• September 4, 2015

    Injured Contractor Sues PSE&G Over NJ Explosion

    The employee of a Public Service Electric and Gas Co. subcontractor alleged in a New Jersey court that the utility's negligence caused his injuries in an explosion last year, adding to the mounting litigation over the deadly incident in a condominium complex.

  • September 4, 2015

    Tesoro Tells 5th Circ. Employee Forgery Counts As Theft

    Tesoro Corp. told the Fifth Circuit on Thursday that a Texas federal judge incorrectly ruled that “theft” as defined in its National Union Fire Co. of Pittsburgh Pa. commercial crime policy didn’t cover forged letters of credit that induced it to transfer $24 million worth of petroleum.

  • September 3, 2015

    7th Circ. Nixes Pension Fund Win In Pipeline Co.'s ERISA Suit

    Oil pipeline builder Michels Corp. had no obligation to keep contributing to a union pension fund after the expiration of a collective bargaining agreement, during a period before a new long-term agreement was reached, the Seventh Circuit said Thursday, overturning the judgment of a federal district judge.

  • September 3, 2015

    H5 Turns Over Share Of $9.5B Donziger Judgment To Chevron

    Chevron Corp. settled with legal consulting firm H5 on Wednesday, getting the firm to withdraw its support from litigation against Chevron in Ecuador and assign its entire 1.25 percent interest in a disputed $9.5 billion pollution-related judgment to the energy giant.

  • September 3, 2015

    Pa. AG Wants Power Co. Sanctioned For Incomplete Discovery

    Pennsylvania’s attorney general and acting consumer advocate on Wednesday asked the state’s Public Utilities Commission to sanction Blue Pilot Energy LLC for filing incomplete responses and improper and untimely objections to discovery requests in a suit over deceptive customer price hikes.

  • September 3, 2015

    Patriot Coal Moves Closer To Sale After Resolving CBA Row

    Patriot Coal Corp. and the union representing its miners have agreed to terms on a new collective bargaining agreement, officials confirmed Thursday, helping move along a proposed sale of the company's assets to Blackhawk Mining LLC and averting a potential court showdown with its workers.

  • September 3, 2015

    5th Circ. Won't Rethink Katrina Insurance Penalty Ruling

    The Fifth Circuit on Thursday again upheld a $25.4 million victory for oil field operator Cox Operating LLC in a coverage suit for damage from Hurricane Katrina, denying a bid for rehearing by an insurer who claimed Texas insurance law was misapplied by the lower court in calculating penalty interest.

  • September 3, 2015

    Insurers Should Pay $72M In Rig Death, Texas Justices Told

    The family of a drilling rig worker killed on the job urged the Texas Supreme Court on Thursday to reinstate a nearly $72 million judgment against two insurance carriers, saying they should be on the hook for a default trial judgment against the drilling company.

  • September 3, 2015

    Odor Cos. Didn’t Cause Fatal Gas Blast, Miss. Court Says

    The Mississippi Supreme Court ruled against the survivors of a fatal gas explosion Thursday by finding that companies that manufacture, distribute and use an artificial odor mixed with natural gas were not negligent in failing to warn that the smell can fade during underground gas leaks.

  • September 3, 2015

    Akin Gump Launches New Effort To Advise On Cuba Matters

    Akin Gump Strauss Hauer & Feld LLP on Thursday announced that it has launched a cross-practice, multioffice initiative devoted to advising clients on various matters related to Cuba, and has hired a noted international relations professional with significant experience in U.S.-Cuba affairs as a senior adviser to further the new effort.

  • September 3, 2015

    Costco Can't Duck Taxes On Kitchen Cleanup Utilities

    New York law doesn’t let Costco Wholesale Corp. get refunds for taxes it paid on utilities consumed by its commercial pan washers, even though the washers are used to clean and sanitize kitchen equipment later used to produce goods sold in its stores, a state tax court has ruled.

  • September 3, 2015

    El Paso Urges Chancery To Toss Suit Over $2B Pipeline Deal

    A unit of El Paso Corp. urged the Delaware Chancery Court on Thursday to throw out derivative claims over a $1.9 billion gas pipeline deal, for which the court already found it liable for paying $171 million too much, arguing the suing investor no longer has standing in the case.

  • September 3, 2015

    US Energy Legislation To Watch This Fall

    From the extension of a financial lifeline for the U.S. wind industry to the end of a decades-old ban on crude oil exports, there's plenty of significant energy-related legislation that will get action when Congress returns to the Hill on Tuesday, especially since all legislative bets are off once the calendar turns to 2016 and brings the presidential election with it. Here are the bills worth keeping an eye on this fall.

  • September 3, 2015

    Blankenship Jury Pool Questioned On Coal Mine Ties

    Prospective jurors in the soon-to-open criminal trial of former Massey Energy Co. CEO Don Blankenship face granular questions about their feelings toward coal mining companies and their relationships to people who have been killed in coal mines, according to a questionnaire filed Thursday.

  • September 3, 2015

    3 Charged With Fraud In $54M 'Green Energy' Ponzi Scheme

    Federal prosecutors on Thursday charged the founders of a failed Pennsylvania green energy company with running a $54.5 million Ponzi scheme and selling bogus securities to unlucky investors.

  • September 3, 2015

    EV Energy Pays $259M For Oil, Gas Properties From EnerVest

    EV Energy Partners LP said Thursday that it has entered into four separate agreements with EnerVest Institutional Partnerships to purchase oil and natural gas properties in Pennsylvania, Ohio, Michigan and elsewhere for $259 million.

  • September 3, 2015

    Korean Transformers Being Dumped In US, Commerce Says

    The U.S. Department of Commerce has issued a preliminary determination that two Korean producers of large power transformers have been dumping their wares in the U.S., according to a notice on Thursday.

  • September 3, 2015

    DOE Neglects Worker Exposure To Hanford Vapors, Suits Say

    Washington state, an advocacy group and a union sued the U.S. Department of Energy and its Hanford nuclear site contractor in Washington federal court Wednesday, claiming the department has not done enough to protect workers from harmful vapors at the nuclear and toxic waste site.

  • September 3, 2015

    $971M Gas Pipeline Danger To Nuclear Plant, FERC Hears

    An environmental group on Wednesday asked the Federal Energy Regulatory Commission to consider independent review of a $971 million gas pipeline project it approved in March, saying that the agency ignored serious risks associated with the nearby Indian Point nuclear facility in New York.

  • September 2, 2015

    Zurich Says Gemini On The Hook For Oil-Drilling Fire Damage

    Zurich American Insurance Co. on Wednesday leveled a suit against Pioneer Natural Resources USA Inc. in Texas federal court, seeking declaratory judgment that it owes no duty to defend or indemnify the company for damage allegedly caused by an oil drill that caught fire and destroyed 1,200 acres.

Expert Analysis

  • Exxon Ruling Is Useful For Evaluating NJ Pollution Claims

    David J. Mairo

    A New Jersey judge's recent decision approving Exxon Mobil Corp.'s $225 million environmental damage settlement with the New Jersey Department of Environmental Protection provides owners and prospective purchasers of contaminated New Jersey property the most current set of tools to evaluate natural resource damages, say David Mairo and Dennis Toft at Chiesa Shahinian & Giantomasi PC.

  • Climate Change And The Growing Challenges Of Migration

    Jaime de Melo

    Pressure from climate change is relentlessly building and in order for countries to deal with the resulting migratory pressures they will need to delegate national sovereignty and accommodate far greater migration flows than in recent history — or they will face widespread conflicts, says The Brookings Institution's Jaime de Melo, former division chief of The World Bank's trade policy division.

  • FTC Premerger Notification Office Narrows 2 HSR Exemptions

    Ellen Jakovic

    The Federal Trade Commission Premerger Notification Office's revised guidance on Hart-Scott-Rodino Rules 802.5 and 802.2(h) has significant ramifications, particularly for companies operating in the oil and gas, billboard and communications towers industries, say Ellen Jakovic and Bilal Sayyed of Kirkland & Ellis LLP.

  • EFH May Soon Become A Bankruptcy Mediation Success Story

    Benjamin D. Feder

    The fact that the Energy Future Holdings Corp. Chapter 11 cases have moved in a relatively short period of time from being poised for months — if not years — of contentious litigation to being on the verge of a consensual plan stands as a strong testament to the broad possibilities of bankruptcy mediation, says Benjamin Feder of Kelley Drye & Warren LLP.

  • CPP Is An Opportunity For Appliance And Equipment Industry

    John A. Hodges

    Though no longer one of the Clean Power Plan's "building blocks," demand-side energy-efficient programs will likely still be used by the states when they craft their compliance plans for the U.S. Environmental Protection Agency's final rule. The appliance and equipment industry stands to benefit from increased sales resulting from such measures, but faces a plethora of state requirements, says John Hodges of Harris Wiltshire & Grannis LLP.

  • Stock Price Impact Since Halliburton — What The Data Say

    Stephen Christophe

    Now that a federal judge in Erica P. John Fund Inc. v. Halliburton Co. has established the importance of proving stock price response for class certification, a statistical examination of “price impact” is in order. An analysis of Rule 10b-5 cases filed since the U.S. Supreme Court ruling in the case last year shows the tricky interrelationship between share price movements and disclosures, says Stephen Christophe, professor of fin... (continued)

  • Top 10 Steps When Responding To A Disaster


    In contrast to routine litigation, crises — such as environmental disasters, violent criminal or terrorist acts, explosions, corporate scandals or computer crimes — involve issues and follow timelines that are difficult to foresee. Even though every crisis is unique, there are 10 steps you can take to help mitigate damage and stabilize the situation, say Otway Denny and Jessica Farley of Norton Rose Fulbright US LLP.

  • 5 Considerations For Developing Projects On Native Lands

    James I. Mann

    Native American tribes have a long history of partnering with private enterprises, including developers and lenders, to develop gaming facilities, energy generation facilities and other projects on tribal lands, but these opportunities come with their own unique considerations, say attorneys at Latham & Watkins LLP.

  • Russian Energy Sector Sanctions: 1 Year On

    Wynn Segall

    On Aug. 6, 2014, the United States and the European Union implemented various sanctions targeting the Russian energy sector’s ability to develop long-term exploration and production projects. The addition of a Gazprom oilfield to the U.S. sanctions list on Aug. 7, 2015, shows that Russian energy sanctions continue to evolve with no clear end in sight, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • NY High Court, 2nd Circ. Are No Friends Of Fracking

    Yvonne E. Hennessey

    Not only have oil and gas operators utterly lost the ability to secure drilling permits to develop shale assets in New York due to a statewide ban, but now the New York Court of Appeals and Second Circuit have compounded this injury by affirming the termination of state oil and gas leases at the expiration of their primary term, says Yvonne Hennessey of Barclay Damon LLP.