• December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Tribes Urge Feds To Boost Collaboration On Major Projects

    Native American leaders have called on federal agencies to be more responsive to tribal concerns about the impact of pipelines and other infrastructure projects and want the U.S. Army Corps of Engineers to scrap its regulations for consulting over sacred tribal sites, according to comments the federal government released Thursday.

  • December 1, 2016

    EFH Floats Revised Ch. 11 Plan That Draws Immediate Fire

    Energy Future Holdings Corp. floated a revised Chapter 11 plan Thursday to address the Third Circuit’s bombshell ruling allowing roughly $800 million in secured noteholder make-whole claims, a move that drew immediate rebuke from unsecured noteholders and is scheduled to be considered by the bankruptcy court in February.

  • December 1, 2016

    ND Drilling Co. Agrees To $8M In Upgrades, Fines With EPA

    Slawson Exploration Co. Inc. will spend more than $8 million to settle Clean Air Act claims of failing vapor control systems at its North Dakota oil and gas production facilities, the U.S. Environmental Protection Agency announced Thursday.

  • December 1, 2016

    Calif. Appeals Court Affirms $2B Gas Plant Approval

    A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.

  • December 1, 2016

    IRS Flags Abeinsa Ch. 11 Plan On $19M Tax Claim, Releases

    The Internal Revenue Service objected Thursday to alternative energy firm Abeinsa Holding Inc.’s plan for Chapter 11 reorganization and affiliated company liquidation, saying Abeinsa owes an estimated $18.9 million in back taxes on years of unfiled returns.

  • December 1, 2016

    Ohio-Mich. Gas Pipeline Scores FERC’s Environmental OK

    A proposed natural gas pipeline that would run through Ohio and into Michigan cleared a major regulatory hurdle Wednesday when the Federal Energy Regulatory Commission said the project did not pose any major environmental hazards.

  • December 1, 2016

    Enviros Fight DOE Approval Of LNG Exports At DC Circ.

    The Sierra Club on Wednesday urged the D.C. Circuit to strike down approvals for natural gas export projects in Texas and Louisiana, saying the U.S. Department of Energy should have analyzed the environmental impacts of climate change and new gas production sparked by the projects.

  • December 1, 2016

    Courts Decide Private Utility Battles, Ill. Justices Tell 7th Circ.

    The Illinois Commerce Commission does not have jurisdiction over rate disputes between nonpublic companies that sell electricity and their customers, the Illinois Supreme Court said Thursday in an opinion issued as part of a Seventh Circuit appeal in a proposed class action over alleged overcharging.

  • December 1, 2016

    PE-Backed Energy Developer WildHorse Launches $550M IPO

    Private-equity-backed oil and gas explorer WildHorse Resource Development set terms of a $550 million initial public offering Thursday, guided by Vinson & Elkins LLP, marking the latest energy developer to return to public capital markets.

  • December 1, 2016

    RI Biz Group Urges 1st Circ. To Revive Wind Farm Fight

    A Rhode Island business group on Wednesday urged the First Circuit to revive its challenge to the state's approval of Deepwater Wind LLC's Block Island offshore wind farm, saying a lower court wrongly concluded that the group waited too long to file its lawsuit.

  • December 1, 2016

    Trustee Wants Abeinsa Ch. 11 Plan Rejected Over Releases

    The trustee overseeing Abeinsa Holding Inc.’s Chapter 11 proceedings has objected to the alternative energy firm’s plan to exit bankruptcy, saying it wrongly releases third parties from liability without the express consent of all creditors.

  • December 1, 2016

    Calif., NY Back Conn.'s Renewable Certificate Program

    California, New York and four other states urged the Second Circuit to find that Connecticut's rules on tradable renewable energy certificates don’t conflict with the U.S. Constitution, saying the issue has implications for their own state programs.

  • December 1, 2016

    Landlords Get Class Cert. In Philly Gas Liens Suit

    A group of landlords suing Philadelphia Gas Works for allegedly failing to provide them adequate advance notice before placing liens on their properties for unpaid bills racked up by tenants were granted class certification by a federal judge on Thursday.

  • December 1, 2016

    DOL Botched Coal Miner Black Lung Ruling, 6th Circ. Says

    The Sixth Circuit on Thursday reversed a U.S. Department of Labor ruling that a coal miner was automatically entitled to black lung benefits, saying there was no evidence that the miner worked long enough to be eligible for the automatic disability presumption under the Black Lung Benefits Act.

  • December 1, 2016

    Navajo Energy Co. Urges Nixing Of Mine, Plant Suit

    A Navajo Nation-owned company that operates a coal mine on the tribe's land continued to urge an Arizona federal court on Wednesday to nix a lawsuit in which a handful of groups claim the federal government flouted environmental laws by approving continued, expanded operations of the mine and an adjacent power plant.

  • December 1, 2016

    Bennu Oil & Gas Files For Ch. 7 Bankruptcy In Texas

    Bennu Oil and Gas LLC, a 3-year-old company focused on offshore production in the Gulf of Mexico, on Wednesday filed a voluntary Chapter 7 bankruptcy in Texas, saying it has shuttered operations.

  • December 1, 2016

    SocGen Defends Arbitral Win In Anti-American Job Bias Row

    Societe Generale SA asked a New York federal court Thursday to confirm an arbitral tribunal’s decision against a former energy derivatives executive alleging he was denied a post-merger promotion because of anti-American bias, accusing his lawyers of dealing in hot rhetoric instead of facts.

  • December 1, 2016

    Sioux Leaders Urge Obama To Block Dakota Access Pipeline

    Leaders of the Native American tribes belonging to the Sioux Nation urged President Barack Obama in a letter Wednesday to block the controversial Dakota Access pipeline in North Dakota and said the federal government must protect protesters opposing the project "to avoid a humanitarian crisis."

  • December 1, 2016

    Pa. Grid Rate Changes Are Unreasonable, FERC Told

    Pennsylvania utility regulators and consumer advocates on Wednesday urged the Federal Energy Regulatory Commission to reject proposed rates for transmission facilities recently acquired by a FirstEnergy Corp. unit, claiming the proposal unreasonably hikes rates by nearly 50 percent and provides the company with at least $130 million in annual revenue.

Expert Analysis

  • The Trump Infrastructure Plan And Its Legal Implications

    Steve Sorett

    The incoming Trump administration's $1 trillion infrastructure plan would rely mostly on private investment, with infrastructure tax credits envisioned as bringing the needed financing to the table. But many questions remain unanswered, including who will decide on the selection and timing of projects, what laws will apply, and how private investors will be paid back, says Steve Sorrett of Kutak Rock LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • OPINION: Time To Recognize Standing Rock's Significance

    Ezra Rosser

    In his second inaugural address, President Obama stated that the most evident of truths, that all people are created equal, guided the United States through Seneca Falls, Selma and Stonewall. We are in a moment that calls for recognition of Standing Rock as a fourth location in this list, says Ezra Rosser, professor of law at American University Washington College of Law.

  • Maine Court's Ruling Short-Circuits Utilities Commission

    Arthur Adelberg

    In a 2014 decision, Maine's Public Utilities Commission used its authority to approve a proposed transaction between a power transmission company and a power generation company, finding that with certain conditions, the transaction would further competition in the state's electric power market. The Maine Supreme Judicial Court's recent overturning of this decision threatens the commission's independence, says Arthur Adelberg of Barclay Damon LLP.

  • A Review Of Key Cases Against Executives In Q3


    Attorneys with Miller & Chevalier Chtd. highlight the third quarter’s most significant cases and government investigations impacting corporate executives.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • What History Tells Us About Obama's Antiquities Act Legacy

    John Freemuth

    As the end of the Obama administration approaches there is renewed attention on President Barack Obama's use of the Antiquities Act of 1906. While almost every U.S. president has used his authority under this act to create new national monuments, its use has fueled tensions between the federal government and states over land control, say John Freemuth and Mackenzie Case of Boise State University.

  • Is Momentive Losing Momentum?

    Michael Friedman

    The Third Circuit’s decision last week in the Energy Future case rejected the logic of Momentive that a make-whole provision is not enforceable post-acceleration without specific contractual language to that effect. The decision is a clear break from a recent trend and may give noteholders greater leverage, say Michael Friedman and Stephen Tetro II of Chapman and Cutler LLP.