• March 22, 2017

    Jury Awards Calif. Mining Families $100M For County's Plot

    A California federal jury on Tuesday awarded two gravel mining families over $100 million on their claims that Sacramento County officials violated their constitutional rights by maliciously forcing them out of business to aid mining rival Teichert Construction.

  • March 22, 2017

    Exxon Ordered To Turn Over Execs' Climate Change Docs

    The New York judge overseeing a climate change-related probe of Exxon Mobil Corp. on Wednesday ordered the oil giant to produce documents from top executives to the New York attorney general by the end of the month, and directed further talks about recovering missing emails from an alias account of its recently departed CEO, Secretary of State Rex Tillerson.

  • March 22, 2017

    Pa. Court Again Says Tax Sale's 'Mineral' Rights Include Gas

    Coming down almost exactly where it did in December, a Pennsylvania appeals court issued its second decision in a gas-rights case finding that a 1932 tax sale of subsurface mineral rights encompassed the sale of oil and gas rights, handing a win to exploration company Range Resources.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    Ex-Client Sues, Says Houston Firm Admitted Flub

    A Houston attorney who allegedly encouraged his former client to look into filing malpractice claims against him and his firm after flubbing a deadline to file suit for personal injury claims is now facing a suit seeking more than $1 million in damages.

  • March 22, 2017

    Emerald Oil Ch. 11 Plan Confirmed, Over Trustee Objection

    Bankrupt energy exploration firm Emerald Oil Inc. on Wednesday received court approval for its plan of liquidation in Delaware when a judge determined that unsecured creditors were not subject to discrimination in their recoveries from a settlement fund.

  • March 22, 2017

    5th Circ. Sides With EPA In Battle Over Texas Haze Rule

    The Fifth Circuit on Wednesday rejected Texas’ bid to strike down the U.S. Environmental Protection Agency’s regional haze plan for the Lone Star State, instead granting the EPA’s motion to send the existing regulations back to the agency for revision.

  • March 22, 2017

    Alleging Expense Excess, Dow Chem Investors Sue for Books

    Attorneys for a Dow Chemical Co. shareholder asked Delaware’s Chancery Court late Tuesday to compel release of details on use of the company’s corporate jet and other expenses, claiming concerns over “numerous” company funded trips by the company’s CEO and family members.

  • March 22, 2017

    FERC Billing Practices Benefit Bad Actors, 9th Circ. Told

    California's public utilities took their running 15-year battle over the Federal Energy Regulatory Commission’s handling of the state’s 2000-01 energy crisis back to the Ninth Circuit on Wednesday, arguing that FERC's billing process cancels refund credits, benefiting the very energy providers that contributed to the crisis.

  • March 22, 2017

    Senate Dems Slam Trump's Skinny DOI Budget

    Senate Democrats on Tuesday slammed President Donald Trump’s proposal to slash the Department of Interior’s budget by $1.5 billion, saying planned cuts to programs that address climate change contradict the president's commitments to infrastructure spending made on the campaign trail.

  • March 22, 2017

    France Fines Engie $108M For Abusing Gas Market Dominance

    France’s antitrust regulator on Wednesday fined Engie €100 million ($108 million) for abusing its power as a former state monopoly to induce gas customers on regulated plans to switch to market-based gas and electricity contracts.

  • March 22, 2017

    Texas High Court Weighs Eagle Ford Deed Royalty Dispute

    Texas Supreme Court justices on Wednesday wrestled with whether they should overturn decades-old precedent as they interpret an Eagle Ford property deed that granted oil and gas interests and has spurred competing royalty claims.

  • March 22, 2017

    GAO Blasts Pace Of Offshore Drilling Oversight Improvements

    Poor leadership is hamstringing the efforts of U.S. offshore drilling regulators to improve their oversight of the industry following the 2010 Deepwater Horizon disaster, the U.S. Government Accountability Office said on Tuesday.

  • March 22, 2017

    New York Launches $70M Electric Car Rebate Initiative

    New York is launching a $70 million electric car rebate program intended to get more electric cars on the road and slash carbon emissions in the transportation sector, Gov. Andrew M. Cuomo has announced.

  • March 22, 2017

    Suit Accusing FERC Of Pro-Energy Industry Bias Thrown Out

    A D.C. federal judge on Wednesday dismissed an environmental group's suit claiming the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry, saying there is no evidence that FERC is biased.

  • March 22, 2017

    Wyo. Gov. Gets Pipeline Agency To End FERC Authority Fight

    The office of Wyoming Gov. Matt Mead admitted Wednesday it pressed the Wyoming Pipeline Authority to drop its challenge to a Federal Energy Regulatory Commission order that delegated additional authority to commission staff just before FERC lost the quorum it needs to function.

  • March 22, 2017

    Fengate Brings In $300M For Latest PE Fund

    Fengate Real Asset Investments has clinched its latest private equity fund after collecting $300 million from investors, the firm said on Wednesday, with plans to invest in North America-based middle market companies across a range of sectors, including energy, construction and housing.

  • March 22, 2017

    3 PE Firms Team To Form $1.7B Texas Energy Platform

    Three private equity firms have joined forces to launch Argus Energy Managers LLC, a Houston-based platform with more than $1.7 billion in capital under management that will focus on upstream, energy services and equipment and fixed income investments, the companies said Tuesday.

  • March 21, 2017

    NY AG Slams Exxon Again Over Order For Climate Emails

    New York Attorney General Eric Schneiderman called out Exxon Mobil Corp. on Monday for refusing “more dramatically than ever” to comply with a court order for climate change documents, telling a state judge the unarchived emails that ex-CEO Rex Tillerson sent from an alias account raises new concerns about the preservation and production of the subpoenaed documents.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • MLP Agreement Lessons From Delaware High Court

    Matthew J. O’Toole

    Three Delaware Supreme Court decisions over the last year illustrate that the Delaware Revised Uniform Limited Partnership Act provides a master limited partnership sponsor and its counsel substantial flexibility to privately order the affairs of an MLP. The contractual freedom is subject, however, to the limited application of the implied covenant of good faith and fair dealing, say attorneys with Potter Anderson & Corroon LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • The Corwin 'Cleansing' Continues

    Warren S. de Wied

    The recent dismissal of a challenge to Columbia Pipeline's spinoff and sale is now the fifth in a series of Delaware decisions interpreting Corwin as permitting “cleansing” of a transaction even when the approving directors allegedly had not been independent. Notably, Columbia Pipeline involved a more “vivid” conflict-of-interest issue than the previous cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.