Energy

  • May 5, 2015

    FERC Rejects Enviros', BP's Challenges To Cove Point LNG

    The Federal Energy Regulatory Commission declined Monday to grant requests from environmentalists and BP Energy Co. that it withdraw its approval of Dominion Resources Inc.’s $3.8 billion liquefied natural gas export facility in Maryland, finding competition and environmental issues have already been adequately addressed.

  • May 5, 2015

    No Proof Of Damage In Land Swindle Suit, Texas Court Told

    A judgment of $15 million in damages entered against Bandier Realty Partners LLC was improper, in part because a Houston businessman allegedly cheated out of buying valuable land near Exxon Mobil Corp.’s future headquarters could not prove the company caused any damage, a lawyer for Bandier told the Houston court of appeals Tuesday.

  • May 5, 2015

    JPMorgan Says RICO Suit Undermines FERC's Power

    A proposed class of California consumers accusing a JPMorgan Chase & Co. subsidiary of rigging electricity prices is trying to improperly piggyback off the bank's $410 million settlement with the Federal Energy Regulatory Commission, the bank argued Monday.

  • May 5, 2015

    Duke Seeks To Pause Shareholders' Coal Ash Derivative Suit

    Duke Energy Corp. urged a Delaware Chancery judge Tuesday to stay a derivative suit that seeks to hold management liable for a spill that released tons of coal ash into North Carolina's Dan River, saying proceeding with the shareholder action would hamper the power company's ability to defend itself it in other litigation.

  • May 5, 2015

    NLRB Gets Backup In 5th Circ. Murphy Oil Arbitration Row

    Law scholars have told the Fifth Circuit that the National Labor Relations Board’s Murphy Oil USA Inc. ruling — that arbitration agreements barring the gas station chain's workers from pursuing class or collective actions were unlawful — was sound under 1932's Norris-LaGuardia Act.

  • May 5, 2015

    'Man Camp' Developers Ran $62M Ponzi Scheme, SEC Says

    The U.S. Securities and Exchange Commission on Tuesday filed suit accusing North Dakota Developments LLC of fraud over an alleged $62 million Ponzi scheme selling interests in short-term housing known as “man camps” for workers in the Bakken oil fields of North Dakota and Montana.

  • May 5, 2015

    Deals Rumor Mill: Microsoft, Alfa, Kompania Weglowa

    Microsoft may bid for cloud-based software giant Salesforce, which has a market value of almost $50 billion, while Mexican oil and gas company Alfa and Harbour Energy may team up to buy Canadian peer Pacific Rubiales Energy for almost $5 billion.

  • May 5, 2015

    Schlumberger Says SLAPP Law Doesn't Protect Ex-Employee

    Trade secret claims by Schlumberger Ltd. against its former intellectual property attorney were not barred by the state's anti-SLAPP statute because the communications she had with her new company were of no public interest, a Texas appellate panel was told on Tuesday.

  • May 5, 2015

    Tribes, Enviros Urge Stronger Review Of Shell’s Arctic Plan

    Environmental and Alaska Native groups are asking regulators to prepare a more extensive environmental impact statement regarding Royal Dutch Shell PLC's proposed exploration drilling plan in the Arctic, according to comments filed with the U.S. Bureau of Ocean Energy Management.

  • May 5, 2015

    ETP Unit Must Pay Taxes On $162M In Stored Gas: Texas Court

    A Texas appeals court affirmed Tuesday that a subsidiary of Energy Transfer Partners LP must pay tax on $162 million in stored natural gas, rejecting arguments in the company's bid for en banc reconsideration that the decision was contrary to good public policy.

  • May 5, 2015

    Honigman Boosts Mich. Practice With 2 PE, Securities Pros

    Honigman Miller Schwartz and Cohn LLP has bolstered its corporate practice in Michigan with the addition of two partners from Kirkland & Ellis LLP and Pillsbury Winthrop Shaw Pittman LLP experienced in private equity, restructurings, mergers and acquisitions, securities and capital markets matters.

  • May 5, 2015

    James River Coal Hits CSX, Others With Clawback Suits

    Bankrupt James River Coal Co. filed adversary suits Monday in Virginia federal court seeking to claw back $4.9 million from vendors and suppliers whose bills it paid before its bankruptcy, including CSX Transportation Inc.

  • May 5, 2015

    Abengoa Scores $200M To Build Nev. Bio Jet Fuel Plant

    An international energy and environmental technology company will build a $200 million biorefinery in Nevada to convert municipal solid waste into jet fuel as part of an initiative by the U.S. Departments of Energy, Agriculture and Navy, it said Tuesday. 

  • May 5, 2015

    Midstream MLP Enterprise Draws $2.5B In Debt Offering

    Enterprise Products Partners LP sold $2.5 billion worth of senior notes Monday, rolling out the offering to refinance debt less than a week after announcing plans to team up with an Occidental Petroleum Corp. affiliate to build a natural gas processing facility in west Texas.

  • May 5, 2015

    Sens. Get Lesson On EPA Carbon Plan Legal Arguments

    Senate Environment and Public Works Committee members on Tuesday tackled the legal theories for and against the U.S. Environmental Protection Agency’s proposed plan to reduce emissions from power plants, as legal experts faced off and delivered starkly different interpretations of the rule’s legitimacy.

  • May 5, 2015

    DOI Royalty Rule Clears Up Tribal Oil Pricing

    Newly finalized U.S. Department of the Interior regulations show the federal government’s commitment to simplifying tribal economic development by redefining the valuation of oil production from leases on tribal lands and should provide greater stability for oil producers and tribes, experts say.

  • May 5, 2015

    Six Flags, NJ Town Sued Over Solar Farm Plans

    Four environmental groups on Monday sued Six Flags Great Adventure and the South Jersey town where the park is located, saying the approval of plans to clear 90 acres of forested land to build a solar facility near the park violates state land-use law.

  • May 5, 2015

    Alstom Fights Ex-Exec's Document Request In FCPA Suit

    Alstom Power Inc. on Monday asked a federal court to block a request from a former executive of its parent company — who is currently facing Foreign Corrupt Practices Act charges over alleged bribes paid to secure a $188 million power contract — for documents turned over to the government during its investigation.

  • May 5, 2015

    Overseas Shipping Plans IPO After Exiting Bankruptcy

    Private equity-backed Overseas Shipholding Group Inc. is chugging toward a $100 million initial public offering, a debut that would mark the crude oil shipper’s return to the New York Stock Exchange after declaring bankruptcy and delisting in 2012, according to a Monday regulatory filing.

  • May 5, 2015

    'Gut And Go' Deal To Undo Kan. Renewable Energy Mandate

    Kansas Gov. Sam Brownback said Monday that conservative groups and the wind industry have struck a legislative deal to make a 20 percent renewable energy mandate nonbinding and define a tax abatement for new projects, in what environmentalists are calling a “gut and go” backroom deal.

Expert Analysis

  • FERC's Internal Fight Over LNG Jurisdiction

    Joseph H. Fagan

    While the majority of the Federal Energy Regulatory Commission's members have consistently held a narrow interpretation of FERC’s jurisdictional purview over liquefied natural gas regulation, Chairman Norman Bay’s dissents reflect a much more expansive view. Now that Bay is commissioner, it remains to be seen whether his views will shape FERC policy on LNG, say attorneys at Day Pitney LLP.

  • The 5th Amendment In Civil Practice: 3 Big Considerations

    Christopher Casamassima

    With the increase in parallel proceedings and actions based on fraud and other white collar crimes, how to handle a company-related witness invoking the Fifth Amendment is becoming increasingly important in civil trials, say Christopher Casamassima and Gregory Boden of WilmerHale.

  • Case Against The Clean Power Plan Could Change Admin Law

    Alexandra M. Bromer

    Looking ahead to the D.C. Circuit's ruling in Murray Energy Corp. v. U.S. Environmental Protection Agency, the pivotal issue will be whether or not the court reaches the merits and decides them. A decision on the merits would require the court blessing the challengers’ argument that judicial review of the rule — in proposed form — is permissible. Such a decision would create significant precedent in the world of administrative law,... (continued)

  • Keystone XL Opponents Won’t Derail Canadian Oil Trains

    Gabriel B. Collins

    The bottom line is that the longer Keystone XL and other pipeline projects are stalled by politics, the more crude oil cars will occupy the tracks between Alberta and the Gulf Coast refineries, with rail playing an increasingly important role for producers and suppliers small and large, says Gabriel Collins of BakerHostetler.

  • High Court Opens Door To Greater State Role In Energy

    Jonathan M. Grossman

    As a result of the U.S. Supreme Court’s ruling in Oneok v. Learjet, wide swaths of conduct continue to be subject to both state energy regulations and generally applicable state laws, including state antitrust laws. It may also subject conduct otherwise permitted by the Federal Energy Regulatory Commission to civil liability, say Jonathan Grossman and Thomas Ingalls of Cozen O'Connor.

  • A Bipartisan Bill On Energy Policy?

    Andrew R. Wheeler

    The U.S. Department of Energy's recently released Quadrennial Energy Review spells out policy recommendations that were well-received by industry and have generated optimism among lawmakers for a bipartisan energy bill. However, as summer approaches, we can expect political rhetoric to heat up on energy, say Andrew Wheeler and Joshua Andrews of FaegreBD Consulting.

  • Italy Withdraws From Energy Charter Treaty: What's Next?

    Lorenzo Parola

    Even if, from a purely political standpoint, Italy’s withdrawal from the Energy Charter Treaty may be interpreted as a negative signal for foreign investors, from a legal perspective such a decision will not have immediate adverse consequences, as investments completed before January 2016 will receive full protection under the ECT, say attorneys from Paul Hastings LLP.

  • New Indonesia O&G Law May Have Investors In A Muddle

    Charles Ball

    Legislators in Indonesia have recently suggested that all petroleum production operations should effectively be state-controlled, making many foreign investors in Southeast Asia’s largest country fear that their assets could in effect be nationalized or "expropriated," say attorneys with Reed Smith LLP.

  • FERC Chairman Seems Quite Concerned With Competition

    Arthur W. Adelberg

    Just one day after he assumed his chairmanship at the Federal Energy Regulatory Commission, Norman Bay issued a warning that state laws protecting or favoring in-state transmission providers may violate the Constitution. While Bay noted such violations were a matter for federal or state courts, his statement offers a glimpse of possible FERC priorities under his leadership, says Arthur Adelberg of Hiscock & Barclay LLP.

  • Wis. High Court Clarifies Contours Of Pollution Coverage

    Matthew T. McLellan

    The Supreme Court of Wisconsin in Acuity v. Chartis Specialty Insurance Co. illustrates that general liability and pollution liability coverages are not mutually exclusive. Rather, where a claim fits the contours of coverage under one policy, the existence of another policy should be of no relevance, say Michael Levine and Matthew McLellan of Hunton & Williams LLP.