• October 20, 2014

    Energy Future Creditors Bristle Over Auction Plans

    Energy Future Holdings Corp. caught heavy flak Monday over the proposed auction of its valuable stake in Oncor Electric Delivery Co. LLC, with creditors of the bankrupt power giant questioning the timing and structure of the sale process.

  • October 20, 2014

    Enviros Say Ky. Can't Enforce EPA-OK'd Selenium Standards

    Environmental groups seeking to overturn Kentucky’s new water quality standards for selenium said Friday the U.S. Environmental Protection Agency improperly relied on the state’s promise to measure water quality through fish tissue analyses, even though some waterways no longer have fish because of the contaminant — a coal-mining byproduct.

  • October 20, 2014

    Quebec Government OKs Innergex Plan for $356M Wind Farm

    Canadian company Innergex Renewable Energy Inc. and community partners have obtained approval from the Quebec government to prepare for construction on a $365 million wind farm expected to power 30,000 households.

  • October 20, 2014

    PR Team Says Texas Attys Owe $8M For Soliciting Spill Claims

    A team of public-relations specialists have filed a suit accusing a pair of Houston-based law firms and their principal attorneys of cheating them out of $7.9 million in fees for bringing the firms some 10,000 clients filing claims for damages from the Deepwater Horizon disaster.

  • October 20, 2014

    EPA Watchdog Slams Weak Clean Air Act Revenue Oversight

    Air quality regulators in some of the most heavily permitted areas in the country are failing to collect enough money from businesses and jeopardizing effective state and local Clean Air Act program implementation, a new U.S. Environmental Protection Agency Inspector General report said Monday.

  • October 20, 2014

    EPA Watchdog To Audit Calif. Enviro Board Laser Purchase

    The U.S. Environmental Protection Agency’s Office of the Inspector General will audit the California Air Resources Board’s purchase of a laser used to monitor air pollution and review allegations that the board is misreporting pollution data, the watchdog recently said.

  • October 20, 2014

    DOD Seeks Contractors For Fort Hood Green Energy Project

    The U.S. Defense Logistics Agency on Friday issued a solicitation for proposals to allow the Fort Hood military base in Texas to generate 100 percent of its power needs from renewable energy sources.

  • October 20, 2014

    BNSF Appeal Halts Diesel Tax Payment, Judge Says

    A Tennessee federal court on Friday allowed BNSF Railway Co. to stop paying railroad diesel taxes temporarily while it appeals the court’s Oct. 10 denial of its preliminary injunction to the Sixth Circuit.

  • October 20, 2014

    Shell Midstream Partners Aims To Raise Up To $906M In IPO

    Royal Dutch Shell PLC's Shell Midstream Partners said Monday that it expects to raise up to $905.63 million in an initial public offering that is designed to help fund the acquisition and operation of pipelines as it eyes expansion into several southeastern markets.

  • October 20, 2014

    Pa. Appeals Court Upholds Damages In Drilling Trespass Case

    The Pennsylvania Superior Court on Monday ruled to uphold a $250,000 damages award in favor of a man who saw his subsurface gas rights drilled on without his permission, in a case that turned on the obligations rights holders have to protect their interests.

  • October 20, 2014

    Philippines Energy Co. Secures $315M Loan For Wind Project

    Philippines-based Energy Development Corp. said Monday it has signed a 15-year, $315 million agreement with foreign and local banks to build a 150-megawatt wind farm in the coastal province of Ilocos Norte, projected to be the country’s largest.

  • October 20, 2014

    Justices Pass On Dismissal Of Investors' EnerMax Suit

    The U.S. Supreme Court on Monday refused to review the Fifth Circuit’s upholding of the dismissal of a suit brought by foreign investors claiming defunct oil exploration company EnerMax stole millions of dollars from them through a joint-venture scheme.

  • October 20, 2014

    Judge Sets Cleanup Cost Formula For Long Island Gas Plants

    A New York state judge has ruled that Century Indemnity Co. must use a pro rata allocation formula to determine cleanup costs for polluted manufactured gas plant sites on Long Island, New York, in a 17-year-old dispute pitting Century and others against current policyholder KeySpan Corp.

  • October 20, 2014

    High Court Won't Consider State Claims In BP Spill

    The U.S. Supreme Court on Monday declined to hear an appeal by several Louisiana parishes asking the high court to revive their state-law claims against BP PLC and others over pollution-related wildlife damage linked to the Deepwater Horizon oil spill.

  • October 20, 2014

    QEP Nabs $2.5B In Sale Of Midstream Biz To Tesoro

    QEP Resources Inc. said Sunday that it’s agreed to sell its midstream business to Texas-based Tesoro Corp. for $2.5 billion, following through on a January promise to unload the unit in the wake of activist investor pressure to shake up its operations.

  • October 20, 2014

    Macquarie Leads $4.7B Purchase Of Louisiana Utility Cleco

    A group of investors led by Macquarie Infrastructure & Real Assets Inc. will acquire Cleco Corp. for $4.7 billion including debt, the companies said Monday, in a move expected to benefit investors while not affecting the Louisiana-based utility company's day-to-day operations.

  • October 17, 2014

    Energy Future Plugs Auction Plan, Draws Fire From Creditors

    Energy Future Holdings Corp. urged a Delaware bankruptcy judge on Friday to bless a proposal to auction its prized stake in Oncor Electric Delivery Co. LLC but faced resistance from various creditor groups who contend the auction scheme would deprive them of billions of dollars.

  • October 17, 2014

    Laredo Petroleum Leak Settlement Spurs Possible Sanctions

    A Texas federal judge on Friday said counsel for Flat Rock Land LLC may face sanctions for what she said was a misleading legal argument about whether it should have been served with a copy of a settlement reached by Compass Bank and defendants including Chevron USA Inc. and ExxonMobil Corp. in a case involving a petroleum leak that contaminated downtown Laredo.

  • October 17, 2014

    Ill. Fracking Holdup Violates Property Rights, Suit Says

    A group of oil and gas rights owners filed a proposed class action against Illinois in state court, saying its denial of fracking permits is an unconstitutional taking of their property.

  • October 17, 2014

    Canadian High Court Clears Way For Wiretap Disclosures

    Canada's highest court ruled Friday that consumers pursuing a class action against several gas station operators could get access to wiretaps made of the alleged conspirators during the government's criminal probe of the plot.

Expert Analysis

  • EPA Emissions Proposal May Spur Greater Enforcement

    Nancy MacKimm

    If finalized, the U.S. Environmental Protection Agency's proposal to prohibit excess emissions during periods of startup, shutdown or malfunction in state implementation plans under the Clean Air Act could result in additional enforcement actions for violations of emission limitations during periods of malfunction, say attorneys at Jones Day.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • Putting Calif.'s $1.4B Fine Against PG&E In Perspective

    Michael C. Dotten

    What constitutes an excessive fine has been articulated by the U.S. Supreme Court as a proportionality test, and, as Pacific Gas & Electric Co. argued in its brief before the California Public Utilities Commission, courts sometimes measure excessiveness in penalties by reference to fines levied in other, like circumstances, says Michael Dotten of Marten Law PLLC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Encouraging Gas Development In China — A Work In Progress

    Vincent X. Wang

    Recent Chinese regulatory measures are but a first step in establishing a regime that will encourage foreign investment in midstream gas infrastructure by private investors. More attention needs to be paid to establishing a platform that offers fair rules of play for private businesses seeking to compete with powerful state-owned monopoly players, say Barbara Jost and Vincent Wang of Davis Wright Tremaine LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • E&P Wetlands Compliance Strategy: Nationwide Permits

    Robert E. Holden

    Despite being confusing — and violations expensive — the exploration and production industry should utilize the U.S. Army Corps of Engineers' nationwide permitting program as a way to streamline and simplify wetlands permit requirements when seeking approval of on-shore activities, say Robert Holden and Lesley Pietras of Liskow & Lewis.

  • Will The Wires REIT Become The Next Midstream MLP?

    David C. Wright

    With midstream energy master limited partnerships having dominated the energy and power capital markets in recent years, a question has arisen as to why the real estate investment trust structure has not been more utilized, especially given that the IRS has blessed the ability of REITs to own transmission and distribution systems, say attorneys with Hunton & Williams LLP.

  • 5th Circ. Maritime Case May Set National Standard

    Joel B. Crane

    The Fifth Circuit majority opinion’s adherence to history, federal statutory law and U.S. Supreme Court precedent in McBride v. Estis Well Service LLC over limiting injured seamen and their heirs to pecuniary damages will undoubtedly serve as persuasive authority in defending against punitive damage claims in maritime cases nationwide, say attorneys at Sedgwick LLP.