Energy

  • July 2, 2015

    Hess' $84M Tax Refund Suit Doesn't Belong In NY: Judge

    A New York federal judge tossed an $84 million tax refund suit lodged by Hess Oil Virgin Island Corp. against the U.S. Virgin Islands on Thursday, ruling that the Virgin Islands do not qualify as the United States in light of its “unique” tax structure.

  • July 2, 2015

    Molycorp Gets Nod For $22M Interim Loan From Oaktree

    A Delaware bankruptcy judge gave Molycorp Inc. the green light for $22 million in much-needed financing on Thursday, allowing the rare-earth company go with a interim debtor-in-possession loan from secured creditor Oaktree Capital Management LP rather than a competing financing package offered by bondholders.

  • July 2, 2015

    BP Out Of Deepwater: The 5-Year Path To A Record Settlement

    BP Exploration & Production Inc.'s $18.7 billion global settlement Thursday caps a five-year court battle over the deadly 2010 Deepwater Horizon explosion. Here's a timeline of the case that fell just short of the U.S. Supreme Court and ended in the largest environmental settlement in U.S. history.

  • July 2, 2015

    Without A Deal, BP Would Have Faced Harsher Penalties

    Despite the magnitude of Thursday’s $18.7 billion settlement that ends most of the litigation over BP Exploration & Production Inc.’s liability in the Deepwater Horizon disaster, experts say the company could have been hit even harder had the overseeing judge been able to hand down a penalty of his own.

  • July 2, 2015

    Fed. Circ. Chops $100M Off Schlumberger Patent Verdict

    The Federal Circuit on Thursday threw out about $100 million of a $124 million damages award that oil field services provider Schlumberger Ltd. won in a patent suit against rival Ion Geophysical Corp., ruling that lost profits cannot be awarded for damages resulting from contracts performed abroad.

  • July 2, 2015

    Oklahoma Sues EPA Over Clean Power Plan

    Oklahoma’s attorney general on Wednesday filed suit against the U.S. Environmental Protection Agency, alleging that its Clean Power Plan is an abuse of power that, despite a D.C. Circuit court’s ruling, can’t wait until its final stage to be stopped.

  • July 2, 2015

    Wolf Hollow Denied El Paso Marketing Contract Damages

    Wolf Hollow I LP cannot recover damages from a contract dispute with El Paso Marketing LP over the supply of natural gas to an electric generation facility in Texas, a Houston appeals court ruled Thursday.

  • July 2, 2015

    Platinum Power Inks Deal For $845M Hydro Plant In Cameroon

    Private equity-backed Platinum Power SA, a Moroccan renewable energy company, said Wednesday it has reached a deal with the Cameroonian government to build a 500 billion CFA franc ($844.9 million) hydroelectric power plant in the country’s Centre Region.

  • July 2, 2015

    Enviros Move To Revoke Shell's Seattle Port Lease

    Environmental groups asked a Washington state judge Thursday to vacate the Port of Seattle’s lease approving a home port for Royal Dutch Shell PLC’s Arctic drilling fleet, saying it doesn’t meet the exemptions to bypass public hearings and an environmental review.

  • July 2, 2015

    Navajo Leaders Call Water, Infrastructure Top Priorities

    The Navajo Nation has named water rights and infrastructure as its top two concerns after a meeting of its branch chiefs and the 23rd Navajo Nation Council, the tribe’s leaders announced Wednesday, raising the possibility of establishing property taxes in the face of a budget shortfall.

  • July 2, 2015

    Oil Pollution Act Case Over Texas Barge Spill OK'd For Trial

    The U.S. government's Oil Pollution Act claims against two industrial corporations will head to trial, after a Texas federal judge denied dueling summary judgment bids Tuesday in the suit over a barge's oil spill.

  • July 2, 2015

    NRC Revives License Renewal Process For Calif. Nuke Plant

    The U.S. Nuclear Regulatory Commission announced it is reviving the long-suspended environmental review process for a California nuclear power plant’s license renewal, requesting public comment on the planned environmental impact statement.

  • July 2, 2015

    Proskauer Can’t Shake OSG's $255M Tax Malpractice Suit

    A New York appeals court on Thursday rejected Proskauer Rose LLP’s bid to dodge a malpractice suit alleging that faulty legal advice triggered a more than $255 million tax liability for Overseas Shipping Group Inc., finding the oil tanker company had sufficiently pled a valid claim.

  • July 2, 2015

    Emissions Pacts Pave Way To Keystone Approval, US Told

    TransCanada Corp. has continued pushing the U.S. Department of State to speed up its review process for the cross-border Keystone XL pipeline, telling the department that recent commitments by the Canadian government and others to cut carbon emissions only further the pipeline’s cause.

  • July 2, 2015

    M&A Boom Soars To Highest First-Half Clip In 8 Years

    Coming off a robust 2014, corporations kicked up their buying spree again in the first half of 2015, led by deal-hungry health care and pharmaceutical companies and buoyed by cheap financing that has fueled the mergers and acquisitions boom to its highest level in eight years.

  • July 2, 2015

    Energy Groups Knock Exemption To Rule On Threatened Bat

    Two energy industry groups say that an exemption to a U.S. Fish and Wildlife Service rule protecting the northern long-eared bat should apply to oil and gas activities if it applies to the timber industry, and urged the agency to amend its decision.

  • July 2, 2015

    Skanska Inks $255M Deal To Build NY Power Plant

    Swedish construction giant Skanska AB said Thursday it has signed a $255 million contract with an electric power development and asset management company to build a new 675-megawatt, natural gas fired power plant in New York.

  • July 2, 2015

    BP Reaches $18.7B Deal To Settle Deepwater Claims

    BP Exploration & Production Inc. on Thursday reached an $18.7 billion global settlement — the largest in U.S. history — over its role in the 2010 Deepwater Horizon disaster, a deal that follows the company’s failure to convince the U.S. Supreme Court to reconsider its liability under the Clean Water Act.

  • July 1, 2015

    EPA Tells DC Circ. Challengers To GHG Rules Lack Standing

    Petitioners seeking an en banc rehearing of a judgment partially upholding greenhouse gas rules will actually experience further harm if they get what they want, the U.S. Environmental Protection Agency told the D.C. Circuit on Wednesday, saying the petitioners lack standing.

  • July 1, 2015

    Williams Cos. Brass Sued For Snubbing $53B ETE Merger Offer

    An investor in Williams Cos. Inc. launched a class action Wednesday in Delaware Chancery Court, claiming the energy giant brass' resistance to a takeover attempt by Energy Equity Transfer LP’s valued at $53 billion and refusing other ideas would harm shareholders.

Expert Analysis

  • Haze Of Uncertainty Surrounds EPA Vapor Intrusion Rules

    Donald D. Anderson

    Thirteen years after releasing an initial draft and two years after issuing a draft for public comment, the U.S. Environmental Protection Agency at last released its final vapor intrusion guidance document, though how the guidance will be used — or misused — in environmental and tort litigation is uncertain, say attorneys at McGuireWoods LLP.

  • A Possible Pattern In EPA Cases Before The High Court

    Thomas R. Wood

    What's so striking about the U.S. Supreme Court's ruling in Michigan v. U.S. Environmental Protection Agency is its similarity to the court's ruling last year in Utility Air Regulatory Group, which struck down, in part, the EPA’s regulation of greenhouse gases under the prevention of significant deterioration program, says Thomas Wood of Stoel Rives LLP.

  • The Recast Brussels Regulation And EU Gazprom Decision

    Serena Cooke

    By making it clear that the Gazprom case fell to be determined by the Brussels I Regulation and without reference to the Recast Regulation, and by failing to take the opportunity to revisit West Tankers in light of the Recast Regulation, the EU Court of Justice avoided addressing the most controversial aspect of Advocate General Melchior Wathelet's opinion — and has undoubtedly created future problems for itself, say Serena Cooke a... (continued)

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • Flawed Federal Oversight Hinders Tribal Energy Development

    Ryan A. Smith

    Indian tribes and their members are together the third-largest owner of domestic mineral resources, including oil, gas and coal. Until the federal review process is significantly streamlined and made more predictable, tribes will continue to have difficulty developing their resources, and potential private partners will be less inclined to make the necessary investments, say Ryan Smith and Teddy Tanzer of Brownstein Hyatt Farber Schreck LLP.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • A Battle In The Making: Second-Lien Vs. High-Yield Debt

    Raniero D’Aversa

    As oil and gas companies become increasingly leveraged in an effort to alleviate liquidity constraints, parties such as holders of second-lien debt and high-yield bonds will be front and center in negotiating a company’s restructuring plan — a process that will likely be contentious as they attempt to allocate unencumbered assets between them, say Raniero D’Aversa and Peter Amend of Orrick Herrington & Sutcliffe LLP.

  • A Look At Who's Investing In Latin America

    Latin America is open for business and the world is taking notice. Foley & Lardner LLP partner Jeffery Atkin discusses which countries are actively taking on development projects in Latin America and how the culture is affecting their work there.

  • Bankruptcy Avoidance Risks In Oil And Gas Transactions

    Elizabeth Y. Spencer

    Over the past several months, the economics of the oil and gas industry have changed dramatically. With lower energy prices, so too have profit margins and working capital fallen, highlighting two often confused provisions of bankruptcy law that may potentially impact relationships with distressed companies — fraudulent transfers and preferences, say attorneys at Holland & Hart LLP.

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.