• February 10, 2016

    Feds Indict Employees Of Co. Led By Cleveland Browns Owner

    Tennessee federal prosecutors on Tuesday indicted eight current and former employees of Pilot Flying J, the truck stop operator run by Cleveland Browns owner Jimmy Haslam, accusing them of fraudulently withholding diesel fuel rebates from customers.

  • February 9, 2016

    Workers' Comp On Our Side, Subcontractor Tells Court

    An appellate court wrongly decided there was a conflict in the provisions of the Texas Workers' Compensation Act that govern whether a subcontractor should be shielded from a suit filed by an injured worker, subcontractor TIC Energy & Chemical Inc. told the Texas Supreme Court Tuesday. 

  • February 9, 2016

    ND Residents Fight $35M DOE Nuclear Waste Research Project

    Residents of a North Dakota county that could soon be the site of a U.S. Department of Energy project that would research the possibility of storing nuclear waste in rock thousands of feet underground are working to stop the $35 million project, according to an online petition.

  • February 9, 2016

    Hyperdynamics Unit Says Partner Is Hindering Contract Row

    A unit of Houston-based oil and gas driller Hyperdynamics Corp. accused Tullow Guinea Ltd. in Texas federal court Monday of trying to stall proceedings in a case alleging the company and another partner driller used a Foreign Corrupt Practices Act investigation as an excuse to fall through on a petroleum exploration agreement.

  • February 9, 2016

    3 Firms Guide $2.4B Electric Utility Deal

    Algonquin Power said Tuesday it will pay CA$3.4 billion (US$2.4 billion) for a Missouri-based electricity provider, expanding the Canadian company's utility business in the Midwest in a deal steered by Husch Blackwell LLP, Choate Hall & Stewart LLP and Cahill Gordon & Reindel LLP.

  • February 9, 2016

    Exxon, BP End 80-Year Squabble Over ‘Esso’ Name

    A Missouri federal judge on Monday signed off an agreement between energy giants ExxonMobil Corp. and BP PLC that would allow Exxon to again use the “Esso” gas station trademark in the 15 states where it was barred by a Depression-era injunction.

  • February 9, 2016

    NJ Enviros Revive Court Fight Against $225M ExxonMobil Deal

    Four New Jersey environmental groups on Tuesday continued their fight against New Jersey’s $225 million settlement with Exxon Mobil Corp. over pollution, urging the Appellate Division on Tuesday to allow them to join the litigation so they can overturn the deal they say shortchanges the state.

  • February 9, 2016

    Restaurant Asks 9th Circ. To Reheat $100M Blackout Fight

    A California restaurant owner on Tuesday urged the Ninth Circuit to revive his putative class action alleging an Arizona electric utility must cover roughly $100 million in damages from a massive blackout, arguing the utility was negligent under Arizona law because it violated federal regulations governing electricity wholesaling.

  • February 9, 2016

    10th Circ. Asked To Fast-Track BLM Fracking Rule Dispute

    The Bureau of Land Management and environmentalists urged the Tenth Circuit to expedite their challenge to an injunction that blocks a rule governing hydraulic fracturing on federal and tribal land, saying Monday the agency has been left unable to mitigate the practice's risks.

  • February 9, 2016

    Senior CFTC Trial Attorney In Corzine Case Joining Latham

    A senior U.S. Commodity Futures Trading Commission trial attorney who’s been a part of the team prosecuting former MF Global Holdings Ltd. chairman and CEO Jon Corzine is leaving the agency for Latham & Watkins LLP, Law360 has learned.

  • February 9, 2016

    Supreme Court Stays EPA's Clean Power Plan

    The U.S. Supreme Court on Tuesday blocked the implementation of the U.S. Environmental Protection Agency’s Clean Power Plan while it's being challenged in court, dealing a significant defeat to the Obama administration’s efforts to defend the controversial rule slashing carbon emissions from existing power plants.

  • February 9, 2016

    $50B Yukos Award Must Be Nixed, Russia Tells Hague Court

    Russia began in earnest its fight to overturn $50 billion in arbitral awards issued to former shareholders of Yukos Oil Co. on Tuesday at the District Court of The Hague, arguing that the Permanent Court of Arbitration tribunal improperly inserted itself into a strictly Russian tax dispute.

  • February 9, 2016

    Pa. Gov.'s Budget Plan Would Revive Shale-Gas Severance Tax

    As part of his annual budget proposal on Tuesday, Gov. Tom Wolf revived plans to impose a new severance tax on natural gas that his administration said could net upwards of nearly $220 million in new revenue for Pennsylvania's state government.

  • February 9, 2016

    Fla. Utility Blames Verizon In FCC Pole Attachment Dispute

    Florida Power & Light Co. hit back Monday at Verizon’s bid for the Federal Communications Commission to quickly rule on a pole attachment dispute between the companies, saying the issue was of Verizon’s own making and could be resolved by the company paying $6.5 million in owed rent.

  • February 9, 2016

    Deals Rumor Mill: Halliburton, Volkswagen, Siemens

    Halliburton will sell multiple assets to help its $34.6 billion Baker Hughes purchase pass regulatory muster, a number of companies want to buy Volkswagen's unit that makes engines for ships or small power stations and Siemens is nearing a deal to merge its wind business with that of Gamesa.

  • February 9, 2016

    SC Sues Feds Over Plans To Kill Nuke Waste Site

    The state of South Carolina on Tuesday sued the federal government over its failure to complete a multibillion dollar nuclear waste disposal facility, the same day the U.S. Department of Energy proposed shuttering the project that has been plagued by delays, cost overruns and political and legal battles.

  • February 9, 2016

    Kirkland Can't Collect Fee Fight Costs In Samson Ch. 11

    A Delaware bankruptcy judge on Monday refused to allow Kirkland & Ellis LLP and Klehr Harrison Harvey Branzburg LLP to seek reimbursement from Samson Resources Corp. for any expenses from defending their fees, noting a recent Delaware decision blocked similar cost requests.

  • February 9, 2016

    DC Circ. Pauses Oil Train Safety Rule Challenge

    The D.C. Circuit on Monday paused a consolidated challenge to U.S. Department of Transportation safety requirements for trains carrying crude oil, a pause requested by the government after the passage of a new infrastructure law and opposed by environmental groups pushing for stricter rules.

  • February 9, 2016

    Obama Proposes Slight Boost For EPA In 2017 Budget

    The $4.1 trillion budget that President Barack Obama proposed on Tuesday would nudge the U.S. Environmental Protection Agency's funding for 2017 up a fraction to $8.3 billion, but also included a variety of big ticket climate initiatives that would cost billions more over the coming years.

  • February 9, 2016

    Fossil Fuels Would Foot Bill For $320B Clean Transport Plan

    The 2017 budget proposed by President Barack Obama Tuesday aims to cement his climate change legacy in his final year in office, slashing subsidies for fossil fuels as well as calling for fees on crude oil production to help fund a 10-year, $320 billion plan to green the U.S. transportation system.

Expert Analysis

  • A Deep Dive Into SEC’s Latest Mining Disclosure Proposal

    Michael R. Littenberg

    Late last year, the U.S. Securities and Exchange Commission issued its long-awaited proposed rule on the disclosure of resource extraction payments by public companies — the SEC’s second bite at the apple after an earlier rule was vacated in court. Michael Littenberg and Marvin Tagaban of Ropes & Gray LLP detail the scope and requirements of the new proposal and what companies should be doing now.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Re-Evaluating Calif.'s Emergency Drought Regulation

    Lori Anne Dolqueist

    Although California's newly implemented emergency drought regulation includes several opportunities for urban water suppliers to achieve reductions in the conservation mandates, there has been some concern that the extended regulation does not do enough to recognize the value of investments in drought-resilient water supplies and diverse water supply portfolio management, say attorneys at Nossaman LLP.

  • In Congress: Energy, Nutrition, North Korea

    Richard A. Hertling

    North Korea's successful rocket launch Sunday follows on the heels of its alleged hydrogen bomb test in January. House-passed legislation being considered in the Senate this week would impose stricter sanctions on the country. The bill also extends authority to the president to sanction individuals engaging in financial transactions to support any of North Korea’s illicit activities or cyberthreats, say Richard Hertling and Kaitlyn... (continued)

  • FERC 'Seaway II' Order Is A Win For Oil Pipeline Industry

    Emily Pitlick Mallen

    The importance of the Federal Energy Regulatory Commission's recent decision regarding Seaway Crude Pipeline Company LLC extends beyond the purview of the Interstate Commerce Act's pipeline regulation. It provides some of the strongest words on FERC’s primacy over its administrative law judges' authority and sets an important precedent on ratemaking principles, say attorneys at Van Ness Feldman LLP.

  • 'Uptiering' As A Strategy To Restructure Oil Cos.

    Jennifer Wisinski

    The key question that many exploration and production companies currently face is what the best strategic options to survive the depressed crude oil price market are. The most notable development in 2015 in out-of-court restructurings has been the use of junior-lien financings and “uptiering” transactions, say attorneys with Haynes and Boone LLP.

  • Oklahoma Quakes Trigger Legal Concerns For Energy Cos.

    Daniel M. McClure

    With more than 70 earthquakes shaking Oklahoma since the start of the year, seismicity is staged to remain a focus for the energy industry in 2016. Earthquake litigation appears to be trending up, and a variety of patterns are becoming apparent to ensure that seismic risk mitigation investments are efficiently targeted at a time when the energy industry faces tightening financial pressures, say attorneys at Norton Rose Fulbright.

  • Navigating EU’s Ownership Unbundling Rules

    Filip Moerman

    The strict rules passed by European authorities in 2009 to curtail conflicts of interest resulting from the simultaneous holding of transmission and production interests are often perceived as stymieing energy investment. Investors will need to make a convincing case, through detailed and effective mechanics, that the risk for conflict of interest and undue influence is properly contained, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • CPUC Net Metering Decision Is Good News For Clean Energy

    Sheridan J. Pauker

    While the California Public Utilities Commission's approval of a new tariff structure for future net energy metering customers will impose certain fees and increase monthly ratepayer charges, it has been strongly praised by the clean energy industry as largely preserving the economics of a customer's decision whether to install distributed energy resources, say attorneys at Wilson Sonsini Goodrich & Rosati.

  • The Yieldco Catch-22 Is Solvable

    Robert Winner

    2015 was a tough year for stock prices of yieldcos, and that pain continued into 2016, with yieldcos dropping an average of 43 percent in price per share over the last 12 months. But not all is lost for the future of yieldcos, says Robert Winner at Seyfarth Shaw LLP.