• July 31, 2014

    Longview Wants $825M Policy Fight Kept In Bankruptcy

    Coal plant operator Longview Power LLC told a Delaware bankruptcy judge Thursday that its suit over an $825 million insurance policy needs to remain before the court because the outcome is crucial to the successful resolution of its Chapter 11 case.

  • July 31, 2014

    Coal Producer New World Resources Seeks Ch. 15 Shelter

    New World Resources PLC, a Dutch coal producer focused on Central Europe, asked a New York bankruptcy court on Wednesday for creditor protection while it pursues a restructuring plan to cut €255 million ($341 million) in debt and raise new capital following years of depressed coal prices.

  • July 31, 2014

    Pro-Enviro Pipeline Decision Won't Doom Pa. Sunoco Project

    A Wednesday decision by two Pennsylvania Public Utilities Commission administrative law judges that a Sunoco Inc. subsidiary cannot avoid local zoning approval for components of a pipeline that would ferry natural gas from western Pennsylvania to a Philadelphia-area refinery will not be the last word on the fate of the project, experts told Law360. 

  • July 31, 2014

    EPA Delays Renewable Fuel Standards Compliance Deadline

    The U.S. Environmental Protection Agency on Thursday extended the deadline for the third time for refiners to show they are complying with the 2013 renewable fuel standards, a change that drew criticism from the oil industry. 

  • July 31, 2014

    Wind Co. Antitrust Claims Not 'Feeble,' 7th Circ. Says

    An attempt by a company that maintains wind turbines to undermine its own antitrust allegations in order to claim an Illinois federal court lacked jurisdiction over it has failed with the Seventh Circuit's finding that the lower court rightly dismissed the underlying case and denied leave to add new claims.

  • July 31, 2014

    DOE Gives Thumbs Up To Oregon LNG Export Project

    The U.S. Department of Energy said Thursday that Leucadia National Corp.’s planned $6 billion liquefied natural gas export terminal on the Oregon coast can export LNG to countries that don’t have free trade agreements with the U.S., the second facility in the Beaver State to earn such approval.

  • July 31, 2014

    Elgin Mining Pays $3.2M To Settle Ky. CWA Cleanup Claims

    Elgin Mining Co. has agreed to pay $3.2 million to settle Clean Water Act issues related to its alleged failure to clean up former mining sites in Kentucky, the U.S. attorney for the Western District of Kentucky said Thursday.

  • July 31, 2014

    CCMP To Pay $890M For Belgian Chemical Co.'s US Biz Unit

    Belgian chemical company Solvay SA has agreed to sell its U.S. sulfuric acid production business to private equity firm CCMP Capital Advisors LLC in a $890 million deal that allows Solvay to refocus on its core businesses.

  • July 31, 2014

    EU Finalizes Latest Russian Sanctions As Moscow Cries Foul

    The European Union on Thursday finalized its harshest round of economic sanctions against Russian financial, energy and defense firms in response to the persistent unrest in Ukraine amid growing cries from Moscow that the measures enacted by the EU and the U.S. are unjustified.

  • July 31, 2014

    Blackstone Funnels Up To $800M Into Asian Energy Venture

    The Blackstone Group LP’s energy private equity arm is investing up to $800 million in Malaysian startup Tamarind Energy to pursue oil and gas development opportunities in Southeast Asia in partnership with the region's host governments and national oil companies, the company said Wednesday.

  • July 31, 2014

    Oneok Will Spend $785M To Beef Up Bakken Infrastructure

    ONEOK Partners LP will spend between $605 million and $785 million over the next two years to expand its natural gas infrastructure in the energy-rich, but infrastructure-poor Bakken Shale of North Dakota, it said Wednesday.

  • July 31, 2014

    2nd Circ. Revives JinkoSolar Sludge Dumping Suit

    The Second Circuit on Thursday revived a shareholder suit alleging JinkoSolar Holding Co. Ltd. failed to disclose that employees at one of the Chinese energy company's plants were dumping toxic sludge into a nearby river, finding a lower court had improperly dismissed the complaint.

  • July 31, 2014

    FERC Preliminarily OKs Relicensing 3 Hydropower Projects

    The Federal Energy Regulatory Commission has preliminarily signed off on relicensing three dam projects in Pennsylvania and Maryland that are collectively known as the Susquehanna River Hydroelectric Projects, according to a draft environmental impact statement issued Wednesday.

  • July 31, 2014

    Apache Exits 2 LNG Projects Amid Activist Pressure

    Texas oil and gas company Apache Corp. announced Thursday that it will pull out of two massive liquefied natural gas projects in Australia and Canada as the company refocuses on growing its North American operations on the heels of pressure from activist investor Jana Partners LLC.

  • July 31, 2014

    PPL Unit Eyes $6B Mid-Atlantic Transmission Project

    PPL Corp. said Thursday that its Pennsylvania-based subsidiary PPL Electric Utilities Corp. is proposing a $4 billion to $6 billion regional transmission project that will improve reliability, create jobs and reduce costs for millions of electricity consumers throughout the mid-Atlantic region.

  • July 31, 2014

    FERC Greenlights Freeport LNG Export Project In Texas

    The Federal Energy Regulatory Commission on Wednesday gave its blessing to Freeport LNG Development LP to build a natural gas liquefaction facility and export terminal at its import facility in Texas, the third LNG export project to receive commission approval.

  • July 30, 2014

    How They Won It: Labaton Scores $265M Massey Settlement

    Labaton Sucharow LLP attorneys struck a deal with federal prosecutors to allow discovery in their securities fraud case alleging Massey Energy Co. misrepresented its poor safety record leading up to the worst U.S. mining disaster in 40 years, providing the leverage needed to reach a $265 million settlement for plaintiffs led by a pension fund last year. 

  • July 30, 2014

    Exxon Denied Court-Supervised Trust For $104M MTBE Verdict

    A New York federal judge denied Exxon Mobil Corp.'s motion to set up a court-supervised trust for the funds Exxon must pay to satisfy its $104 million verdict for polluting New York City's groundwater with methyl tertiary-butyl ether, ruling Wednesday that Exxon lacked standing. 

  • July 30, 2014

    Chesapeake To Buy Back $1.2B In Stock, Swap Wyo. Assets

    Chesapeake Energy Corp. said Tuesday that it’s agreed to pay $450 million to RKI Exploration & Production LLC as part of a land swap in Wyoming’s Powder River Basin as well as spend $1.26 billion to buy back shares of its Utica Shale subsidiary.

  • July 30, 2014

    $3B QR Energy Price Tag Undervalues Co., Suit Says

    A unitholder of QR Energy LP launched a proposed class action in Texas federal court Wednesday, alleging a planned $3 billion sale of the oil and gas operator to Breitburn Energy Partners LP is priced unreasonably low.

Expert Analysis

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • Denied Rule Petitions In Texas Will Have No Day In Court

    Dale Wainwright

    The Austin Court of Appeals' holding in Texas Commission on Environmental Quality v. Bonser-Lain is significant because it precludes private parties from asking courts for "second opinions" on state agency denials of requests for rulemaking, thereby avoiding a protracted and potentially costly resolution of such requests, say attorneys at Bracewell & Giuliani LLP.

  • Dukes May Have Doomed Toxic Tort Class Certification

    Peter E. Seley

    Heightened focus on commonality and the other Rule 23 prerequisites post-Dukes has been a tremendous hurdle for toxic tort class action plaintiffs as courts reject classes based on the individual nature of exposure, causation and damages and the insufficiency of expert testimony, say attorneys at Gibson Dunn & Crutcher LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • EPA Is Holding Flare Users' Feet To The Fire

    J. Tom Boer

    Larger facilities operating multiple flares and larger companies with multiple facilities likely run the greatest risk of enforcement by the U.S. Environmental Protection Agency — recent settlements confirm that the EPA, at least in this initial stage of enforcement, has been targeting larger companies, say attorneys at Barg Coffin Lewis & Trapp LLP.

  • Securing Summary Judgment In Section 1603 Suits Got Harder

    Timothy Jacobs

    The U.S. Court of Federal Claims' recent opinion in Alta Wind I Owner-Lessor C v. United States, one of many Section 1603 energy grant cases filed in recent years, previewed some of the key issues to be decided in these cases — and it does not appear that these issues can be resolved by summary judgment, says Timothy Jacobs of Hunton & Williams LLP.

  • 5th Circ. May Have Created New Rule On Policy Exhaustion

    Stephen P. Pate

    The Fifth Circuit's ruling in Indemnity Ins. Co. of N. Am. v. W&T Offshore Inc. is important because many believed it was implied in umbrella/excess policies that only damages covered by them would count against their retained limit — now carriers wishing to restrict damages against such limits must expressly state so in policies, says Stephen Pate of Norton Rose Fulbright.

  • EPA Unit Rule's Impact Hinges On State Implementation

    Alison M. Nelson

    The U.S. Environmental Protection Agency's proposed rule regarding modified and reconstructed units will potentially affect all fossil fuel-fired electric generating units, and the rule's impact on existing units could be significantly more far-reaching depending on the approach states take toward emission reduction, say Robert Wilkinson and Alison Nelson of Husch Blackwell LLP.

  • Litigator’s Perspective: 5 Tips On Arbitration Provisions

    Daniel T. McCloskey

    It happens all the time. When a dispute arises, two parties find themselves in arbitration, realizing that they might have had more leverage to dictate the terms of the process when they were negotiating the arbitration provision — but missed the opportunity, says Daniel McCloskey of Duane Morris LLP.