Energy

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    Bennu Bankruptcy Cases Belong Together In Del., Court Told

    The Chapter 11 trustee in the case of oil rig owner Bennu Titan LLC told a Delaware bankruptcy judge Thursday that the liquidation cases of Bennu Titan's parent company should be transferred to the First State from Texas in the interest of justice and judicial economy.

  • January 19, 2017

    IRS Finalizes Fracking Service Income Tax Treatment Rules

    The Internal Revenue Service issued final regulations Thursday leaving largely intact its proposed rules on qualifying income from service providers to the oil and gas industry for master limited partnership treatment, which explicitly granted fracking services access to the favorable tax status.

  • January 19, 2017

    DC Circ. Tosses, Remands Standing Rock's Injunction Appeal

    The D.C. Circuit on Wednesday tossed the Standing Rock Sioux Tribe’s challenge of a decision rejecting its bid to block construction on the controversial $3.8 billion Dakota Access pipeline, finding the appeal moot, but telling a lower court to consider vacating the disputed decision.

  • January 19, 2017

    'Downwind' States Defend Cross-State Air Pollution Regs

    New York and five other “downwind” states urged the D.C. Circuit on Thursday to let them help defend the U.S. Environmental Protection Agency’s cross-state air pollution regulations from suits brought by upwind states and the energy industry, saying the quality of their air depends on making sure the rule isn’t delayed.

  • January 19, 2017

    Tauber Oil Co. Settles EPA Allegations For $700K

    Tauber Oil Co. will pay a $700,000 civil penalty to settle claims it violated the Clean Air Act by selling an unregistered fuel additive, the U.S. Environmental Protection Agency said Wednesday. 

  • January 19, 2017

    Road-Fixing But No Gold-Digging, Judge Tells Mining Co.

    A mining company that unsuccessfully tried to reopen its search for gold in a protected wilderness area nabbed a partial concession Thursday, when an Idaho federal judge allowed the company to do work on two roads outside the wilderness area.

  • January 19, 2017

    Stone Pigman Comes To Houston, Adds 5 Cogan Energy Attys

    Louisiana-based Stone Pigman Walther Wittmann LLC announced Wednesday that it has merged with Houston-based commercial transactions and energy boutique firm Cogan & Partners LLP, expanding Stone Pigman's energy and industrial practices and establishing its Houston presence.

  • January 19, 2017

    Texas Court Says Injection Well Suits Can Be Heard Statewide

    A Texas appellate court on Wednesday held that courts outside of Austin have jurisdiction to block companies from developing and using injection wells, even if they have a valid permit, if an opponent claims the well would cause immediate and irreparable injury.

  • January 19, 2017

    Pa. DEP Won't Change Rules For Drilling Through Coal Mines

    Pennsylvania environmental regulators said Thursday that concerns over protecting miner safety had led them to reject proposed changes to half-century-old guidelines regarding intersections between coal extraction operations and natural gas wells.

  • January 19, 2017

    Magellan Pipeline Agrees To $18M Settlement For Oil Spills

    Magellan Pipeline Co. LP agreed to an $18 million deal that will resolve charges that the company spilled more than 5,000 barrels of oil in pipeline incidents in Texas, Nebraska and Kansas, the U.S. Environmental Protection Agency said Thursday.

  • January 19, 2017

    Enviros, Bureau of Reclamation Settle Dam Pollution Suit

    The U.S. Bureau of Reclamation has reached a settlement with an environmental group that resolves allegations the agency illegally allowed oil, grease and other pollutants to spill into the Columbia River from a Washington hydroelectric plant, according to documents filed Thursday in federal court.

  • January 19, 2017

    $5B Wyo. Wind Farm Gets Thumbs Up From Interior Dept.

    The U.S. Department of the Interior on Wednesday gave two key federal approvals to a $5 billion wind farm being built in Wyoming by a subsidiary of The Anschutz Corp. that is the largest proposed onshore wind project in the U.S.

  • January 19, 2017

    Brazilian Mining Co. Has Plan To Settle $47.5B Dam Claim

    A Brazilian mining company and shareholders BHP Billiton Ltd. and Vale SA announced Thursday that they’ve agreed on a path for resolving a $47.5 billion civil claim by Brazilian federal prosecutors seeking social, environmental and economic compensation for a dam collapse that killed 19 people and devastated the countryside.

  • January 19, 2017

    EPA Stands Firm On 2016 Biofuel Volume Obligations

    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.

  • January 19, 2017

    Report On Trump's Planned DOE Cuts Takes Perry By Surprise

    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.

  • January 19, 2017

    FPL Wants State's Review Of Nuclear Plant Plans Stayed

    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.

Expert Analysis

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Government Contracts Under The Trump Administration

    Joseph R. Berger

    President-elect Donald Trump will usher in a new era for government contractors, much like Presidents Barack Obama, George W. Bush and Bill Clinton before him. Joseph Berger of Thompson Hine LLP discusses 10 areas to watch.

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    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 LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    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.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    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.

  • The Trump Administration And Nuclear Energy

    David Repka

    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.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    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.

  • Tribal Treaty Rights And Public Interest: Showdown In ND

    Lael Echo-Hawk

    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.

  • Suits Against Foreign Sovereigns: Mixed Bag For Energy Cos.

    Kenneth Reisenfeld

    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.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    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.