Opponents of New York’s participation in a multistate cap-and-trade initiative were too late in bringing claims that the program unlawfully imposed a tax on energy by executive fiat, a state appeals court ruled Thursday.
Energy industry groups are gearing up for an all-out fight against a proposed fracking ban moving through the Massachusetts Legislature even though it will have a minor practical impact in a state with little development potential, because they're worried it could lead to prohibitions in resource-rich states sympathetic to the anti-fracking movement.
President Barack Obama on Thursday continued his second-term push to tackle climate change, ordering federal agencies to increase the portion of their electricity derived from renewable energy nearly three-fold over the next six years.
A New Jersey Senate panel on Thursday advanced legislation that calls for a harder look at generation capacity and infrastructure as part of the state's overarching energy plan.
An oil and gas industry group is challenging newly passed hydraulic fracturing restrictions in two Colorado cities, lodging complaints in state court Tuesday arguing that the measures banning the practice for at least five years are superseded by state energy regulations.
Dozens of House Democrats urged the U.S. Department of the Interior on Tuesday to halt oil and gas leasing in the Arctic Ocean until it overhauls the rules governing the activity and takes into account the impacts it has on climate change.
The chairman of the House Science Committee on Tuesday accused the U.S. Environmental Protection Agency of putting politics above science with its proposed greenhouse gas emissions standard for power plants, pointing to a Science Advisory Board review questioning the data behind the rule.
Democrats on a key state legislative committee slammed Gov. Tom Corbett’s nominee for secretary of Pennsylvania’s Department of Environmental Protection on Wednesday as an unqualified administration ally who lacked a thorough understanding of the risks posed by the Marcellus Shale industry and the science behind climate change.
The Sixth Circuit on Tuesday rebuffed an industry plea to prevent the U.S. Mine Safety and Health Administration from enforcing its revised rule cracking down on safety issues in the nation's most dangerous mines, saying mine operators haven't shown they'll be irreparably harmed by the rule.
Rep. Earl Blumenauer, D-Ore., is set to introduce a bill Wednesday to nearly double the current federal gasoline tax in order to maintain the viability of a federal transportation infrastructure fund, a transportation workers union has announced.
The D.C. Circuit on Tuesday consolidated five challenges that the American Petroleum Institute and other energy industry organizations brought against a new U.S. Environmental Protection Agency rule designating emissions standards for oil and gas storage tanks.
Florida's Public Service Commission on Tuesday approved rule changes to implement the state legislature's amendments to the Nuclear Cost Recovery Act that require utilities to seek additional levels of PSC review to recover costs for nuclear power plants.
The Louisiana Department of Revenue needs to improve the way it collects severance taxes after it failed to collect potentially millions of dollars in taxes for extraction of oil and natural gas, the Louisiana Legislative Auditor said in a report released Monday.
Internal pressure on China to overhaul its air and water quality standards is at an all-time high but working out the reforms will require plenty of research and negotiation, U.S. Environmental Protection Agency Administrator Gina McCarthy said Monday on the eve of her trip to China.
The U.S. Environmental Protection Agency finalized updates to its greenhouse gas reporting requirements on Wednesday that assign a higher global warming impact to six classes of air pollutants, reflecting the latest internationally accepted scientific consensus.
A Federal Energy Regulatory Commission rule released last week allowing energy storage projects to connect with the electric grid will boost a still-nascent industry, and its presence as a backup power source could ease concerns over the intermittent nature of renewable energy projects seeking to join the grid, experts say.
With the U.S. Environmental Protection Agency poised to steer resources away from its enforcement division during the next five years, former EPA officials said the agency will be relying heavily on states, municipalities and nonprofit environmental groups that are less equipped to tackle polluters on their own.
A bipartisan coalition of 12 U.S. senators on Monday asked the U.S. Department of Commerce to ensure that remedial duty orders on imports of steel tubing used in oil wells will apply to shipments that are built in China and then undergo finishing in other countries.
The U.S. Environmental Protection Agency expects to substantially scale back its enforcement presence over the next five years, releasing a draft strategic plan last week calling for fewer inspections, judicial and administrative enforcement cases, and forced cleanups.
The U.S. Supreme Court on Monday set Feb. 24, 2014, as the date for oral arguments for several petitions challenging carbon emissions rules crafted by the Environmental Protection Agency, including those from large stationary sources such as power plants.
Before a landowner grants an oil & gas lease to a lessee, he should carefully consider some key provisions to protect himself and to maximize economic benefit. For example, always make sure the provisions do not permit the primary term of the lease to extend beyond the stated period absent production, drilling or other operations, say attorneys at Greenberg Traurig LLP.
The U.S. Securities and Exchange Commission has generally not concerned itself with improper conduct involving embargoed countries. But the SEC’s complaint in the recent Weatherford International Ltd. case suggests that the agency takes the position that inaccurate accounting of transactions with embargoed countries can result in violations of the Exchange Act, say attorneys with Ropes & Gray LLP.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
In addition to continued headline-grabbing litigation involving pharmaceutical companies in the wake of PLIVA Inc. v. Mensing, 2013 brought a number of important cases informing everything from class certification questions and product labeling trends to False Claims Act liability and fracking disputes, say attorneys at Weil Gotshal & Manges LLP.
Because Latin American countries differ substantially from one another, there is no effective one-size-fits-all approach to anti-corruption compliance in the region. That said, companies doing business in the region should be aware of a number of recurring compliance concerns that may lead to an increased risk of violating the FCPA or other applicable anti-bribery laws, say attorneys with Debevoise & Plimpton LLP.
The connection between Houston, Texas, and Philadelphia for value-added energy- and refining-related activity is palpable. Companies like Shell, Chevron, ExxonMobil and many others with a strong Houston presence are connecting to Pennsylvania, and we are just seeing the tip of the iceberg, says Michael Krancer of Blank Rome LLP.
Simply put, older cases interpreting the former version of section 1441 of the U.S. Code are no longer good law. A defendant confronted with a general maritime law tort claim should give serious consideration to removing the claim to federal court under the “original jurisdiction” clause of section 1441(a), says Brian Schneider of Moran Reeves & Conn PC.
Two considerations stand out regarding the Iran nuclear agreement's effect on sanctions. First, the agreement does not provide detail about suspension of sanctions or even identify measures to be suspended. Second, agreement commitments to relax sanctions measures will only be effective if, when and to the extent that they are implemented in U.S. and EU law, say Harry Clark and Clark McFadden of Orrick Herrington & Sutcliffe LLP.
A new law in Mongolia dramatically alters the investment landscape in the country, eliminating the broad restrictions on private foreign investment in the minerals, communication and financial sectors that previously existed, removing the parliament from the approval process, and ending the distinction between foreign and domestic investors, says Stewart Diana of DLA Piper LLP.