• December 4, 2016

    Army Corps Refuses Permit For Dakota Access Pipeline

    The Obama administration slammed the brakes on the controversial Dakota Access pipeline on Sunday, refusing to issue a required easement and saying it will conduct a more stringent environmental review to consider alternate routes and consult further with the Standing Rock Sioux tribe, which has bitterly opposed the project.

  • December 2, 2016

    Chancery Sends $2B Westinghouse Merger Fight To Auditor

    A Delaware Chancery judge on Friday tossed a $2 billion dispute over Westinghouse Electric Co. LLC’s purchase of Chicago Bridge & Iron Co. NV’s nuclear construction business, ruling that under the purchase agreement, the matter should be considered by an independent auditor, not the court.

  • December 2, 2016

    Pipeline Protesters Lose Bid To Block Force, Urge Rethink

    A federal judge on Thursday declined to temporarily block two North Dakota counties, a city and law enforcement officers from using excessive force when responding to Dakota Access pipeline protesters, a decision that a group of protesters bringing a class action over such alleged use force immediately moved to have reconsidered.

  • December 2, 2016

    DC Circ. Shuts Down NC Hydro Project Relicensing Fight

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's refusal to allow a clean energy infrastructure private equity firm to intervene in the relicensing process for Alcoa Power Generating Inc.'s hydroelectric project in North Carolina, saying a key argument can't be considered because it was raised too late.

  • December 2, 2016

    Taxation With Representation: Latham, Ropes, Gibson, Weil

    In this week's Taxation With Representation, a Colorado-based communications infrastructure company acquired its regional rival for $1.42 billion, Allstate agreed to buy a private equity-backed consumer warranty company, and Centennial Resources inked an $855 million deal for Silverback Exploration's assets.

  • December 2, 2016

    Mass. AG Says Court Can't Order Exxon Deposition

    Massachusetts Attorney General Maura Healey on Thursday asked a Texas judge to vacate his orders that she give a deposition and present evidence she wasn’t biased in launching an investigation into Exxon Mobil Corp.’s knowledge of climate change in the company’s lawsuit aiming to end her probe.

  • December 2, 2016

    Crystallex Says Venezuela Oil Co. Stalling Over $1.4B Award

    A Canadian mining company that accuses Venezuela’s state-owned oil company of using sham bond transactions to help its owner avoid a $1.4 billion arbitral award urged a Delaware federal judge on Thursday to block the company from appealing his decision, saying there’s no reason to slow down the case.

  • December 2, 2016

    Trump Backs Dakota Access Pipeline, ND Sen. Says

    A North Dakota senator said Thursday that President-elect Donald Trump had “expressed his support” for the controversial, $3.8 billion Dakota Access pipeline, and the senator called on the Obama administration to approve an easement that would allow the pipeline to be completed.

  • December 2, 2016

    Energy MVP: BakerHostetler's Mark Barron

    Guiding oil and gas industry groups to an invalidation of the Obama administration's controversial rule regulating hydraulic fracturing on public lands has helped earn BakerHostetler's Mark Barron a spot on the list of Law360's Energy MVPs.

  • December 2, 2016

    Ill. Legislature OKs $235M Bailout For Nuclear Plants

    Illinois lawmakers closed out their final legislative workday of 2016 on Thursday, passing a $235 million yearly subsidy for nuclear power company Exelon Corp. and its two unprofitable nuclear plants in the state.

  • December 2, 2016

    Texas High Court Will Hear $24M Contamination Suit After All

    The Texas Supreme Court reversed course Friday and decided to hear a case involving a $24.5 million judgment against Sabine Oil & Gas Corp. over radioactive contamination of a contracted landowner's property, withdrawing its May decision denying review.

  • December 2, 2016

    Oil Pipeline's Market-Based Rate Authority OK'd By FERC ALJ

    A Federal Energy Regulatory Commission administrative law judge said Thursday that a Gulf Coast pipeline system owned by Enbridge Inc. and Enterprise Products Partners LP can freely negotiate its rates for crude oil transportation, rejecting arguments that the pipeline would be able to exercise market power to charge excessive rates.

  • December 2, 2016

    PE Firms Intensify Focus On Responsible Investments

    Private equity firms are increasingly factoring in environmental, social and governance issues at potential portfolio companies when making investment decisions, and experts say that the consideration of such nonfinancial parts of a business is quickly becoming a standard practice within the industry.

  • December 2, 2016

    Nigerian Off-Grid Solar Firm Collects $90M From Investors

    A group of private investors has agreed to plug $90 million into Lumos Global to help the Nigerian off-grid solar power firm expand its ability to offer services to small-business and residential customers, the companies said Thursday.

  • December 2, 2016

    Texas High Court Won't Rehear $72M Wrongful Death Suit

    The Texas Supreme Court on Friday refused to reconsider a decision in which it axed a $72 million judgment against a drilling company's insurers linked to the death of an oil rig worker.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Tribes Urge Feds To Boost Collaboration On Major Projects

    Native American leaders have called on federal agencies to be more responsive to tribal concerns about the impact of pipelines and other infrastructure projects and want the U.S. Army Corps of Engineers to scrap its regulations for consulting over sacred tribal sites, according to comments the federal government released Thursday.

  • December 1, 2016

    EFH Floats Revised Ch. 11 Plan That Draws Immediate Fire

    Energy Future Holdings Corp. floated a revised Chapter 11 plan Thursday to address the Third Circuit’s bombshell ruling allowing roughly $800 million in secured noteholder make-whole claims, a move that drew immediate rebuke from unsecured noteholders and is scheduled to be considered by the bankruptcy court in February.

  • December 1, 2016

    ND Drilling Co. Agrees To $8M In Upgrades, Fines With EPA

    Slawson Exploration Co. Inc. will spend more than $8 million to settle Clean Air Act claims of failing vapor control systems at its North Dakota oil and gas production facilities, the U.S. Environmental Protection Agency announced Thursday.

  • December 1, 2016

    Calif. Appeals Court Affirms $2B Gas Plant Approval

    A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.

Expert Analysis

  • In Congress: The End Game

    Richard Hertling

    Republican leaders appear determined to wrap up a week early to allow more time at the start of the 115th Congress in January 2017 for consideration of resolutions of disapproval of “midnight” regulations issued by the outgoing Obama administration under the Congressional Review Act, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Energy Policy In The Trump Era: Part 2

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the second of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP examine the impact of the new administration's attitudes towards the Clean Power Plan, the Paris Agreement and other energy and environmental regulations and policies.

  • The Trump Infrastructure Plan And Its Legal Implications

    Steve Sorett

    The incoming Trump administration's $1 trillion infrastructure plan would rely mostly on private investment, with infrastructure tax credits envisioned as bringing the needed financing to the table. But many questions remain unanswered, including who will decide on the selection and timing of projects, what laws will apply, and how private investors will be paid back, says Steve Sorrett of Kutak Rock LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • OPINION: Time To Recognize Standing Rock's Significance

    Ezra Rosser

    In his second inaugural address, President Obama stated that the most evident of truths, that all people are created equal, guided the United States through Seneca Falls, Selma and Stonewall. We are in a moment that calls for recognition of Standing Rock as a fourth location in this list, says Ezra Rosser, professor of law at American University Washington College of Law.

  • Maine Court's Ruling Short-Circuits Utilities Commission

    Arthur Adelberg

    In a 2014 decision, Maine's Public Utilities Commission used its authority to approve a proposed transaction between a power transmission company and a power generation company, finding that with certain conditions, the transaction would further competition in the state's electric power market. The Maine Supreme Judicial Court's recent overturning of this decision threatens the commission's independence, says Arthur Adelberg of Barclay Damon LLP.

  • A Review Of Key Cases Against Executives In Q3


    Attorneys with Miller & Chevalier Chtd. highlight the third quarter’s most significant cases and government investigations impacting corporate executives.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.