In a reversal of prior holdings, the Second Circuit ruled last week that a 2012 U.S. Supreme Court decision trumps a New York state ban on filing class actions for statutory damages in federal court, a decision that attorneys say clears the way for an influx of federal actions under the Telephone Consumer Protection Act and similar statutes.
New Jersey’s Public Service Electric & Gas Co. said Wednesday it would build a $1.2 billion power line project along a 30-mile stretch of the state near the New York border to enhance its capability in the more populous areas of its power grid.
Canadian utility owner Fortis Inc. has agreed to a $4.3 billion deal to purchase Arizona-based utility holding company UNS Energy Corp., the companies announced late Wednesday.
The Huff Energy Fund LP and several affiliates urged a Texas appeals court Monday to overturn a judgment worth an estimated $595 million, arguing a trial judge gave an undeserved windfall to Longview Energy Co. after an Eagle Ford shale deal fizzled.
The U.S. International Trade Commission said Friday that it will not lift long-standing anti-dumping duties on low-enriched uranium, or LEU, from France, finding that the duties are still needed to protect U.S. producers of nuclear fuel.
For energy developers in both the conventional and renewable sectors, 2013 was about finding new ways or rediscovering existing avenues to raise cash for their projects. Here, attorneys reveal five trends they have observed in energy project finance over the past year.
Major conservation groups already have expressed outrage over the federal government's decision last week to issue 30-year permits allowing for the accidental deaths of protected eagles caused by wind farms, and experts say expected court challenges from these determined opponents easily could stymie renewable development the rule aims to promote.
A Louisiana appeals court ruled Wednesday that a trial court properly dismissed a landowner’s suit seeking damages from Superior Oil Co., Exxon Mobil Corp., Chevron USA Inc. and other companies for soil and groundwater contamination stemming from their mineral leases on multiple tracts of land.
The Dallas City Council on Wednesday approved a set of restrictive gas drilling regulations that opponents say will virtually bar any development of the Barnett Shale within Dallas city limits, after several years of debate in what has been a divisive issue.
French integrated oil and gas giant Total SA, solar power facility manufacturer Etrion Corp. and California-based SunPower Corp. secured roughly $140 million in financing from the Overseas Private Investment Corp. to build the world's largest solar photovoltaic merchant plant in the Atacama region of Chile, according to a Wednesday statement.
Razrez Ugol, a Russian-Chinese joint venture, has acquired a license for a $902 million project to explore and develop the Zashulanskoye coal deposit in Russia, near the border between the two countries, the venture said Wednesday.
AES Gener SA has obtained a $1.2 billion loan from a banking consortium toward financing its $2 billion Alto Maipo hydroelectric project, the company said in a letter to Chile's securities regulators on Wednesday.
The U.S. Department of Energy will provide $13 million to five projects focused on developing cost-effective ways to manufacture solar power system components in an effort to strengthen domestic manufacturing and speed commercialization of solar power technologies, according to a Wednesday statement.
Tensions between senior executives at Men's Wearhouse and Jos. A. Bank have backed the companies' merger talks into a stalemate, while two U.S. cable TV titans could touch off a flurry of deal-making activity with their prospective tie-up.
Continuing its shift toward exploration and production in North America, Marathon Oil Corp. said Wednesday that it will put production operations in Europe on the block, while sinking the majority of its $5.9 billion 2014 spending plan into developing its North American assets.
An electric generator industry group on Tuesday urged the D.C. Circuit to overturn an Environmental Protection Agency rule imposing new source performance standards on particulates from certain steam generating boiler units, saying the agency had imposed the rule without adequate explanation or notice.
The Pennsylvania Senate voted 42-8 Tuesday afternoon to approve Gov. Tom Corbett’s nomination of Chris Abruzzo to head the state’s Department of Environmental Protection, a week after he made headlines for questioning whether climate change presented a threat.
Unsecured creditors of Overseas Shipholding Group Inc. urged a Delaware bankruptcy judge to limit a proposed extension of the Chapter 11 exclusivity period to no more than two months, saying Tuesday they intend to file their own plan if the oil tanker giant hasn't submitted one by then.
The Seminole Tribe of Florida told the Eleventh Circuit on Tuesday that a lawsuit it brought over state fuel taxes should be reinstated in federal court, despite the state's argument that a lower court's decision to dismiss the case was well-supported.
New Massachusetts carbon regulations approved Monday and similar measures in eight other Northeast and Mid-Atlantic states will lower an existing cap on power plant emissions by more than 70 million tons next year, state officials said.
Recent actions from the D.C. Circuit and the Nuclear Regulatory Commission have resumed the process of considering a disposal facility for spent nuclear fuel and other radioactive waste. If Yucca Mountain or another facility were finally licensed, the financial picture for nuclear power plant owners could be very different — which includes insurance coverage typically purchased by plant owners and operators, says Erin Webb of Dickstein Shaprio LLP.
In light of a recent Pennsylvania Office of Open Records decision, public utilities and other entities providing information to the state's Public Utility Commission must always keep in mind that materials provided to the PUC may become “public records” despite a protective order prohibiting the dissemination of confidential information, say attorneys with Buchanan Ingersoll & Rooney PC.
The first criminal case ever prosecuted under the Migratory Bird Treaty Act against Duke Energy reinforces the importance of developing voluntary compliance mechanisms in cooperation with the U.S. Fish and Wildlife Service to reduce bird mortality — and raises the possibility that more enforcement actions could be on the horizon, say attorneys with Perkins Coie LLP.
Under the new Texas Uniform Trade Secrets Act, there is no reason to expect any less protection for technical and economic information useful in oil and gas exploration and production. A comparison of the factors Texas courts have been using to determine if a trade secret exists and the new statutory definition reveals substantial overlap, say Steve Borgman and David Tobin of Vinson & Elkins LLP.
With a close decision on the question of cap and trade auctions as a tax and at least one appeal of the recent Sacramento Superior Court judgment likely, the fight over the California cap and trade program is far from over. Other states are closely observing legal challenges to California's sweeping AB 32 program and assessing its effectiveness and economic impact, say attorneys at Stoel Rives LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
Recently, the California Department of Conservation, Division of Oil, Gas & Geothermal Resources issued two key documents relating to hydraulic fracturing. Of keen interest is whether these new rules will permit development of the Monterey Shale in a manner that is competitive with the development of oil reserves elsewhere — or whether government involvement will delay development of the world’s largest, deep shale-oil play, say attorneys at Latham & Watkins LLP.
Before a landowner grants an oil & gas lease to a lessee, he should carefully consider some key provisions to protect himself and to maximize economic benefit. For example, always make sure the provisions do not permit the primary term of the lease to extend beyond the stated period absent production, drilling or other operations, say attorneys at Greenberg Traurig LLP.
The U.S. Securities and Exchange Commission has generally not concerned itself with improper conduct involving embargoed countries. But the SEC’s complaint in the recent Weatherford International Ltd. case suggests that the agency takes the position that inaccurate accounting of transactions with embargoed countries can result in violations of the Exchange Act, say attorneys with Ropes & Gray LLP.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.