• May 24, 2016

    House Keeps 'Waters Of US Rule' Defunding In Energy Bill

    The U.S. House of Representatives voted Tuesday to keep provisions blocking implementation of the so-called Waters of the United States rule under the Clean Water Act in a $37.4 billion bill funding the U.S. Department of Energy, U.S. Army Corps of Engineers, and several energy and water infrastructure projects.

  • May 24, 2016

    Sabal Trail Gets Easement Win For $3B Natural Gas Pipeline

    A Florida federal judge on Tuesday allowed Sabal Trail Transmission LLC to condemn easements in Lake County, Florida, so that it can construct a $3 billion, 516-mile natural gas pipeline running from Alabama to the Sunshine State.

  • May 24, 2016

    States Slam EPA's Bid To Keep MATS Fight Out Of High Court

    States wrestling with the U.S. Environmental Protection Agency over its Mercury and Air Toxics Standards rule on Monday pressed the U.S. Supreme Court to consider whether a court can remand a legally defective rule without vacating it.

  • May 24, 2016

    Osage Can Will Headright To Non-Member, DOI Panel Says

    The Interior Board of Indian Appeals has largely upheld a Bureau of Indian Affairs official’s ruling that a member of the Osage Nation could leave a headright interest in tribal oil and gas royalties to a nonmember in her will.

  • May 24, 2016

    Greenberg Traurig Nabs Ex-Haynes And Boone Bankruptcy Pro

    Greenberg Traurig LLP augmented its bankruptcy practice on Tuesday, adding a seasoned partner who previously worked on both restructuring and distressed asset acquisition in energy, real estate and other sectors at Haynes and Boone LLP.

  • May 24, 2016

    5th Circ. Sides With Gasoline Cos. In Cancer Expert Fight

    The Fifth Circuit refused Monday to reinstate experts who would have provided grounds to revive a suit against Shell Oil Co., Chevron USA and Texaco Inc. brought by a woman who said her late husband got cancer from exposure to gasoline containing benzene.

  • May 24, 2016

    Ampal Trustee Seeks Dual Arbitration In $565M Egypt Gas Row

    The trustee of Ampal-American Israel Corp. asked a New York bankruptcy judge Monday to let it divide its $565 million arbitration claim against Egypt for halting deliveries to its natural gas pipeline between two tribunals, saying the strategy would maximize its ability to collect an eventual award and minimize complications.

  • May 24, 2016

    Enviros Blast Fossil Fuel Portions Of Energy Reform Bill

    Scores of environmental groups urged U.S. Senate leaders Tuesday to strip provisions that streamline permitting for liquefied natural gas export projects and other oil and gas infrastructure from sweeping energy reform legislation being hammered out by Congress, saying any legislation should focus on phasing out fossil fuels.

  • May 24, 2016

    Faegre Ordered To Return Fraudulent Deepwater Claim Money

    A Louisiana federal judge on Tuesday said that a seafood company and its law firm, Faegre Baker Daniels, must pay back the $1 million they received from the Deepwater Horizon Economic Claims Center.

  • May 24, 2016

    ND Judge Rejects EPA Bid To Nix Water Rule Challenge

    A North Dakota federal judge on Tuesday rejected the U.S. Environmental Protection Agency's bid to nix a challenge to the EPA and Army Corps of Engineers' Clean Water Rule and put the case on hold pending the outcome of a similar challenge making its way through the Sixth Circuit.

  • May 24, 2016

    FERC Urged To Rethink NJ Power Line Projects Ruling

    A General Electric unit, along with Maryland and Delaware regulators, asked the Federal Energy Regulatory Commission on Monday to rehear its cost allocation decision for $1.6 billion worth of New Jersey transmission projects, saying that the approved method will result in unfair overpayments.

  • May 24, 2016

    Apache Accuses Ex-Egypt Energy Head Of Trade Secrets Theft

    Apache Corp. sued its former head of Egypt operations in Texas court Tuesday, alleging he surreptitiously joined a startup intended to directly compete with the Houston-based energy company in Egypt and took hundreds of thousands of confidential documents with him.

  • May 24, 2016

    Consol Asks 4th Circ. To Nix 'Mark of the Beast' Verdict

    Consol Energy asked the Fourth Circuit Monday to review a nearly $600,000 verdict in a U.S. Equal Employment Opportunity Commission suit stemming from an employee’s departure over hand scanners he thought were the work of the devil, saying the lower court made numerous errors throughout the case.

  • May 24, 2016

    Range Resources Dodges $9M Fracking Leak Fine — For Now

    The Pennsylvania Department of Environmental Protection has withdrawn a proposed nearly $9 million fine against a Range Resources Corp. unit over a leaky gas well that had been used for fracking, but the agency says it still may seek to punish the company.

  • May 24, 2016

    Enviros Press NRC To Keep Entergy's NY Nuke Plant Shut

    As Entergy Corp. wraps up repairs at a nuclear reactor 26 miles north of New York City, an environmental group on Tuesday urged the Nuclear Regulatory Commission to delay restarting the unit and to order the immediate shutdown of its sister reactor until the commission solves “the mystery of the missing bolts.”

  • May 24, 2016

    Utilities Take FERC Project Plan Orders Fight To DC Circ.

    A group of transmission companies that are members of regional grid operator Midcontinent Independent System Operator Inc. on Monday urged the D.C. Circuit to review orders by the Federal Energy Regulatory Commission approving utility plans to allocate costs for new, interregional transmission projects in compliance with its regional transmission planning rule.

  • May 23, 2016

    Exxon Wants Virgin Islands Climate Probe Remanded

    ExxonMobil Corp. on Monday sought to move its suit to block a U.S. Virgin Islands investigation into whether the company misled investors with statements about climate change back to Texas state court, saying the grounds for taking the case federal weren’t legitimate.

  • May 23, 2016

    Energy Investor Accused Of $45M Tax Evasion Scheme

    Prominent energy investor Morris Zukerman schemed to avoid paying $45 million in taxes tied to his sale of an oil company and purchase of European paintings he used to decorate his Upper East Side apartment, Manhattan prosecutors said Monday.

  • May 23, 2016

    Chesapeake, Total Resolve 13K Royalty Claims For $52.5M

    Chesapeake Energy Corp. and Total E&P USA reached a global settlement under which they'll pay out $52.5 million to more than 13,000 clients of two Texas-based law firms that accused them of underpaying natural gas royalties, the companies announced Monday.

  • May 23, 2016

    Kinder Morgan Scraps $5B Pipeline FERC Approval Bid

    A Kinder Morgan Inc. subsidiary on Monday officially ended the Federal Energy Regulatory Commission’s review of the company's $5 billion proposed Northeast Energy Direct project, a pipeline that would have shipped natural gas from Pennsylvania’s Marcellus Shale to New England.

Expert Analysis

  • Megamergers Under The Microscope

    Randy Gordon

    If the failed Halliburton-Baker Hughes and Staples-Office Depot mergers collectively constitute a bellwether, we can expect to see fewer horizontal competitors propose mergers in markets that are already concentrated, says Randy Gordon of Gardere Wynne Sewell LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • New Far-Reaching Air Regulations For US Oil And Gas Wells

    Scott Janoe

    The Obama administration recently announced two sweeping final rules to regulate air emissions from oil and gas exploration, production and transportation facilities and has begun a rulemaking process aimed at controlling methane emissions from existing oil and gas facilities, both of which will will place a significant burden on in-house staff, say attorneys at Baker Botts LLP.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Considerations For Power Generation Co. Restructuring

    Deryck Palmer

    Many power generation companies are experiencing difficulties under current market conditions. As restructuring discussions commence across the capital structure, creditors seeking to improve their recoveries should bear in mind lessons learned from recent cases such as Dynegy and Edison Mission Energy, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Recent State And Local Tax Developments In Pennsylvania

    James R. Malone Jr.

    The past six months have brought a number of significant state and local tax cases with wide-ranging effects on businesses and individuals in Pennsylvania, including cases on the corporate net income tax, the Public Utility Realty Tax Act and the Local Tax Enabling Act, among others, says James Malone at Post & Schell PC.