Energy

  • May 5, 2016

    Oil Co. Wins Limited Right Of Way On Navajo Land

    The U.S. Department of the Interior’s Board of Indian Appeals granted a Texas oil refining company qualified permission Wednesday to renew a 20-year right of way for a pipeline stretching across Navajo land, partly reversing a previous denial by the Bureau of Indian Affairs.

  • May 5, 2016

    Brazil Court OKs $2.7B Settlement Over Dam Collapse

    A Brazilian court has signed off on a settlement in which mining companies BHP Billiton and Vale SA will pay approximately $2.7 billion to cover damages in connection with a dam collapse that killed more than a dozen people in November, the companies said Thursday.

  • May 5, 2016

    Ore. Strikes Down Feds' Columbia River Salmon Analysis

    An Oregon federal court on Wednesday shot down — for the fourth time — the National Marine Fisheries Service's determination that hydroelectric dams and reservoirs along the Columbia River aren't further harming the endangered and threatened salmon species in the region.

  • May 5, 2016

    Greens Can Stay In Entergy's FOIA Row, 5th Circ. Says

    The Fifth Circuit on Wednesday denied a bid by Entergy Gulf States Louisiana LLC for a full court rehearing after a panel found that the Sierra Club may intervene in the company’s Freedom of Information Act lawsuit seeking to prevent the U.S. Environmental Protection Agency from releasing documents requested by the green group.

  • May 5, 2016

    Mining Co. Says Indonesia Finally Paid Arbitration Fees

    Churchill Mining PLC, which has lodged a $1.3 billion arbitration claim that its coal mining rights were stolen by the Indonesian government, announced Thursday that Indonesia has finally delivered an outstanding advance payment to a World Bank arbitral panel after a nearly two-month delay.

  • May 5, 2016

    Texas Oil Plant Says Inspector On Hook For Worker's Fall

    An oil storage facility owned by Enterprise Products Partners on Wednesday told the Texas Supreme Court that it should be allowed to name the employer of an injured petroleum inspector as a responsible third party in the injured man’s suit.

  • May 5, 2016

    Apache Asks 5th Circ. For Fees In $1.5M Fraud Coverage Fight

    Apache Corp. told the Fifth Circuit on Thursday that it is entitled to attorneys' fees and prejudgment interest from Great American Insurance Co. after a Texas federal judge found that the insurer must pay nearly $1.5 million for losses Apache suffered when fraudsters tricked it into rerouting vendor payments to a bogus bank account.

  • May 5, 2016

    Alaska Natives, Feds Settle On Fees In Drilling Permit Row

    A group of Alaskan natives reached a settlement with the U.S. Army Corps of Engineers over attorneys’ fees and costs after losing a case over a drilling permit that was granted to ConocoPhillips Alaska Inc., according to a Wednesday court filing.

  • May 5, 2016

    EPA Won't Revise Tougher Carbon Rule For New Power Plants

    The Environmental Protection Agency will not reconsider its rule strengthening limits on carbon emissions from new power plants, according to an agency notice filed with the Federal Register, saying despite five petitions for reconsideration, the standards can be met with existing technology.

  • May 5, 2016

    Ex-EPA Criminal Chief Says Enforcement Is Short-Changed

    The former head of the U.S. Environmental Protection Agency’s Criminal Investigations Division and the current chief of the U.S. Department of Justice’s sister section said Thursday the Obama administration has thrown its weight behind regulatory initiatives and wildlife matters at the expense of pollution prosecutions.

  • May 5, 2016

    Chamber Says TTIP Would Boost EU Energy Market

    The U.S. Chamber of Commerce on Wednesday advocated the approval of a proposed trade deal with Europe, saying the Transatlantic Trade and Investment Partnership would help eliminate trade barriers and support efforts by the European Union to develop a more competitive energy market.

  • May 5, 2016

    Total's Gas Manipulation Row With FERC Moved To Houston

    A Total SA unit’s lawsuit over the Federal Energy Regulatory Commission’s allegations of natural gas market manipulation must move to Houston federal court, a Texas federal judge ruled Wednesday, saying the energy company’s ties to his western Texas district are too weak.

  • May 5, 2016

    Air Force Didn’t Track $849M In Energy Deals, Report Says

    The Air Force’s Civil Engineer Center did not effectively manage more than $849 million in projects meant to generate energy savings, according to a Wednesday U.S. Department of Defense inspector general report that says the center can’t determine whether any of the contracts met their energy savings goals.

  • May 5, 2016

    Mammoth Energy Yanks $100M IPO Plans

    Mammoth Energy Partners LP, an Oklahoma-based master limited partnership formed to provide drilling and related services for North American oil and gas explorers, with assets contributed by Gulfport Energy Corp. and Wexford Capital LP, on Wednesday pulled its plans for a $100 million initial public offering.

  • May 5, 2016

    3rd Circ. Upholds EFH's $4B Ch. 11 Deal With Noteholders

    The Third Circuit upheld Wednesday a Delaware bankruptcy court decision that allowed Energy Future Holdings Corp. to refinance $4 billion in first-lien note debt through a tender offer, a method the indenture trustee for a faction of the notes contended ran counter to Chapter 11 rules.

  • May 5, 2016

    K&L Gates Picks Up Ex-DLA Piper Energy Partner In Milan

    K&L Gates LLP has strengthened its energy practice in Milan, Italy, with the addition of a former DLA Piper partner whose forte is mergers and acquisitions and joint venture transactions.

  • May 5, 2016

    Shell, Alon Escape Sanctions In Pipeline Easement Suit

    A California federal judge has declined to fine Shell Pipeline Co. and Alon USA Paramount Petroleum Corp. for delays in removing pipelines under a California property, saying that red tape and the nature of the removal held up the project.

  • May 5, 2016

    Rising Star: Sutherland's Ram C. Sunkara

    Sutherland Asbill & Brennan LLP partner Ram C. Sunkara’s efforts representing large energy consumers like Microsoft, Target, and Houston’s public transportation authority in their purchase and generation of renewable and traditional power has landed him a spot on Law360’s Rising Stars list of top energy attorneys under 40.

  • May 4, 2016

    Suit Alleging Gov't Conspiracy To Seize NJ Landfill Thrown Out

    A New Jersey federal judge on Wednesday dealt another blow to a landfill owner recently indicted on charges of lying to a state environmental regulator about plans for the site, signing off on two dismissal motions in litigation accusing the agency and others of illegally conspiring to seize the property.

  • May 4, 2016

    Emerald Oil Judge Wants Changes To $130M DIP Loan

    A Delaware bankruptcy judge said Wednesday he would reject Emerald Oil Inc.’s $130 post-petition financing package unless several changes were made to its terms, but sides squabbling over the loan said they were close to a deal that would alleviate his concerns.

Expert Analysis

  • The Legal Barriers To Off-Grid Solar Photovoltaic Systems

    Molly L. Zohn

    As solar plus battery off-grid systems become more technologically feasible and economically viable, analysts and public utilities have struggled to predict whether a “utility death spiral” will eventually occur. However, technological innovation is only part of the equation. Another critical factor is whether off-grid systems are legal, says Molly Zohn at Klinedinst PC.

  • What Is Your Squirm Factor?

    Ross Laguzza

    The fact that jurors are a captive audience doesn’t mean they are any more invested in your presentation than people who walk out of a boring movie. Jurors can’t physically leave, but they can and do mentally check out. If you are a trial lawyer, you should think about whether your squirm factor is high, moderate or low — and what, if necessary, you can do to change it, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • 7 Stages Of Grief: Impact Of Oil Downturn On Energy Attys

    Andrew Calder

    As oil prices fell, many companies recognized that their capital structures were unsustainable. The response to the commodity price crisis has affected energy attorneys throughout the U.S., and has continued to evolve as a lower-price environment appears inevitable for the next year and potentially beyond, say attorneys with Kirkland & Ellis LLP.

  • Why The Yukos Ruling Reaches Beyond Legal Battle

    Stéphane Bonifassi

    The ramifications of a Dutch court's decision to overturn a record $50 billion award of damages to the former shareholders of Yukos Oil goes far beyond the immediate financial interests of the parties involved. The case is important for foreign investor sentiment toward Russia and the country’s relations with the West, says Stéphane Bonifassi, executive director of ICC FraudNet.

  • A Smarter Approach To Renewable Energy Reliance In Calif.

    Jeffrey D. Dintzer

    Pressure from nongovernmental organizations to close the storage facility at Porter Ranch in California is just one example of a concerted effort to damage the state's oil and gas businesses. Instead of badgering the industry, environmental groups should focus on lobbying for legislation to streamline the permitting process for renewable energy projects, say Jeffrey Dintzer and Dione Garlick at Gibson Dunn & Crutcher LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Public Trust Doctrine Suit Could Clear Procedural Hurdles

    Lauren Sidner

    An Oregon magistrate judge's findings and recommendation in Kelsey Cascade Rose Juliana v. U.S. has the potential to allow this controversial climate change suit to overcome jurisdictional challenges. If the judge's recommendations are eventually adopted, the case could have a major impact on the trajectory of climate litigation going forward, say Lauren Sidner and George Wilkinson at Vinson & Elkins LLP.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Compromise In Congress Over Bipartisan Energy Reform

    Henry A. Terhune

    The Energy Policy Modernization Act was recently approved by the U.S. Senate, and although it contains some potentially controversial provisions, the bill reflects significant bipartisan cooperation that has been somewhat rare in Congress in recent years, especially with respect to energy and environmental policy, say attorneys at Akin Gump Strauss Hauer & Feld LLP.