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Energy
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May 22, 2013
Mo. Lawmakers Urge Obama To Rethink Plant Emissions Rule
A group of U.S. lawmakers from Missouri on Wednesday joined a chorus of legislators urging President Barack Obama to press the U.S. Environmental Protection Agency to amend its proposed rule capping greenhouse gas emissions for new power plants, saying it would effectively outlaw any new coal-fired plants.
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May 22, 2013
ExxonMobil Faces Sexual Orientation Bias Claim In Illinois
Anti-bias group Freedom to Work filed a charge in Illinois Wednesday accusing ExxonMobil Corp. of sexual orientation discrimination, based on the energy giant's differing treatment of two fictitious job applicants, one of which listed experience with a gay rights group on her resume.
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May 22, 2013
LNG Export Project Could Pollute Water, Park Service Says
The National Park Service on Wednesday expressed concerns about the potential environmental impact of a proposed eastern Georgia terminal for the overseas export of natural gas, saying the project could lead to increased water pollution and shoreline erosion and harm a protected national monument.
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May 22, 2013
EU Lawmakers Adopt New Offshore Drilling Rules
In what they believe will help avoid a Deepwater Horizon-type disaster, European lawmakers on Tuesday approved offshore drilling regulations that would require producers to prove they have sufficient financial muscle to cover potential accidents and any resulting cleanup and liability before obtaining a drilling license.
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May 22, 2013
Brookfield Closes $163M Hostile Deal For Western Wind
Canada's Brookfield Renewable Energy Partners LP acquired the last of Western Wind Energy Corp.'s stock on Tuesday, squeezing out the remaining minority holders and closing out a $163 million hostile takeover that began last summer.
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May 22, 2013
Fracking Foes Demand Vote On Moratorium In NY
A broad coalition of New York anti-fracking voices pressured proponents of an expansion of the controversial method of gas drilling Wednesday by calling on the Republican-controlled state Senate to allow a bill that would impose a roughly two-year moratorium to come up for a vote.
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May 22, 2013
$18B Iraq Pipeline To Get Boost From Trade Bank
The state-backed Trade Bank of Iraq is gearing up to invest in at least one leg of an $18 billion oil export pipeline network connecting to Jordan, according to a Wednesday report.
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May 22, 2013
API Says EPA Illegally Capped Fuel Standard Comment Period
The American Petroleum Institute on Tuesday cried foul over the U.S. Environmental Protection Agency's decision to leave only 23 days for public comment on new emissions and fuel standards for passenger cars and trucks, insisting that the limited time frame violates the Clean Air Act.
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May 22, 2013
Deals Rumor Mill: Carlyle, Saks, Sony
Carlyle is hoping to raise $2 billion more for Japan-focused investments that will cement its place as a private equity leader in the country, while Sony has opened itself to negotiations with an activist hedge fund that insists the sputtering company should consider an IPO.
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May 22, 2013
Archer Inks $244M Deal To Sell Unit To Clearlake
Oslo, Norway-based oil services company Archer LT announced Wednesday that it is selling one of its North American divisions to an affiliate of Los Angeles private equity firm Clearlake Capital Group LP for $244 million, an all-cash deal set to help payoff some of the company's debt.
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May 21, 2013
EU Oil Price-Fixing Probe Could Rival Libor Scandal
The European Commission's probe of alleged manipulation of crude oil benchmark prices has expanded beyond major oil companies to include energy trading firms, in a crackdown experts say could echo the ongoing Libor scandal in both its sprawling scope and the avalanche of litigation it could bring from energy consumers.
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May 21, 2013
New DOE Head Says Energy Efficiency Is Top Priority
Newly confirmed Secretary of Energy Ernest Moniz told Department of Energy employees at his swearing-in ceremony on Tuesday that his top priority as head of the agency will be advancing clean energy projects and improving energy efficiency.
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May 21, 2013
Chevron Gas Pumpers Fight To Revive ZIP Code Privacy Suit
Motorists who allege Chevron USA Inc. illegally required them to provide their ZIP codes when they paid for gas at the pump with a credit card urged a California appeals court Tuesday to revive their class action, saying their privacy rights trumped Chevron's fraud concerns.
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May 21, 2013
Biz Groups Warn House Panel To Keep Cyber Reforms Flexible
Leaders in the energy, banking and security fields urged the House Energy and Commerce Committee on Tuesday to make sure the government uses flexible, nonprescriptive standards to protect critical infrastructure from cyberattacks, so businesses can adapt to rapidly evolving threats.
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May 21, 2013
White House Calls Keystone Bill A Bid To Skirt Obama
The White House on Tuesday came out strongly against a U.S. House of Representatives bill that would speed up government approval of TransCanada Corp.'s controversial Keystone XL pipeline, insisting that President Barack Obama must have final say on whether or not the project goes ahead.
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May 21, 2013
Lawmakers Receptive To Industry Push For More LNG Exports
Energy producers and industry groups told a receptive Senate committee on Tuesday that a critical opportunity for exporting liquefied natural gas markets will be closing soon and called for federal regulators to quickly approve pending export terminal projects.
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May 21, 2013
BP, La. Fend Off Deepwater Berm Claims In 5th Circ.
A group of commercial oyster harvesters suing BP PLC, Louisiana and several contractors over alleged damages from berms built in the aftermath of the Deepwater Horizon disaster was dealt serious setbacks on Monday by the Fifth Circuit and a Louisiana federal court.
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May 21, 2013
Chevron Sues Sunoco Over Texas Pipeline Deal
A unit of Chevron Corp. fired off a derivative lawsuit Monday in Delaware Chancery Court on behalf of West Texas Gulf Pipeline Co. and against a subsidiary of Sunoco Inc., alleging that Sunoco's representatives on WTG's board approved an unfair pipeline lease.
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May 21, 2013
Edison Strikes $37M Deal Over Malibu Wildfire Damage
Southern California Edison Co. said Monday that it has reached a $37 million settlement with the California Public Utilities Commission over its role in the 2007 Malibu Canyon Fire that charred nearly 4,000 acres.
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May 21, 2013
Sens. Urge DOE Chief To Address Gasoline Price Spikes
The top two Democrats on the U.S. Senate Energy and Natural Resources committee on Monday urged newly minted Energy Secretary Ernest Moniz to restore the agency's monitoring of planned U.S. oil refinery outages, claiming simultaneous refinery shutdowns are leading to spikes in gasoline prices across the country.
Expert Analysis
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E-Discovery In The Cloud: Who Can Get Your Data?
Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
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5 Reasons For Optimism In The Venture Capital Community
Not every company can be the next Facebook. But thankfully, for many startups, generating one billion users is not the end goal, nor should it be. Enter “narrowcasting” — one of a few reasons to be optimistic about venture capital, despite the first quarter of 2013 being the slowest for fundraising since 2002, says David Kaufman of Thompson Coburn LLP.
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Pros And Cons Of Recent Renewable Energy Bill
While the recently introduced bill permitting renewable energy projects to use a master limited partnership structure seems like good policy, there is concern that opening the MLP franchise to projects without a strong track record of producing steady cash flows could result in failed projects and cast a pall over the entire investment category, say attorneys with Sidley Austin LLP.
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Flaws In NY Court's Ruling Of Recent Natural Gas Cases
Recently, a New York appellate court upheld lower court decisions in Norse Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, which found municipal bans on natural gas development to be a valid exercise of home rule. There are a number of reasons, however, that the court should have instead overturned these decisions, says Yvonne Hennessey of Hiscock & Barclay LLP.
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A Troubling Surprise For Construction Projects
Recently, the D.C. Circuit surprisingly overturned a decision that invalidated the U. S. Environmental Protection Agency’s attempt to veto a Clean Water Act “dredge and fill” permit, putting several construction projects under threat of losing permit authorization. Although the case specifically refers to a coal mining operation in West Virginia, it has serious implications beyond the coal industry and state, say attorneys with Dinsmore & Shohl LLP.
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The Historical Context for Examining Industrial Pollution — Part 2
Manufactured gas plants represent the best of the industrial revolution from an environmental perspective, but they have left us today with a very difficult environmental problem that no one in the past could have anticipated, says Neil Shifrin of Berkeley Research Group LLC.
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National Ocean Plan Affects A Sea Of Users
Recently, the National Ocean Council released its final national ocean policy implementation plan, identifying specific actions for federal agencies to undertake to bolster the nation's ocean economy and improve ocean health. These actions could broadly impact a wide range of ocean uses, including offshore energy development, shipping, recreation, fishing and aquaculture, say attorneys with Van Ness Feldman LLP.
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A Material Milestone For Vapor Intrusion
While the U.S. Environmental Protection Agency's long-waited proposed vapor intrusion guidance documents provide more certainty as to how to investigate and assess vapor intrusion, the guidelines could also significantly increase remediation costs, add more uncertainty to business transactions and cause regulators to reopen sites, say attorneys with McGuireWoods LLP.
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Alaska Tests The Scope Of CWA
In Alaska Community Action on Toxics v. Aurora Energy Services, the U.S. District Court for the District of Alaska dismissed the principal claims in a citizen suit addressing fundamental Clean Water Act issues. This decision may now serve as precedent in future litigation implicating the CWA's permit shield or in cases concerning airborne emissions, say attorneys with Crowell & Moring LLP.
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Climate Change Is Heating Up In DC
Even though there probably will not be a major climate change bill passed during the 113th Congress, we can expect a very active next couple of years — the U.S. Environmental Protection Agency will continue to tout new environmental policies and pursue a lengthy regulatory agenda to control emissions from fossil fuel power plants and other industries, say attorneys with K&L Gates LLP.