The U.S. Environmental Protection Agency on Tuesday struck down a petition by petroleum refiners to have the agency lower their obligations to buy cellulosic biofuels under the agency’s Renewable Fuel Standards program, saying that waiving the 2016 obligations could undermine the program.
U.S. Secretary of Energy nominee Rick Perry pledged to back the agency's energy technology research and development efforts at his confirmation hearing Thursday but appeared in the dark about a news report that President-elect Donald J. Trump plans to make massive cuts at the department.
Florida Power & Light Co. has asked the Florida Supreme Court to delay further state review of its plans to build two nuclear generating units south of Miami while the high court considers whether to review an appeals court's reversal of the state's prior approval.
Blank Rome LLP announced it has added a Withers Bergman LLP partner to its corporate, mergers and acquisitions, and securities group and its cross-border practice.
A U.S. trustee has urged the Missouri bankruptcy judge overseeing Peabody Energy’s Chapter 11 case to reject parts of the energy company’s proposed reorganization plan, calling its bid to pay $240 million in transaction fees “exorbitant.”
The U.S. Environmental Protection Agency has told the D.C. Circuit that the agency's U.S. Supreme Court-ordered analysis of the costs and benefits of a rule limiting mercury and other toxic emissions from coal-fired power plants reasonably interpreted ambiguous language in the Clean Air Act.
The Fourth Circuit on Thursday upheld former Massey Energy Co. CEO Don Blankenship's conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that claimed 29 lives, finding no mistakes by the lower court to warrant a reversal.
An Oklahoma federal judge granted class certification Tuesday to landowners claiming Chaparral Energy LLC withheld $150 million in gas royalties through improper deductions, but excluded a fraud claim and narrowed the group to those with agreements that don’t release the well operator’s obligation to pay production costs.
Exxon Mobil Corp. and Quanta Resources Corp. told a New York federal judge Wednesday they had reached a settlement that would release dozens of companies from labyrinthine environmental cleanup litigation over Quanta's old waste transfer station in Queens.
An international tribunal on Tuesday declined to undo a 2013 decision finding Venezuela had improperly nationalized ConocoPhillips' interests in three oil projects, but took the opportunity to clarify that the tribunal in the underlying decision had not found Venezuela had acted in bad faith.
Duane Morris LLP has added a former McDermott Will & Emery LLP litigator and international arbitration expert in Miami and a former Locke Lord LLP corporate partner in Chicago, the firm announced Wednesday.
Oklahoma Attorney General Scott Pruitt, President-elect Donald Trump’s pick to lead the U.S. Environmental Protection Agency, declined to say Wednesday whether he’d recuse himself from several pending lawsuits he filed against the agency if he is confirmed, instead leaving the matter up to the EPA’s ethics counsel.
The directors of oil exploration firm Erin Energy Corp. argued Wednesday to have a derivative suit dismissed in Delaware Chancery Court, saying they acted in good faith when approving a pair of transactions to buy offshore assets in Nigeria.
The New York State Department of Environment Conservation asked the D.C. Circuit to dismiss a suit by a natural gas pipeline company alleging the state agency is moving too slowly on approving a 7.8-mile gas pipeline, arguing on Tuesday that the state is following the timeline set out by law.
Duke Energy Corp. has agreed to pay $600,000 in civil penalties to settle the U.S. Department of Justice’s allegations that it took control of a natural gas-fired power plant in Florida from Calpine Corp. before a mandatory waiting period for antitrust review had lapsed, the department announced on Wednesday.
Two subsidiaries of mining company Freeport-McMoRan Inc. agreed Tuesday in Arizona federal court to pay roughly half the cost of a $600 million settlement with the U.S. Environmental Protection Agency over the cleanup of 94 abandoned uranium mines on Navajo Nation land in the Southwest.
The U.S. Army said Wednesday it will prepare a new environmental impact statement to consider Dakota Access LLC’s bid to complete construction of its pipeline under Lake Oahe in North Dakota, as a D.C. federal judge rejected the company’s bid to block the publication of the Army’s plans in the Federal Register.
An Australian contractor that has filed suits against KBR Inc., Chevron Corp. and their affiliates for allegedly shortchanging it for work on a AU$3.4 billion ($2.6 billion) liquefied natural gas jetty had its case against Chevron paused by a California federal judge on Tuesday, with the court saying arbitration underway in Australia should conclude first.
A New Jersey attorney accused of negligently handling a financial deal for an Idaho energy company escaped a default judgment Tuesday when a federal judge ruled that although the lawyer may have been culpable for failing to appear in the case, the matter should still be decided on the merits.
Willkie Farr & Gallagher LLP has announced it has added two new energy and commodities attorneys to its firm who will join its Washington, D.C., offices from Cadwalader Wickersham & Taft LLP.
From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding.
Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.
Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.
Nuclear energy has fallen on hard times in the United States. Operating costs are high, while natural gas is abundant and cheap. So what will the Trump administration mean for nuclear generation? The president-elect seems uninterested in carbon-free nuclear power as a means to fight climate change, but job creation could justify the construction of new nuclear plants, say David Repka and Tyson Smith of Winston & Strawn LLP.
Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.
Following the Obama administration's refusal to issue a required permit for the Dakota Access pipeline, the matter is far from resolved. However, regardless of the ultimate outcome, the world is now better educated about Native American issues, and the government has shown a willingness to fulfill its legal obligations, says Lael Echo-Hawk of Hobbs Straus Dean & Walker LLP.
Legal claims against foreign governments — including those of major oil-producing states — are growing in size and number. This trend creates a paradox for global energy companies: It is easier for them to protect their rights on projects abroad, but the increase in successful claims against sovereign states poses unforeseen risks for those doing business with government-owned oil concerns, say attorneys from BakerHostetler LLP.
After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.
Democrats will have a difficult time actually defeating any of President-elect Trump's cabinet nominations because of a change they made to the Senate rules to end the filibuster for executive branch nominations. Their goal is not really to defeat the nominees but to draw stark differences early on in the new administration, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.
After the 2013 explosion at a fertilizer facility in Texas, President Obama signed an executive order requiring federal agencies to identify improvements to risk management practices. In response, the U.S. Environmental Protection Agency has just published a final rule amending its Risk Management Program regulations. But changes to the Congressional Review Act could affect the rule's future, says Michael Reer of Harris Finley & Bogle PC.