• October 24, 2014

    Texas Justices To Mull Cities' Immunity In Power Contract Row

    The Texas Supreme Court on Friday agreed to hear a case that asks whether the Lower Colorado River Authority can sue Boerne and other Texas cities for breach of contract over their early exit from a series of wholesale power agreements or whether the cities have immunity.

  • October 24, 2014

    Challenge To $390M Crimson Exploration Sale Tossed

    A Delaware Chancery judge on Friday threw out claims challenging the now-closed $390 million sale of Crimson Exploration Inc. by Contango Oil & Gas Co., ruling that the suing shareholders didn’t have enough of a case to stand up to either the business judgment or entire fairness standards.

  • October 24, 2014

    French Shipper Raises $130M In Perpetual Debt Issuance

    French shipper Bourbon SA, backed by Luxembourg-based private investment company Jaccar Holdings, said Friday that it has successfully placed its first hybrid bond offering raising €100 million ($126.7 million) in perpetual subordinated debt as the company looks to restructure its finances.

  • October 24, 2014

    Cross-State Rule Will Gain Power As EPA Revises Air Regs

    The U.S. Environmental Protection Agency's revived cross-state air pollution rule won't have much regulatory oomph thanks to subsequent rules that do most of its job, but an expected rewrite of federal air quality standards could restore some bite.

  • October 24, 2014

    Exploration Co. Asks High Court To Take Oil Lease Dispute

    Oil and gas exploration company Century Exploration New Orleans LLC is seeking U.S. Supreme Court review of a decision allowing the government to add additional oil spill response requirements to its drilling lease, saying the decision would give the government free rein to impose new conditions on existing leases.

  • October 24, 2014

    Texas Justices Won't Review Bias Claim In $3.5M Oxbow Case

    The Texas Supreme Court on Friday let stand a $3.5 million judgment against an Oxbow Corp. unit in a dispute over a cogeneration contract, refusing to review a lower court's finding that the Porter Hedges LLP partner who arbitrated the case had not shown bias against Oxbow’s attorneys from Yetter Coleman LLP.

  • October 24, 2014

    Consol Unit's New Permits Don't Ax Selenium Suit, Judge Says

    A West Virginia federal judge on Thursday declined to let a Consol Energy Inc. unit dodge a Clean Water Act suit over alleged selenium pollution from mining operations, ruling that its reissued permits don’t let the company off the hook for past violations.

  • October 24, 2014

    EU Agrees To 40% Cut In Greenhouse Gas Emissions By 2030

    European Union leaders on Friday agreed to cut greenhouse gas emissions by at least 40 percent by 2030, a goal they said would be achieved mainly through an emissions trading system, and adopted renewable energy and energy efficiency targets.

  • October 24, 2014

    DOL Recovers $2M In Back Wages For Solar Project Workers

    The U.S. Department of Labor has recovered nearly $2 million in back wages for construction workers on a federally funded solar energy project in Tonopah, Nevada, the agency said Thursday.

  • October 24, 2014

    Chesapeake Oil Field Affiliate Scraps $863M IPO Plan

    Chesapeake Energy Corp.'s service industry affiliate has pulled its more than two-year-old plans for an $862.5 million initial public offering for undisclosed reasons, according to a regulatory filing Friday.

  • October 24, 2014

    Funders Must Pay Indemnity Costs In $1.6B Excalibur Fight

    A London Commercial Court judge on Thursday ruled that third-party litigation funders are liable for $7.7 million in indemnity costs that defendants Gulf Keystone and Texas Keystone incurred in a doomed $1.6 billion lawsuit over production rights for an Iraqi oil field.

  • October 24, 2014

    Aussie Gas Cos. To Pay $8.3M Over Forklift Cylinder Cartel

    An Australian federal court on Friday ordered two Sydney-area gas companies to pay $8.3 million for promising not to poach each other’s customers and artificially setting prices to discourage competition in the market for liquid petroleum gas cylinders forklifts from 2006-11.

  • October 24, 2014

    Murray Energy Can't Fight EPA Carbon Rule Yet, DC Circ. Told

    The U.S. Environmental Protection Agency told the D.C. Circuit on Thursday that Murray Energy Corp.’s challenge of a proposed rule to limit carbon emissions from existing power plants must be dismissed as premature, since the rule isn’t final.

  • October 24, 2014

    SandRidge Unit MidCon Preps For $100M IPO

    MidCon Midstream LP, a master limited partnership owned by Oklahoma company SandRidge Energy Inc., filed for an initial public offering Friday seeking to raise $100 million to support its business of disposing saltwater produced by rapidly growing oil and gas well construction.

  • October 24, 2014

    Porter Hedges Opens Okla. City Office With Energy Pro

    Houston-based Porter Hedges LLP expanded its energy practice this week with the opening of a new Oklahoma City office led by a former Commercial Law Group PC managing partner with expertise in M&A, real estate and finance.

  • October 24, 2014

    US, Halliburton Fight BP's Bid To Escape Negligence Finding

    Halliburton Energy Services Inc. and the federal government on Thursday panned BP PLC’s bid to escape a finding that it was grossly negligent in the events that led to the Deepwater Horizon disaster, saying there is plenty of evidence to prove its actions were to blame in the case.

  • October 24, 2014

    NRG Blasts Insurer's 'Scorched Earth' Tactics In CAA Row

    A subsidiary of NRG Energy Inc. has accused Illinois Union Insurance Co. in Louisiana federal court of pursuing a “scorched earth” strategy in a coverage dispute over the settlement of a Clear Air Act coal pollution suit, characterizing a discovery request from Illinois Union as a “fishing expedition.”

  • October 24, 2014

    ITC Won't Impose Duties On Electrical Steel Imports

    The U.S. International Trade Commission on Thursday said that no anti-dumping duties will be imposed on grain-oriented electrical steel from China, South Korea, Russia and the Czech Republic, finding that no U.S. industry was injured or threatened by imports of the products.

  • October 24, 2014

    Taxation With Representation: Latham, Vinson, Weil

    In this week’s Taxation With Representation, IBM Corp. sells its semiconductor unit in a $1.5 billion deal while Latham & Watkins’ tax attorneys help QEP Resources Inc. sell its midstream oil and gas business to industry giant Tesoro Corp for a cool $2.5 billion.

  • October 24, 2014

    DC Circ. Lifts Stay On EPA's Cross-State Air Rule

    The D.C. Circuit on Thursday formally reinstated the U.S. Environmental Protection Agency's cross-state air pollution rule that was resurrected by the U.S. Supreme Court in April, rejecting a bid by several states and industry groups to delay implementation until all pending litigation ends.

Expert Analysis

  • 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.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • Why You Should Start Thinking About Upcoming Drone Regs

    William O'Connor

    Companies and trade associations interested in obtaining the benefits of small unmanned aircraft systems should start formulating plans now to help shape the Federal Aviation Administration's much-anticipated notice of proposed rulemaking — likely to issue in mid-December — and the regulations that will come out of it. They need not wait for the notice, say attorneys with Morrison & Foerster LLP.

  • NY Water Withdrawal Just Got Easier For Power Generators

    Yvonne E. Hennessey

    The New York State Supreme Court's precedent-setting decision in Sierra Club v. Martens confirms that electric generating facilities in New York seeking an initial water withdrawal permit under the Water Resources Protection Act will not be subject to the State Environmental Quality Review Act, thus saving time and effort, say attorneys at Hiscock & Barclay LLP.

  • Testing Texas CGL Coverage For 3rd-Party Products

    Kristin C. Cummings

    In U.S. Metals Incorporated v. Liberty Mutual Group Inc., perhaps the most significant issue to be decided by the Texas Supreme Court is whether the incorporation of a defective product into other property constitutes “physical injury” to other component parts of the property, says Kristin Cummings of Zelle Hofmann Voelbel & Mason LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Talking The Talk: Nuclear Energy Lingo For Bankers

    George Borovas

    Three and a half years after the accident at the Fukushima Daiichi nuclear power plant, the nuclear industry is experiencing somewhat of a revival, however the apparent disconnect between its rhetoric and the mindset of financiers must be overcome to stimulate the successful development of new plants, say George Borovas and Helen Cook of Shearman & Sterling LLP.

  • EPA Emissions Proposal May Spur Greater Enforcement

    Nancy MacKimm

    If finalized, the U.S. Environmental Protection Agency's proposal to prohibit excess emissions during periods of startup, shutdown or malfunction in state implementation plans under the Clean Air Act could result in additional enforcement actions for violations of emission limitations during periods of malfunction, say attorneys at Jones Day.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.