As the U.S. Supreme Court hears oral arguments on Tuesday examining the federal government's power to regulate air pollution across state lines, experts say both sides will be focused on swaying Justice Anthony Kennedy, who will likely once again cast the deciding vote in a critical environmental case.
Nycal Offshore Development Corp. urged a Federal Circuit panel on Friday to allow it to recoup $72 million in lost profits from a government contract to develop oil and gas projects off the California coast, alleging the government had never proved the company couldn't profit from the broken leases.
Contractors who perform building maintenance for California oil refineries sued Thursday to block a recently passed safety law that they claim is actually aimed at shifting work to members of particular unions, saying the statute is unconstitutional and preempted by federal law.
A New York state judge has thrown out a proposed class action involving a prominent real estate developer that alleges Hess Corp. breached customer contracts by delivering tainted heating oil to New York City buildings, finding that plaintiffs failed to sufficiently allege they suffered a discernible injury.
Range Resources Corp. last week asked the Texas Supreme Court to reverse a decision throwing out the bulk of its defamation claims against Texas homeowners who alleged that fracking contaminated their water, saying the court should clarify when a free speech law can be applied.
With an interim nuclear accord and the possibility of relaxed sanctions, Iranian officials are publicly courting the world's largest energy companies to help tap the country's vast oil and gas reserves, but experts say companies should keep their distance as long as core U.S. sanctions remain in place.
A Texas federal judge denied class certification for investors facing losses in the aftermath of BP PLC's Deepwater Horizon rig explosion in 2010, after determining Friday that the investors' damages calculation was too murky to earn certification in light of a recently bolstered standard from the U.S. Supreme Court.
The U.S. Environmental Protection Agency on Monday will remove from its regulations parts of a rule that had allowed some new power plants to sidestep a screening program for excessive soot pollution, implementing a January decision from the D.C. Circuit in a case brought by the Sierra Club.
The U.S. Fish and Wildlife Service on Friday announced it has decided to allow eagle “take” permits for wind energy projects, electric utilities and timber operations to last up to 30 years, rather than five, pleasing industry groups but alarming environmentalists.
Virginia’s plan to develop an offshore wind energy research facility cleared a key regulatory hurdle Friday as the U.S. Bureau of Ocean Energy Management determined no other parties are interested in using the selected area for wind projects.
The Louisiana federal judge overseeing the Deepwater Horizon multidistrict litigation suspended all business economic loss payments from BP PLC's $9.2 billion settlement with property owners on Thursday following a recent Fifth Circuit ruling calling for greater scrutiny of the claims process.
Italian utility Enel SpA on Friday said it has agreed to sell a 14.8 percent stake in its natural gas distribution unit to private equity firm Ardian and Milan-based investment fund F2i SGR SpA in a deal valued at €122.4 million ($167.6 million).
InterOil Corp. agreed to sell a 61.3 percent stake in two Papua New Guinea LNG fields to France's Total SA, for up to $3.6 billion, the companies said Thursday.
The U.S. Export-Import Bank said Thursday that it's greenlighted a $640.7 million direct loan to the Turkish arm of the State Oil Co. of Azerbaijan Republic to finance the export of American-made oil refinery equipment that will be used to build a refinery on Turkey's western coast.
Chevron is again pushing back development plans for a $6.4 billion gas venture it shares with PetroChina, while a federal official warns a prospective Comcast-Time Warner merger would be hard-pressed to clear a regulatory review.
Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
The liquidation trustee for the estate of Getty Petroleum Marketing Inc. has filed an adversary complaint against the men who purchased the company from a unit of OAO Lukoil for $1 in 2011, claiming the buyers drained $6.5 million from the company mostly to line their own bank accounts.
While the shale-fueled U.S. oil and gas boom drove the energy dealmaking bus in 2013, it wasn’t the only energy M&A story to grab attorneys’ attention. Here, attorneys reveal five trends they observed in energy M&A over the past year:
Energy industry groups are gearing up for an all-out fight against a proposed fracking ban moving through the Massachusetts Legislature even though it will have a minor practical impact in a state with little development potential, because they're worried it could lead to prohibitions in resource-rich states sympathetic to the anti-fracking movement.
Royal Dutch Shell PLC is pulling the plug on plans to build a gas-to-liquids plant in Louisiana after the project’s estimated costs soared from $12.5 billion to more than $20 billion, the company said Thursday.
Recently, the California Department of Conservation, Division of Oil, Gas & Geothermal Resources issued two key documents relating to hydraulic fracturing. Of keen interest is whether these new rules will permit development of the Monterey Shale in a manner that is competitive with the development of oil reserves elsewhere — or whether government involvement will delay development of the world’s largest, deep shale-oil play, say attorneys at Latham & Watkins LLP.
Before a landowner grants an oil & gas lease to a lessee, he should carefully consider some key provisions to protect himself and to maximize economic benefit. For example, always make sure the provisions do not permit the primary term of the lease to extend beyond the stated period absent production, drilling or other operations, say attorneys at Greenberg Traurig LLP.
The U.S. Securities and Exchange Commission has generally not concerned itself with improper conduct involving embargoed countries. But the SEC’s complaint in the recent Weatherford International Ltd. case suggests that the agency takes the position that inaccurate accounting of transactions with embargoed countries can result in violations of the Exchange Act, say attorneys with Ropes & Gray LLP.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
Because Latin American countries differ substantially from one another, there is no effective one-size-fits-all approach to anti-corruption compliance in the region. That said, companies doing business in the region should be aware of a number of recurring compliance concerns that may lead to an increased risk of violating the FCPA or other applicable anti-bribery laws, say attorneys with Debevoise & Plimpton LLP.
The connection between Houston, Texas, and Philadelphia for value-added energy- and refining-related activity is palpable. Companies like Shell, Chevron, ExxonMobil and many others with a strong Houston presence are connecting to Pennsylvania, and we are just seeing the tip of the iceberg, says Michael Krancer of Blank Rome LLP.
Simply put, older cases interpreting the former version of section 1441 of the U.S. Code are no longer good law. A defendant confronted with a general maritime law tort claim should give serious consideration to removing the claim to federal court under the “original jurisdiction” clause of section 1441(a), says Brian Schneider of Moran Reeves & Conn PC.
Two considerations stand out regarding the Iran nuclear agreement's effect on sanctions. First, the agreement does not provide detail about suspension of sanctions or even identify measures to be suspended. Second, agreement commitments to relax sanctions measures will only be effective if, when and to the extent that they are implemented in U.S. and EU law, say Harry Clark and Clark McFadden of Orrick Herrington & Sutcliffe LLP.