• October 26, 2016

    Oil Co. Wants CWA Offenses Kept Out Of Well-Plugging Trial

    W&T Offshore Inc. asked a Texas federal judge Wednesday to not allow evidence of a 2013 guilty plea to Clean Water Act violations to be entered into its $44 million dispute over well abandonment liability with Apache Corp., saying Apache’s bid to get the evidence introduced is a smear attempt.

  • October 26, 2016

    Breitburn Energy Fights To Maintain Control Of Its Ch. 11

    Breitburn Energy Partners LP on Tuesday hit back at objections to extend until January the exclusive period in which the oil and gas company can file a Chapter 11 plan of reorganization, telling a New York judge not to honor unsecured creditors' efforts to block a request backed by senior lenders.

  • October 26, 2016

    Midstream Service Cos. Fight Rejection Of Sabine Contracts

    Attorneys for two midstream service companies on Wednesday urged a New York federal judge to overturn a bankruptcy court decision that allowed oil and gas producer Sabine Oil & Gas Corp. to reject gas-gathering contracts in Chapter 11, saying that ruling has riled the energy industry.

  • October 26, 2016

    Consumer Rights Group Calls Chamber 'Prodigious Litigator'

    The U.S. Chamber of Commerce is a “prodigious litigator” that favors big business and other corporate interests over smaller ones and litigates to oppose policies by such federal agencies as the U.S. Environmental Protection Agency, National Labor Relations Board and Equal Employment Opportunity Commission, a report by a consumer advocacy group concluded Wednesday.

  • October 26, 2016

    Blankenship Says Faulty Jury Instructions Led To Conviction

    Ex-Massey Energy CEO Don Blankenship’s attorneys took aim at allegedly faulty jury instructions in appealing his conviction before the Fourth Circuit on Wednesday, saying that the directives made it too easy to conclude that Blankenship willfully violated safety rules at a West Virginia coal mine, according to media reports.

  • October 26, 2016

    Gore Supports Standing Rock's Dakota Access Protest

    Former Vice President Al Gore on Tuesday issued a statement supporting the Standing Rock Sioux Tribe as it protests the completion of the Dakota Access Pipeline, a project that has become a flashpoint for national discourse on Native American rights and environmental justice.

  • October 26, 2016

    Conservation Groups Threaten Suit Over Ohio Wind Turbine

    Bird advocates on Tuesday threatened to sue the Ohio Air National Guard for allegedly violating avian protection laws with plans to build a large wind turbine at a facility near the shore of Lake Erie that lies within a major bird migration corridor.

  • October 26, 2016

    Samson Nets $660M In Series Of Ch. 11 Asset Sales

    Bankrupt oil and gas driller Samson Resources Corp. received court approval Wednesday in Delaware on a series of asset sales that will net the company nearly $660 million, paving the way for a planned debt-for-equity swap that will reorganize the company's $4 billion in debt.

  • October 26, 2016

    Swiss Release $51M In Venezuelan Oil Assets To US

    The Swiss government said it turned over $51 million in frozen assets owned by the Venezuelan state oil company to the U.S. government Wednesday as part of an ongoing probe into allegations of corruption at the South American operation.

  • October 26, 2016

    Eastman Reaches Deal In W.Va. Chemical Spill Fight

    Eastman Chemical Co. said Wednesday it has reached a deal to resolve class allegations over the company's role in a Freedom Industries Inc. coal-processing chemical mixture spill in West Virginia that left nearly 300,000 people without drinking water for days in early 2014.

  • October 26, 2016

    FERC's In-House Civil Penalties Challenged In 5th Circ.

    Fighting more than $200 million in market manipulation penalties, a Total SA unit told the Fifth Circuit on Tuesday that the Federal Energy Regulatory Commission must prove its case against Total and all market manipulation cases in federal courts, rather than in its in-house proceedings.

  • October 26, 2016

    Rainmaker Q&A: Orrick's Christina Guerola Sarchio

    For one of my clients it took me 10 years to get my first matter from them. You have to remember that there are lots of lawyers out there, and lots of relationships already in place. Persistence and resilience are key, says Christina Guerola Sarchio, chairwoman of the class action strike team at Orrick Herrington & Sutcliffe LLP.

  • October 26, 2016

    Pa. Appeals Court Won't Revive Claims Drilling Damaged Well

    A Pennsylvania appeals court on Wednesday declined to revive a landowner’s case that claimed a Range Resources Corp. drilling site caused contamination of his water well by drilling for natural gas nearby, affirming a state agency’s ruling that said he didn’t adequately prove a link between the two.    

  • October 26, 2016

    Basic Energy Gets OK To Draw $30M In Bankruptcy Financing

    EDITING - Bankrupt oilfield service firm Basic Energy Services Inc. received court approval Wednesday in Delaware to make an interim draw of $30 million on a debtor-in-possession financing package and on a schedule to have its reorganization plan confirmed by December.

  • October 26, 2016

    PWC Must Cough Up Docs In NY AG Exxon Climate Probe

    A New York judge on Wednesday ordered PricewaterhouseCoopers LLP to comply with a state attorney general subpoena for documents related to an investigation into whether Exxon Mobil Corp. lied to investors about climate-change-related risks to its business.

  • October 26, 2016

    EFH Pro Fees Near 'Eye-Popping' $400M In Ch. 11

    The rising tab for professional fees and expenses in the massive Energy Future Holdings Corp. Chapter 11 case is nearing $400 million, according to a watchdog committee keeping track of the fees, money a Delaware bankruptcy judge called “eye-popping” Wednesday while acknowledging the case’s complexity.

  • October 26, 2016

    $5.4M Settles SEC Oil Investor Fraud Dispute In Texas

    A Texas company and two executives will pay $5.4 million to settle U.S. Securities and Exchange Commission allegations they perpetrated a scheme to dupe investors in fraudulent oil and gas ventures, according to recent federal court filings.

  • October 26, 2016

    Judge Won't Certify Sabine Creditors' Appeal To 2nd Circ.

    A New York federal judge has declined to certify a bankruptcy judge’s order confirming Sabine Oil & Gas Corp.'s plan for restructuring billions of dollars of debt to the Second Circuit, saying the appeals court has said bankruptcy cases should go through the district court before moving up.

  • October 26, 2016

    Developer, Tribe Defend BIA Approval Of Wind Farm Lease

    The developer of a wind farm and the tribe whose reservation part of it is being built on argued in California federal court Tuesday that the Bureau of Indian Affairs had complied with an environmental law when approving a lease between them, despite claims by a group concerned about protecting golden eagles and migratory birds.

  • October 26, 2016

    Calif. Tribe Wants Documents From Plant Inspection

    The Blue Lake Rancheria Tribe has asked a California federal court for access to documents on the federal government’s inspection of Blue Lake Power LLC's California biomass-fired electricity plant, which the tribe said last week has released excess emissions.

Expert Analysis

  • The Road Ahead: Transportation Innovation Funding In 2017

    Nathan Kron

    The federal government has recently released numerous initiatives and announcements aimed at facilitating transportation innovation. Industry stakeholders need to understand that their participation across seemingly disparate agencies and programs can be enormously beneficial, if not critical, to the successful deployment of these initiatives, say Nathaniel T. Kron and Taite R. McDonald of Holland & Knight LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • DC Circ.'s Clean Power Plan Hearing: Key Points

    Michael Weller

    A close look at the D.C. Circuit's recent en banc hearing regarding the U.S. Environmental Protection Agency’s Clean Power Plan reveals the court's recognition of the importance of the case, as well as its interest in understanding the nuance of key issues, as it deliberates on whether to allow the sweeping restructuring of the nation's power industry to move forward, say Michael Weller and Richard Alonso of Bracewell LLP.

  • Antitrust Authorities Step Up Merger Enforcement

    Howard Morse

    Obama administration antitrust enforcers have faced criticism over the last year for not being sufficiently aggressive. The U.S. Department of Justice and the Federal Trade Commission appear to have responded by increasing enforcement. And the Third Circuit, in FTC v. Penn State Hershey, recently bolstered these efforts, say attorneys with Cooley LLP.

  • A Look At Federal Preemption Of State Drone Laws

    Andrew Zimmitti

    It may be only months before we see litigation challenging restrictive state and local drone laws that encroach upon the Federal Aviation Administration’s regulatory mandate. Industries including utilities, real estate, retail delivery and entertainment/media are likely to be among the first to pursue litigation, says Andrew Zimmitti of Manatt Phelps & Phillips LLP.

  • 3 Key Coal Ash Events To Watch By Year’s End

    Steven A. Burns

    With the barrage of activity currently concerning coal ash, sometimes it can be a challenge to prioritize information. Steven Burns of Balch & Bingham LLP discusses three key events that will impact coal ash oversight and regulation before the end of 2016.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Oil Co. Restructuring Deals Bring Unwanted Tax Burdens

    Michael A. Silva

    Many oil production ventures are structured as limited partnerships, but this structure is coming back to bite investors, who are now learning to their chagrin that they may owe significant taxes as a result of a bankruptcy or an out-of-court restructuring, say Michael Silva and Vince Slusher of DLA Piper.

  • Extraterritoriality: The ATS In Focus

    Perlette Michèle Jura

    Although it is a RICO case, the U.S. Supreme Court’s decision in RJR Nabisco Inc. v. European Community has finally put to rest the debate about whether Morrison’s “focus” test applies to the question of extraterritoriality in Alien Tort Statute cases, say Perlette Michèle Jura and Dylan Mefford of Gibson Dunn & Crutcher LLP.