• May 23, 2016

    FERC Playing Games In Manipulation Court Fight, Total Says

    A Total SA unit fighting market manipulation allegations in Texas federal court on Monday blasted the Federal Energy Regulatory Commission's request to put off the company's summary judgment bid while the court decides whether it has jurisdiction, and urged the court to hold a hearing on the issue in June.

  • May 23, 2016

    Abengoa Seeks Breathing Room As It Markets US Assets

    Abengoa SA on Friday sought additional breathing room from a Missouri bankruptcy court as it looks to find a third party to purchase some or nearly all the renewable energy company’s U.S. assets while the business continues to explore ways to restructure its debts.

  • May 23, 2016

    Oil Explorer, Biotech Junk IPOs Amid Bumpy Market

    Energy explorer Freeport-McMoran Oil & Gas Inc. and biotech Viamet Pharmaceuticals Holdings LLC scrapped $186 million Friday in combined initial public offerings, revealing that the IPO market remains rocky despite recent improvement.

  • May 23, 2016

    7th Circ. Urged To Rethink FERC Project-Rights Ruling

    A transmission developer urged the Seventh Circuit Friday to reconsider its backing of the Federal Energy Regulatory Commission's decision allowing a regional grid operator to honor non-federal rights of first refusal for regional electricity projects, claiming the erroneous ruling will stifle competition for new transmission projects.

  • May 23, 2016

    EPA's Cooling Water Intake Rule Under Fire In 2nd Circ.

    Industry and environmental groups locked horns Friday over the U.S. Environmental Protection Agency’s cooling water intake structure rule, filing their opening briefs before the Second Circuit in the legal battle over the long-delayed rule meant to save aquatic life from meeting an untimely demise in power plants and manufacturing facilities.

  • May 23, 2016

    Nat'l Oilwell Workers Ask 5th Circ. For 2nd Chance In Bias Row

    Eight African-American men accusing National Oilwell Varco LP of race-based employment discrimination have urged the Fifth Circuit to grant them a new trial, arguing that they were prejudiced by the court’s decision not to exclude certain evidence and opposing counsel’s misconduct.

  • May 23, 2016

    General Atlantic Buys Into Energy Sector Data Provider Argus

    Private equity firm General Atlantic LLC has acquired a majority stake in Argus Media, which provides price assessments and other data for the global energy and commodities markets, in a deal that values the outlet at almost £1 billion ($1.45 billion), the companies said Monday.

  • May 23, 2016

    Ex-Nat'l Oilwell Varco Execs Accused Of $1M Fraud Scheme

    National Oilwell Varco LP accused four fired executives Friday of perpetrating a $1 million scheme whereby the drilling components provider rented heavy machinery at inflated rates from their straw-man company.

  • May 23, 2016

    NRC Tells 2nd Circ. Public Had Say On Indian Point Terror Risk

    The Nuclear Regulatory Commission Monday rejected assertions by environmentalists that it has paid only lip service to the possible impact of fire born of a terrorist assault on Entergy Corp.'s Indian Point facility at a Second Circuit hearing where two judges wondered if the issue was properly before them at all.

  • May 23, 2016

    WV, Texas AGs Press EPA To Stop Clean Power Plan Work

    Two state attorneys general spearheading a legal challenge to the U.S. Environmental Protection Agency's Clean Power Plan on Monday said that they have urged the agency to halt assistance to states implementing voluntary portions of the rule, saying that the EPA is undermining the stay imposed by the U.S. Supreme Court.

  • May 20, 2016

    Texas Justices Beef Up Protections For Trade Secret Owners

    The Texas Supreme Court’s balancing test for how much information parties accused of trade secrets theft are entitled to hear during litigation will protect potential plaintiffs from giving away their most valuable information by forcing trial judges to consider the effect of disclosure, lawyers say.

  • May 20, 2016

    Pa.'s Environmental Chief Quits Amid Email Flap

    Pennsylvania Secretary of Environmental Protection John Quigley has resigned amid reports that he sent an email to advocacy groups complaining about delays in updates he wanted in the state’s oil and gas drilling regulations, according to a statement from Gov. Tom Wolf on Friday.

  • May 20, 2016

    Industry Rips EPA For Overreaching On Chemical Risk Rule

    The U.S. Environmental Protection Agency’s proposed changes to its chemical facility risk management program rule prompted nearly 35,000 responses, with many chemical manufacturers, energy companies and others complaining the agency is imposing onerous compliance regimes and forcing them to publicly release sensitive information.

  • May 20, 2016

    Northern Arapaho To Mediate With Feds In Shoshone Dispute

    The Northern Arapaho Tribe agreed Friday to pursue mediation with the federal government and voluntarily dropped its claims against Eastern Shoshone officials in its suit alleging the Bureau of Indian Affairs wrongly gave the Eastern Shoshone Tribe its blessing to take control of programs regulating joint tribal land.

  • May 20, 2016

    NY Reforms Electricity Regs In Clean Energy Push

    Major electric utilities in New York must file a system efficiency proposal with the state government by Dec. 1, under reformed regulations the state hopes will expand residents’ choices for clean and renewable power, the New York Public Service Commission said Thursday.

  • May 20, 2016

    Regulators Say Alpha Ch. 11 Lacks Enviro Compliance Plan

    Federal and state regulators filed objections on Friday in Alpha Natural Resources' Chapter 11 bankruptcy, telling a Virginia bankruptcy court the proposed plan can't go forward without assurances the coal producer's new owner will live up to environmental laws and obligations.

  • May 20, 2016

    2nd Circ. Says Omnicare Kills Puda Investors' Auditor Claims

    The Second Circuit affirmed a win for Moore Stephens Hong Kong on Friday in an investor suit claiming the accounting firm negligently overlooked fraud by a Puda Coal executive, saying the U.S. Supreme Court's recent Omnicare decision undermines the investors' Securities Act claims.

  • May 20, 2016

    Canadian Regulator Endorses $5.4B Kinder Morgan Pipeline

    Kinder Morgan’s proposed $5.4 billion Trans Mountain Pipeline expansion cleared another regulatory hurdle on Thursday when Canada’s National Energy Board recommended approval of the project, subject to a number of conditions, including those involving safety, emergency response and environmental protection.

  • May 20, 2016

    ND Oil Lease Manager Hits Ch. 11 With $140M Debt

    In a venture capital firm's grip and facing imminent foreclosure, Intervention Energy now hopes to restructure more than $140 million in debt and reorganize itself, according to the North Dakota oil and gas lease manager's Delaware Chapter 11 filing Friday.

  • May 20, 2016

    Florida Landowners Lose Bid To Kill Gas Pipeline Suit

    Florida landowners who urged a federal court to throw out an eminent domain suit brought by Sabal Trail Transmission LLC to clear the way for a $3 billion natural gas pipeline saw their dismissal bid rejected on Friday.

Expert Analysis

  • Gov't Hiring Private Attys Is Proper As A Matter Of Law

    Linda Singer

    Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.

  • In Congress: Trade, Privacy, Fiscal Year 2017


    Before both chambers adjourn at the end of this week, the Senate will continue working its way through fiscal year 2017 appropriations bills, with final consideration of the Energy and Water bill expected Tuesday. The House will tackle a number of legislative items, including several related to trade and business practices. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP share the weekly congressional snapshot.

  • Promoting Renewable Energy After Hughes V. Talen Energy

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    Even after the U.S. Supreme Court’s decision in Hughes v. Talen Energy, the “bright line” between federal and state jurisdiction over electricity regulation is not entirely clear. States still have the authority to implement methods to promote renewable energy generation, but those methods may have to avoid wholesale markets regulated by the Federal Energy Regulatory Commission, says Jennifer Mersing at Stoel Rives LLP.

  • When A Contract 'Runs With The Land' — A Look At The Laws

    Michael G. Connelly

    The determination of whether an oil producer may avoid the burdens of a gathering agreement through rejection in bankruptcy has boiled down to whether the agreement "runs with the land." The applicable state requirement of when an agreement runs with the land will not only determine bankruptcy disputes, but will also inform the negotiation of future gathering agreements, say Michael Connelly and David Fournier of Pepper Hamilton LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • A Review Of Gov't Cases Against Execs In Q1

    Kirby Behre

    In this article, attorneys with Miller & Chevalier Chtd. highlight the most significant cases and government investigations that affected corporate executives in the first three months of 2016.

  • Why Earth Day Is Everyone’s Business

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    The concept of sustainability is no longer just a fad. The effects of climate change have become more dire. This Earth Day, all of us in the environmental law community and beyond need to collectively rise to the challenge of climate change and help our clients and communities embrace the new regime of sustainable enterprise, says Remi Moncel at O’Melveny & Myers LLP.

  • Limiting General Partner Fiduciary Duties Still An Option

    Gail Weinstein

    In Dieckman v. Regency Energy Partners, the Delaware Chancery Court again confirmed that the contractual arrangements set forth in a limited partnership agreement will define the respective rights and obligations of the partners, including the general partner’s fiduciary duties in connection with affiliated transactions, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Jurisdictional Issues In Arbitrating Multicontract Disputes

    Angus Joseph Dodson

    The task of resolving complicated multicontract disputes is like reaching into a basket of snakes, with few clues to tell where one serpent ends and the next begins. But untangling such a knot is important because arbitration requires the consent of the parties, and a decision rendered in excess of a tribunal’s subject matter jurisdiction will be denied confirmation in the courts, says Angus Joseph Dodson at Gibbs & Bruns LLP.

  • How Oil Pipelines Can Mitigate Shipper Bankruptcy Risks

    Filiberto Agusti

    Over the past 10 years, oil pipelines have invested billions of dollars to reconfigure the pipeline network that carries crude oil and petroleum products. However, if a shipper goes into bankruptcy, it may attempt to reject a transportation services agreement on a prospective basis, thus depriving the pipeline of an assured stream of revenue, say attorneys with Steptoe & Johnson LLP.