.C. Circuit decisions, the competing interests of the Federal Energy Regulatory Commission and state jurisdiction in energy markets once again face significant upheaval, say Kenneth Irvin and Gregory Lawrence of Cadwalader Wickersham & Taft LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • Latest US Sanctions On Russia Are Par For The Course

    Mario Mancuso

    The U.S. Department of Commerce's Bureau of Industry and Security's recent final rule on export restrictions to Russia follows a trend in U.S. policy toward sanctioning strategic sectors such as energy, finance and defense, which are mirrored in recent measures imposed by the EU, say attorneys at Fried Frank Harris Shriver & Jacobson LLP.