• October 31, 2014

    EPA Outlines Greater Role For Climate Change Considerations

    The U.S. Environmental Protection Agency on Friday outlined strategies various offices within the agency will take to incorporate climate change considerations into their policies and procedures, such as incorporating the cost of adapting to climate change to a greater extent in economic modeling.

  • October 31, 2014

    EPA Gives Thumbs Up To Texas GHG Permitting Plan

    The U.S. Environmental Protection Agency on Friday approved Texas' program to issue greenhouse gas permits for building new or modified facilities, ending a two-plus-year stretch in which the federal agency handled the permitting duties in the Lone Star State.

  • October 31, 2014

    Pa. Gov.’s $95M Park Drilling Plan Faces 2nd Enviro Suit

    The Delaware Riverkeeper Network on Thursday became the second Pennsylvania environmental group to challenge Gov. Tom Corbett’s plan to lease state park and forest land to raise $95 million for the state’s general fund, claiming that the governor’s executive order violates the state’s constitution.

  • October 31, 2014

    EPA To Give Public More Industry Pollution Data, Giles Says

    Industries regulated by the U.S. Environmental Protection Agency are increasingly likely to face scrutiny from private citizens, as pollutant monitoring technology becomes widely available and government data is easier to use — a trend the agency fully supports, Cynthia Giles, the head of EPA’s enforcement division, told Law360. This is part two of a two-part series.

  • October 31, 2014

    8 Ballot Measures Attorneys Will Be Watching

    Voters on Tuesday will decide the fate of myriad state and local initiatives that address issues as varied as fracking, medical marijuana and care for terminally ill patients. Here, Law360 looks at eight ballot initiatives that could have significant nationwide implications, should they pass or fail.

  • October 31, 2014

    Taxation With Representation: Akin, Cravath, Skadden, Weil

    In this week's Taxation with Representation, Chiquita Brands International Inc. gets picked up by private Brazilian investors with a little help from Skadden and Cravath attorneys, while Western Gas Partners LP buys Nuevo Midstream LLC in a $1.5 billion deal.

  • October 31, 2014

    Insurer Must Pay $50M Of Cameron's Deepwater BP Deal

    A Louisiana federal judge ruled Friday that Liberty International Underwriters Inc. must cover $50 million of a $250 million settlement reached between Cameron International Corp. and BP PLC over Cameron’s failed Deepwater Horizon blowout preventer, but that the insurer doesn’t have to also pay for defense costs.

  • October 31, 2014

    Russia, Ukraine Strike $4.6B Winter Gas Supply Deal

    European Union officials said Thursday that Russia has struck a temporary, $4.6 billion deal with the Ukraine to resume gas supplies to the country — and ultimately, the rest of Europe — through the upcoming winter after supplies were suspended in June amid a deepening diplomatic rift between the nations.

  • October 31, 2014

    Ares Nabs Energy Infrastructure Manager With $4B In Assets

    Ares Management LP is shifting toward a more energy-heavy strategy with a Friday agreement to acquire asset manager Energy Investors Funds, which has $4 billion in its funds.

  • October 30, 2014

    Enviros Attack Wash. Permit For Nuke Plant Water Pollution

    Environmental groups challenged a Washington state decision to issue a water pollution permit to a commercial nuclear reactor in a lawsuit filed Wednesday in Washington state court, claiming the state violated federal and state water quality laws by issuing the permit.

  • October 30, 2014

    Wachtell Asks Judge To Keep Icahn Battle In State Court

    Wachtell Lipton Rosen & Katz filed a motion Thursday urging a New York federal judge to dismiss a Carl Icahn-backed merger malpractice lawsuit on grounds that a state court was considering a “virtually indistinguishable” suit, three weeks after the judge ordered briefing on the issue.

  • October 30, 2014

    Canadian Fracker Hits Target With $724M IPO

    Private equity-backed West Canadian hydraulic fracturer Seven Generations Energy Ltd. raised CA$810 million ($724 million) in its initial public offering Thursday, the company said in a filing, which is about what it had said it expected to raise in an announcement earlier this month.

  • October 30, 2014

    RE Rumor Mill: Steinway, DTE Energy, MWH Global

    Steinway is said to be taking 40,000 square feet on Avenue of the Americas in New York, while DTE Energy is reportedly in talks with Ann Arbor over the Michigan city's potential new Amtrak station and MWH Global is said to be reducing its Chicago office footprint.

  • October 30, 2014

    Title Ruling Can't Alter Gas Lease, Pa. Justices Told

    An Anadarko Petroleum Corp. unit has urged the Pennsylvania Supreme Court to uphold a decision finding that a gas lease agreement it inked with a Tioga County couple in 2006 remains valid as originally drafted despite the subsequent discovery of a deed restriction requiring legal action to resolve.

  • October 30, 2014

    K&L Gates Settles Malpractice Suit, Pulls High Court Appeal

    K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.

  • October 30, 2014

    Devon Energy's Oil Deed Suit Stays Dead In Texas

    A Texas appeals court on Thursday refused to revive a Devon Energy Corp. unit’s suit over oil and gas assets in Louisiana, saying a trial judge had properly dismissed the suit for lack of jurisdiction and allowing KCS Resources LLC to pursue attorneys’ fees.

  • October 30, 2014

    23 AGs Assail EPA's Mercury Rule At Supreme Court

    Attorneys general from 23 states including Michigan, Texas and Alaska asked the U.S. Supreme Court on Wednesday to review the U.S. Environmental Protection Agency’s rule limiting mercury and other toxic emissions from power plants, arguing the agency failed to adequately consider the regulation’s economic impact.

  • October 30, 2014

    BakerHostetler Adds Ex-Haynes And Boone Energy Litigator

    BakerHostetler said Thursday that it has strengthened its litigation and energy and shale practice groups in Houston with the addition of an ex-Haynes and Boone LLP attorney who has extensive experience in international arbitration and the banking sector.

  • October 30, 2014

    Alaska Drilling Project Clears BLM Environmental Review

    The first oil and gas drilling project proposed on federal lands in Alaska cleared a major hurdle Wednesday, as the U.S. Department of the Interior unveiled a final environmental review that it says will limit the ConocoPhillips Co. project’s impact on wildlife and native cultures.

  • October 30, 2014

    Judge Won’t Block Oil Industry Lobbying Website In TM Row

    A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.

Expert Analysis

  • Important O&G Regulatory Developments Come To Pa.

    Tad MacFarlan

    The Pennsylvania Department of Environmental Protection's recent insight into enforcement protocols for the oil and gas industry reaffirms procedures for issuing and resolving notices of violation, establishes a new process for resolving water supply contamination incidents and updates well-inspection policies, say Timothy Weston and Tad MacFarlan of K&L Gates LLP.

  • How Russian Sanctions Impact Energy And Financial Cos.

    The U.S. Treasury and European Union have continued to expand the scope of economic sanctions in response to Russian activities and the political unrest in Ukraine. In this brief video, Sutherland Asbill & Brennan partner Mark Herlach discusses recent key developments and what the latest round of sanctions mean for energy and financial services companies.

  • DOL Crackdown On Texas Employers May Come In 2015

    J. David Giddens

    Texas employers, particularly those in energy and hospitality, may be under increased scrutiny in 2015 from the U.S. Department of Labor’s Wage and Hour Division after it received an 18 percent budget increase and 2,000 additional staffers to crack down on worker retaliation in the Southwest, says David Giddens of Fisher & Phillips LLP.

  • Cyberattack Insurance Challenges Confront Energy Sector

    Glenn R. Legge

    Under pressure from regulators to obtain adequate cyber-risk coverage and lacking underwriters that offer comprehensive catastrophic coverage for losses or liabilities arising out of cyberattacks, global energy companies face multiple challenges when considering cyberattack insurance policies, say attorneys at Legge Farrow Kimmitt McGrath & Brown LLP.

  • A Reasonable Measure Of Unreasonably Small Capital

    Brad Eric Scheler

    A Delaware district court ruling in the case of SemCrude LP is an important reminder that in determining whether a debtor had unreasonably small capital to support a fraudulent transfer claim, a court’s analysis must be based on reasonable foreseeability regarding whether the debtor would be able to continue to generate sufficient cash flow after the transaction, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Margrethe Vestager: The New EU Competition Commissioner

    Stephen Mavroghenis

    Margrethe Vestager inherits the European Commission's competition portfolio from outgoing Spanish Commissioner Joaquin Almunia, whose tenure, while marked with enforcement victories, will leave a bitter pill in the mouths of a number of companies — and their lawyers, say attorneys with Shearman & Sterling LLP.

  • A Constitutional Challenge To EPA's 'Clean Power Plan'

    Scott C. Oostdyk

    Though the U.S. Environmental Protection Agency believes it can compel states to enforce the Clean Power Plan, the law states otherwise. Unless the EPA disclaims any intent to usurp state police power a constitutional challenge will be ripe, say Scott Oostdyk and E. Duncan Getchell Jr. of McGuireWoods LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • Oil Spill Deterrence Sticks In Australian Court

    Jacinta Studdert

    Newcastle Port Corporation v. MS Magdalene Schiffahrtsgesellschaft MBH shows the New South Wales Land and Environment Court's willingness to impose substantial fines for marine pollution offenses and is a useful illustration of the court's approach to sentencing in such matters, say attorneys at Norton Rose Fulbright Australia.

  • Political Pressure May Push FERC, CFTC Closer Together

    Daniel A. Mullen

    Recent congressional dissatisfaction over the settlement involving former Amaranth Advisors LLC trader Brian Hunter's alleged manipulation of the natural gas futures contracts market could ultimately increase coordination between the Federal Energy Regulatory Commission and U.S. Commodities Futures Trading Commission when jurisdictional overlap exists, say Daniel Mullen and Nathan Erickson of Fried Frank LLP.