• February 20, 2015

    ATP's Asset Sale And $44M Trust Survive Challenge

    A Texas federal judge on Thursday dismissed a challenge to bankrupt ATP Oil & Gas Corp.’s sale of assets to Bennu Oil & Gas LLC, concluding that the plaintiff, a company with joint liability for certain decommissioning obligations, lacked standing to challenge the sale.

  • February 20, 2015

    PE-Backed Arc Logistics, GE Put Up $216M For Crude Assets

    Private equity-backed Arc Logistics Partners LP said Friday it would team with General Electric Co.'s energy investment unit on a $216 million deal for the membership interests of Joliet Bulk Barge & Rail LLC, owner of a crude oil terminal and an almost-complete pipeline.

  • February 20, 2015

    DC Circ. Says FERC Can Regulate Trans-Alaska Pipeline Rates

    The D.C. Circuit gave its approval to a cost-sharing agreement controlling shipping rates along the Trans-Alaska Pipeline System that had been challenged by Tesoro Alaska Co., ruling Friday that the Federal Energy Regulatory Commission could indirectly regulate intrastate oil prices as a byproduct of its interstate powers.

  • February 20, 2015

    Calpine, Harvard Law Professors Defend EPA Carbon Plan

    Natural gas power company Calpine Corp. and a group of Harvard University law professors on Thursday told the D.C. Circuit that the EPA must be allowed to finalize its greenhouse gas reduction plan for existing power plants before any legal challenges may be decided.

  • February 20, 2015

    Texas Justices Take Up Case Over Houston Clean Air Law

    The Texas Supreme Court on Friday agreed to hear an appeal seeking to strike down Houston’s clean air ordinance, taking up a petition by Exxon Mobil Corp., The Dow Chemical Co. and other energy and industrial companies that filed a lawsuit against the city.

  • February 20, 2015

    FERC Greenlights Puerto Rico Offshore LNG Project

    The Federal Energy Regulatory Commission said Friday that Excelerate Energy LP’s proposed liquefied natural gas terminal off the coast of Puerto Rico would have little negative environmental effect if mitigation measures are taken and its pipeline is moved away from protected coral reefs, according to a final environmental impact statement

  • February 20, 2015

    Canada Increases LNG Tax Breaks To Boost Industry

    Canada on Thursday said it will more than triple a tax break available for liquefied natural gas equipment and boost another in a bid to increase investment in the country and strengthen the nation's position in the global energy market.

  • February 19, 2015

    Nat'l Oilwell Varco Patent Suit Axed For Ownership 'Mess'

    A Texas federal judge on Tuesday tossed National Oilwell Varco LP’s infringement suit against Omron Oilfield & Marine Inc. over an automatic drilling system patent, ruling NOV failed to sort out the “mess” it made over which corporate entity actually owned the patent.

  • February 19, 2015

    Dam's Neighbors Aren't Liable For Upkeep, NY Court Says

    A New York appeals court on Thursday said the New York State Department of Environmental Conservation erred in determining property owners Robert Berger and David and Jody Cook are liable for operating and maintaining the Honk Falls Dam in Wawarsing, New York, which has been designated a hazard by regulators. 

  • February 19, 2015

    EPA Issues Final Texas GHG Permit To Bring $200M Plant

    The U.S. Environmental Protection Agency on Thursday announced its last federal greenhouse gas permit in Texas, paving the way for a $200 million power plant and officially ending a two-year stretch in which the agency handled permitting duties in the state.

  • February 19, 2015

    EFH Bondholders Fail In Appeal Of $4B Bankruptcy Deal

    Bankrupt Energy Future Holdings Corp. can refinance $4 billion in debt via a tender offer, a Delaware district judge ruled on appeal on Thursday, shooting down the affected creditors’ protests that they have to be treated equally and that the move could invite a Wild West of pre-confirmation settlements.

  • February 19, 2015

    EPA Defends Small Boiler Rule At DC Circ.

    The U.S. Environmental Protection Agency on Wednesday told the D.C. Circuit its rule limiting toxic emissions from small-sized boilers should stand, arguing industry groups opposing the rule wrongly have tried to force the agency to consider malfunctions in its standards.

  • February 19, 2015

    Chevron Unit Hit With $3M Suit Over Pa. Shale Leases

    A Pennsylvania company slapped a Chevron unit and a Texas-based oil drilling company with a $3.2 million suit in a Pennsylvania federal court Wednesday, alleging the companies had breached the terms of shale gas leases and caused it to lose a chance to sell those leases.

  • February 19, 2015

    Ohio Fracking Ruling Leaves Some Leeway For Local Control

    Municipalities looking to regulate fracking within their jurisdictions may have been disappointed with Tuesday's Ohio Supreme Court ruling that the state has sole authority over oil and gas permitting, but experts say local governments may not have lost all control over the industry.

  • February 19, 2015

    Pa. Justices Again Break From Pack On Energy Law

    A Pennsylvania Supreme Court decision denying Cabot Oil & Gas Corp.’s bid to extend a natural gas lease to make up for drilling time lost to litigation marks another break from the path traveled by other oil and gas producing states, but attorneys on both sides don’t anticipate a surge in landowner litigation.

  • February 19, 2015

    Seneca Accuses Pa. Town Of Unlawfully Blocking Waste Well

    Natural gas company Seneca Resources Corp. filed suit Wednesday against a Pennsylvania town that it accuses of circumventing a U.S. Environmental Protection Agency ruling by passing an ordinance that would prevent the company from storing fracking waste in an underground well.

  • February 19, 2015

    Rural Energy Group Urges FERC To Rein In Clean Power Plan

    A group representing hundreds of rural electric cooperatives urged the Federal Energy Regulatory Commission on Thursday to try to limit the impact of the U.S. Environmental Protection Agency’s proposed Clean Power Plan, saying it could push up the cost of electricity and make it much less reliable.

  • February 19, 2015

    Enviros Sue To Stop Calif. Offshore Fracking Permits

    The Center for Biological Diversity sued federal offshore drilling regulators on Thursday seeking to stop fracking off the coast of California, arguing the agencies were “rubberstamping” permits without analyzing the environmental impact of the oil drilling.

  • February 19, 2015

    Wyo. Bill That Could Fund Coal Export Projects Clears Panel

    A committee of the Wyoming Legislature approved a bill on Wednesday that would let a state agency provide as much as $1 billion in bond funding to infrastructure projects located outside the state, potentially paving the way to export Wyoming coal to Asia.

  • February 19, 2015

    Pa. Bills Push Utilities To Use Renewables, Conserve Gas

    A Pennsylvania state lawmaker unveiled a trio of bills on Thursday aimed at increasing reliance on alternative energy sources and requiring natural gas utilities to devise and implement conservation programs.

Expert Analysis

  • FCPA Trends From The Last 6 Months

    Greg Deis

    After a relatively quiet third quarter in which there was only one corporate settlement of a Foreign Corrupt Practices Act enforcement action, 2014 ended with a flurry of activity, including the largest criminal penalty ever levied under the FCPA. Resolutions in the second half of the year highlight the value the agencies place on timely self-disclosure, full cooperation and remediation, say attorneys with Mayer Brown LLP.

  • EPA Methane Strategy May Sit On Policy Back Burner

    Cynthia AM Stroman

    While it remains to be seen whether Congress will act to disapprove the U.S. Environmental Protection Agency's methane emissions reduction strategy, at a surficial level, its limitation to “new” sources might place it lower on Capitol Hill’s priority list, says Cynthia Stroman of King & Spalding LLP.

  • 3 In-House Management Strategies For 2015

    James A. Merklinger

    Bank of America Corp.'s new litigation model boasts 80 percent fixed fees. At United Technologies Corp., 70 percent of legal fees were “alternative” as of 2013. And Caterpillar created a sophisticated “legal lane” strategy to save time and money. Companies looking to work smarter in 2015 should keep in mind that key to these achievements was appointment of a legal department chief operating officer, says James Merklinger of the Ass... (continued)

  • Your Energy Tax Credit May Not Be Safe

    Jennifer A. Ray

    W.E. Partners II LLC v. U.S. is highly relevant to taxpayers planning to use the Section 48 investment tax credit to finance certain kinds of energy property. It is possible that the IRS will use this case to argue that, for example, the credit is not available for all of the costs of building an open-loop biomass cogeneration facility, say Jennifer Ray and David Blair of Crowell & Moring LLP.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.

  • Changes To Japan's Feed-In Tariff Scheme Are Coming

    Joshua R. Isenberg

    While the proposed amendments to Japan's feed-in tariff scheme remain subject to public comment, policymakers are sympathetic to change and the risk of reduction to a previously secured rate may be increasing for solar projects that are not presently, or likely to soon be, shovel-ready, say attorneys at Paul Hastings LLP.

  • December Was A Big Month For UK Serious Fraud Office

    Patrick Rappo

    In December, the U.K. Serious Fraud Office secured its first conviction under the Bribery Act and its first contested conviction of a corporation under the Prevention of Corruption Act. Although the cases do not involve vast sums of money or household names, they are the first signs that the SFO is beginning to deliver on promises of greater and more significant enforcement, say attorneys with Steptoe & Johnson LLP.

  • Fukushima Case May Impact Global Nuclear Liability Law

    Lynn K. McKay

    Although laws addressing nuclear risk in both Japan and the U.S. provide for liability channeling and consolidation of claims in the court where a nuclear incident occurs, the ruling in Cooper v. Tokyo Electric Power Company leaves open the possibility that the lawsuit could be tried outside the country under state common law instead of nuclear liability law, say Lynn McKay and Scott Greer of King & Spalding LLP.

  • Calif. Poised To Take Another Look At Secondary Exposure

    Brian M. Davies

    Since Campbell v. Ford Motor Co., parties have parsed the ruling's language to ferret out the true limits of secondary exposure liability, which the California Supreme Court has earnestly taken up with its pending review of Kesner v. Superior Court and Haver v. BNSF Railway Co., says Brian Davies of Sedgwick LLP.

  • Internalizing BIS Policy On Crude Oil Exports

    Stefan Reisinger

    Companies seeking to take advantage of the long-awaited guidance on the export of crude oil and crude oil condensate from the U.S. Department of Commerce's Bureau of Industry and Security will need to ensure that exportable petroleum products are segregated from any nonexportable crude oil products prior to export, say Stefan Reisinger and Stephen McNabb of Norton Rose Fulbright.