• October 19, 2016

    WTO Deals Blow To US Dumping Policy Again In China Tussle

    A World Trade Organization panel faulted the U.S. government’s anti-dumping duties on Chinese oil pipes and other products on Wednesday, the latest in a series of decisions calling the Obama administration’s approach to trade remedy laws into question.

  • October 19, 2016

    Chicago Trader Settles CFTC’s Spoofing Suit

    A Chicago-based trader facing spoofing allegations announced Wednesday that he has settled with the U.S. Commodity Futures Trading Commission ahead of a January trial to determine if he placed fake orders on several futures markets in order to profit off the ensuing price fluctuations.

  • October 18, 2016

    FPL Looks To Keep Rate Hike Deal On Track

    Florida Power & Light Co. and other parties behind a rate-hike settlement told the state's utility regulator Monday that a hearing on the deal should proceed as scheduled despite a delay request from deal opponent the AARP.

  • October 18, 2016

    Oil Cos. Say $3.6B Collusion Class Action Lacks Fuel

    BP West Coast Products LLC, Chevron USA Inc. and other gasoline refiners asked a California federal judge Monday to once again reject a proposed class action accusing them of conspiring to rig fuel prices in the state, saying an amended complaint is still short on facts.

  • October 18, 2016

    Enviros Sue Norway Over Arctic Oil Licenses

    Norway's plan to allow oil and gas exploration in the Barents Sea violates the country’s constitution and undermines the global climate change accord known as the Paris agreement, Greenpeace Arctic and another environmental group charged in a lawsuit filed against the Norwegian government in Oslo Tuesday.

  • October 18, 2016

    PennEast Decries NJ Agency's Critique Of Pipeline Plan

    PennEast defended its controversial plan for a 118-mile natural gas pipeline through New Jersey and Pennsylvania on Monday, arguing that criticism by a Garden State ratepayer advocate agency demonstrated a “lack of understanding” of how local energy distribution companies contract to use pipeline capacity.

  • October 18, 2016

    ExxonMobil Says IRS Owes It $1.35B In Botched Tax Refund

    ExxonMobil sued the Internal Revenue Service in Texas federal court Tuesday over its multiyear tax refunds, telling the court it's owed a refund of $1.35 billion or more because the agency improperly accounted for a federal fuel credit in assessing its taxes.

  • October 18, 2016

    3 Takeaways From Global Deal To End Use Of HFCs

    The recent agreement by 197 nations to cut down on and ultimately phase out the use of hydrofluorocarbons, chemicals used in cooling systems that have been found to significantly contribute to global warming, was the result of years of planning and compromise, experts say. Here are three key takeaways from the deal.

  • October 18, 2016

    BIA Needs Both Wyo. Tribes' OK For Joint Contracts: Judge

    A Montana federal judge on Monday blocked the Bureau of Indian Affairs from entering into contracts funding government services for two tribes that share a Wyoming reservation unless it gets approval from both, saying the government’s contention that it had stopped agreeing to contracts with just one of the tribes didn’t mean it wouldn’t do so again.

  • October 18, 2016

    GAO Report Sets Stage For Long Fight Over Train Brake Rule

    A recent U.S. Government Accountability Office report suggesting that federal transportation officials may have overstated the benefits of a rule requiring modern braking technology for high-hazard flammable trains will fuel railroads’ efforts to kill that rule in court, experts say, but staunch government and union support means those regulations are far from dead.

  • October 18, 2016

    FERC Has No Say Over Fla. Pipeline, Kinder Morgan Says

    Kinder Morgan on Monday slammed airlines' claims that it doesn't have federal approval to transport jet fuel through a company-owned pipeline to Orlando International Airport and is overcharging customers, insisting its shipments aren’t crossing state lines so they don’t fall under Federal Energy Regulatory Commission jurisdiction.

  • October 18, 2016

    Coal Co.'s Win Won't Diminish EPA's Regulatory Clout

    A recent ruling that the U.S. Environmental Protection Agency shirked its duty to evaluate the employment consequences of its air pollution regulations marked a rare court win for the beleaguered coal industry, but experts say the victory is more political than practical, since the EPA isn't required to alter its regulations based on its employment studies.

  • October 18, 2016

    Deals Rumor Mill: Alibaba, Tatts Group, Royal Dutch Shell

    Alibaba hopes to collect about $1 billion for a fund that will focus on expanding the company's local-services platform, two Australian gambling companies may merge to form a gaming giant worth $7.1 billion, and Royal Dutch Shell is selling a $900 million California refinery.

  • October 18, 2016

    Energy XXI Equity Owners Seek Class Cert. In Ch. 11

    The equity interest owners of Energy XXI Ltd., which filed for Chapter 11 protection in April, asked a federal bankruptcy judge in Texas on Monday to certify the group as a class, and to approve its claim as a class claim.

  • October 18, 2016

    DOI Urges FERC To Approve Klamath River Dam Removal

    The U.S. Department of the Interior on Tuesday backed the removal of four PacifiCorp-owned dams on the Klamath River in California and Oregon, saying that getting rid of the dams is important to restoring the river basin and aiding surrounding communities.

  • October 18, 2016

    Abeinsa Gets Nod For Restructuring Deal With Parent Co.

    Bankrupt alternative energy developer Abeinsa Holding Inc. received permission from a Delaware bankruptcy court judge Tuesday to enter into a master restructuring agreement with its parent company, Spanish firm Abengoa SA, to facilitate a global reorganization plan.

  • October 18, 2016

    Nuke Plant Risks Must Block $971M Pipeline, Enviros Say

    Riverkeeper Inc. on Tuesday renewed its call for the D.C. Circuit to halt construction of a $971 million gas pipeline project to further assess the risk of building it so close to a nuclear power plant, arguing the Federal Energy Regulatory Commission blindly signed off on the Nuclear Regulatory Commission’s inadequate analysis.

  • October 18, 2016

    W.Va. Supreme Court Upholds Coal Co.'s Gas Well Contract

    The West Virginia Supreme Court of Appeals on Monday affirmed a 1998 agreement allowing Consolidation Coal Co. to purchase oil and gas wells from Standard Oil Company Inc., upholding a lower court’s denial of Standard’s challenge to the deal.

  • October 18, 2016

    Tristream Creditors Sue Over Rejection Of Midstream Deals

    A committee representing unsecured creditors of Tristream East Texas LLC, a company that processes oil and natural gas, filed a lawsuit Tuesday in Texas arguing the business cannot reject contracts with other midstream service providers under U.S. bankruptcy law, an unsettled legal issue that has major financial implications for the industry.

  • October 18, 2016

    Samsung Ship Unit Loses Bid For Repair Contract Arbitration

    A Texas federal judge has refused to send a repair contract dispute between oil drilling products manufacturer Trelleborg Offshore and Samsung Heavy Industries Co. Ltd. to the International Chamber of Commerce arbitration court, after finding the controlling agreements in the dispute do not contain arbitration clauses.

Expert Analysis

  • Raising Calif. GHG Targets: A Look At What's Ahead

    Ryan Waterman

    With the recent passing of California's Senate Bill 32 and its companion legislation, Assembly Bill 197, we find ourselves again in a period of transition as the state moves forward with climate change 2.0. We know where the state is heading, but details about how it will get there are still to be developed, say attorneys at Brownstein Hyatt Farber Schreck.

  • Paris Agreement Progress From World’s Largest GHG Emitters

    Eric B. Rothenberg

    With the U.S. and China acceding to the Paris agreement earlier this month, the treaty is on its way to entering into force later this year or early in 2017. Eric Rothenberg and Remi Moncel of O’Melveny & Myers LLP explain what the agreement requires of the world’s two largest economies and how each country plans to meet its obligations.

  • From Fapiao To Gestores: FCPA Risks In China, Latin America

    Saskia Zandieh

    A review of Foreign Corrupt Practices Act matters and corruption scandals involving China and Latin America reveals specific risks areas companies should address when tailoring their compliance programs, say Saskia Zandieh and Alice Hsieh of Miller & Chevalier Chtd.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • What Is 'Real Property'? Looking At The Latest REIT Rules

    Don Lonczak

    The final IRS regulations defining “real property” for real estate investment trust purposes provide welcome certainty with respect to certain assets, including oil and gas storage tanks, silos and offshore drilling platforms. At the same time, the regulations will be a disappointment to many in the solar energy industry, say attorneys with Baker Botts LLP.

  • FCC Licenses: The Forgotten Stepchildren In M&A

    Burt Braverman

    All sorts of nontelecommunications companies — energy providers, railroads, interstate trucking lines, airlines and retailers, among others — rely upon radio and telecom facilities in the operation of their businesses. Failure to comply, in M&A and other transactions, with the regulatory requirements governing the transfer of control of Federal Communications Commission licenses can exact a heavy toll, say Burt Braverman and Christ... (continued)

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.

  • The Right Side Of History: Obama's Administration And DAPL

    Matthew L.M. Fletcher

    After the District of Columbia denied the Standing Rock Sioux Tribe's request for an injunction against the controversial Dakota Access Pipeline, the Obama administration sided with the tribe. However, this lawsuit may just be the opening salvo in a much larger battle for tribal rights, says Professor Matthew Fletcher of Michigan State University College of Law.

  • Rise In Whistleblower Claims Likely With New CFTC Rules

    Lewis M. Csedrik

    Recently proposed regulations would enable the U.S. Commodity Futures Trading Commission to bring enforcement actions against employers that retaliate against whistleblowers, and would expand the agency's authority into an unprecedented area insofar as policing energy and other market participants is concerned, say attorneys with Morgan Lewis & Bockius LLP.

  • Extraction Payment Rule May Lead To More FCPA Scrutiny

    Lara A. Covington

    New U.S. Securities and Exchange Commission rules for resource extraction issuers will create a mandatory disclosure requirement for certain payments that have traditionally fallen under the Foreign Corrupt Practices Act and have not been subject to a mandatory disclosure requirement. An effect is a likely increase in voluntary FCPA disclosures and FCPA investigations, say Lara Covington and Lisa Prager of Holland & Knight LLP.