August 09, 2017
The Fifth Circuit on Tuesday denied Total Gas & Power North America Inc.'s request to revisit a panel decision that rejected the company's "premature" challenge to the Federal Energy Regulatory Commission's power to impose market manipulation fines against it under the Natural Gas Act.
July 24, 2017
Total Gas & Power North America Inc. urged the Fifth Circuit on Monday to rethink its decision rejecting the company's challenge to the Federal Energy Regulatory Commission's power to use the Natural Gas Act to hand out fines, insisting only a federal court can decide on penalties for violations of the NGA.
June 09, 2017
A Fifth Circuit panel on Thursday rejected a challenge to the Federal Energy Regulatory Commission's power to use the Natural Gas Act to impose fines, ruling that Total Gas & Power North America Inc.'s objection to the commission's authority to penalize it over alleged market manipulation was not ripe.
April 11, 2017
A recent California federal court ruling in a Federal Energy Regulatory Commission case against Barclays PLC doesn't support a Total SA unit's argument that FERC can't unilaterally impose natural gas market manipulation penalties, the agency told the Fifth Circuit on Monday.
April 07, 2017
A Total SA unit told the Fifth Circuit on Thursday that a California federal judge's recent ruling that a civil case was necessary to enforce electricity market manipulation penalties against Barclays PLC bolsters its argument that the Federal Energy Regulatory Commission can't unilaterally impose natural gas market manipulation penalties.
January 11, 2017
A recent Tenth Circuit decision on the constitutionality of U.S. Securities and Exchange Commission administrative law judges has no bearing on whether the Federal Energy Regulatory Commission has the authority to fine Total SA over gas market manipulation, the agency told the Fifth Circuit on Tuesday.
January 04, 2017
A Tenth Circuit decision that U.S. Securities and Exchange Commission administrative law judges should be appointed under the U.S. Constitution reinforces why a Total SA unit's fight over gas market manipulation penalties must be conducted in federal court and not before the Federal Energy Regulatory Commission, Total told the Fifth Circuit on Tuesday.
January 02, 2017
After a year filled with blockbuster rulings, energy litigation will again grab the spotlight in 2017, with an eagerly awaited decision on the legality of the Obama administration's signature Clean Power Plan taking center stage. Here are the cases that energy attorneys will be watching this year.
December 13, 2016
A Total SA unit, faced with $225 million in natural gas market manipulation penalties proposed by the Federal Energy Regulatory Commission, told the Fifth Circuit on Monday that the commission's defense of its in-house enforcement proceedings totally missed the mark and that the regulator must go through the federal court system if it wants to impose the fine.
November 29, 2016
A Total SA unit's court battle over $225 million in proposed natural gas market manipulation penalties is doomed to failure because the Federal Energy Regulatory Commission hasn't made a final decision yet and any decision must be challenged in federal appeals court, FERC told the Fifth Circuit Monday.