• November 17, 2017

    Duke Awarded $68M In Spent Nuclear Fuel Suit Against DOE

    A federal judge Friday granted two Duke Energy units nearly $68.5 million in damages resulting from the federal government's partial breach of a contract to collect spent nuclear fuel and waste from four plants in the Carolinas and Florida, but found an additional $3.1 million not recoverable.

  • November 17, 2017

    Sandridge Investor Can't Sue Due To Bankruptcy: 10th Circ.

    The Tenth Circuit on Friday rejected an objector’s challenge to a $38 million settlement that ended a derivative suit against the directors of an energy company that went bankrupt while the case was pending, saying he lost the right to sue when the company’s shares were canceled.

  • November 17, 2017

    ND Tribe Member Urges Rethink Of Co.'s Win In Royalty Row

    A Three Affiliated Tribes member and his attorney urged a North Dakota federal judge Thursday to reconsider his decision to cut off their tribal court litigation against Enerplus Resources Corp. in a $3 million royalty overpayment dispute, saying the judge failed to take into account the oil and gas company’s alleged violations of tribal law.

  • November 17, 2017

    Aussie Mining Services Co. Seeks US Bankruptcy Cover

    A subsidiary of Australia's BIS Industries Ltd. filed for Chapter 15 protection in New York bankruptcy court on Friday as part of a $750 million debt-to-equity swap that will see a handful of BIS' lenders take control of the mining services contractor.

  • November 17, 2017

    10 Questions For The EPA's Bill Wehrum

    The U.S. Environmental Protection Agency's new air chief Bill Wehrum won't just be helping the Trump administration roll back Obama-era rules like the Clean Power Plan, he'll also be taking a close look at the agency's 2009 carbon dioxide endangerment finding and its New Source Review permitting program, he told Law360 in an exclusive interview.

  • November 17, 2017

    FERC Finds Utilities' Tax Recording Could Affect Rates

    Utilities have incorrectly recorded income tax overpayments as prepayments for the next year even though they elected to receive refunds, according to a Federal Energy Regulatory Commission report issued Thursday, which flagged other accounting errors that may have affected certain consumer billings.

  • November 17, 2017

    Landowners Ink $11M Deal In Royalty Fight With Exxon Unit

    Pennsylvania landowners on Thursday told a Pennsylvania federal court that they’ve reached an $11 million settlement to end claims that an Exxon Mobil Corp. subsidiary bilked them out of royalties they were owed under oil and gas lease agreements without the company admitting to any wrongdoing. 

  • November 17, 2017

    Gas Distributor Granted Exit In $3M Employee Bias Row

    A Virginia federal judge on Friday granted a mid-Atlantic natural gas company an exit from a former employee’s $3 million discrimination suit, finding the evidence did not support claims the company treated white employees differently or fired him because he’s black.

  • November 17, 2017

    Frontera Resources Wins Enforcement Of $2M Award

    Frontera Resources Corp. said Friday that it will collect more than $2 million from the enforcement of an arbitration award against a Turkish oil and gas company that stems from a drilling contract dispute.

  • November 17, 2017

    Duane Morris Adds Ex-Drinker Biddle Enviro Partner In NJ

    Duane Morris LLP has welcomed a former Drinker Biddle & Reath LLP attorney as an environmental partner in the firm’s Cherry Hill, New Jersey, office, where she’ll tackle complex litigation and advise clients with respect to the environmental considerations in real estate and corporate transactions.

  • November 17, 2017

    Taxation With Representation: Andrews, Mayer, Jones, Delaby

    In this week’s Taxation With Representation, Marathon Petroleum dropped down $8.1 billion in assets to its master limited partnership, Caesars Entertainment acquired Centaur for $1.7 billion, Shanghai Pharma snapped up the China business of Cardinal Health for $557 million, and OMERS bought Trescal in a $788.6 million deal.

  • November 16, 2017

    Calif. Agencies Lose FERC Complaint Over PG&E Rate Hikes

    The Federal Energy Regulatory Commission rejected a complaint Thursday brought by a group of California agencies alleging Pacific Gas and Electric Co. failed to justify a proposed rate increase, finding the agencies did not meet pleading requirements under the Federal Power Act.

  • November 16, 2017

    Rice Energy Slips Proxy Actions After Mooting Disclosures

    Natural gas producer EQT RE LLC escaped several proposed class actions on Wednesday and Thursday over its acquisition by EQT Corp., two weeks after the company made disclosures designed to defang the investor lawsuits and shortly after the merger was completed.

  • November 16, 2017

    Keystone Leaks 210K Gallons With Permit Decision Pending

    With a key permitting decision scheduled to come from Nebraska utility regulators Monday, the Keystone pipeline spilled 5,000 barrels, or 210,000 gallons, in northeastern South Dakota on Thursday, TransCanada Corp. said in a statement.

  • November 16, 2017

    DOI Watchdog Says Zinke Didn't Document Travel Expenses

    A government watchdog told U.S. Department of the Interior officials on Wednesday that Secretary Ryan Zinke has failed to keep complete records of his travel since taking office, finding that in some cases he never documented his travel at all.

  • November 16, 2017

    EPA, Corps Seek To Delay Water Rule Until At Least 2020

    The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers on Thursday proposed postponing by two years the effective date of an Obama-era rule defining the federal government’s jurisdiction under the Clean Water Act.

  • November 16, 2017

    UK Prosecutors Name 3 Individuals In Unaoil Bribery Probe

    The U.K. Serious Fraud Office has charged two British residents who worked for Monaco-based Unaoil with conspiring to pay bribes to help a client win a contract in Iraq, and is seeking the extradition of a third man, the prosecutor's office said on Thursday.

  • November 16, 2017

    States, Enviro Groups Slam EPA Emissions Rule At DC Circ.

    Conservation, industry and state groups told a D.C. Circuit panel Thursday that the Environmental Protection Agency acted unlawfully and arbitrarily when it decided to allow emissions trading to be used to meet regional haze reduction targets, rather than requiring pollution sources like power plants to install pollution reduction technologies.

  • November 16, 2017

    DOE Grants Cross-Border Permit For $1.6B Transmission Line

    The U.S. Department of Energy on Thursday approved a presidential permit for a proposed $1.6 billion transmission line crossing the U.S.-Canada border that would move hydroelectric power from Quebec to New Hampshire, clearing a major federal regulatory hurdle for a project first proposed in 2010.

  • November 16, 2017

    Kasowitz Bows Out Of $28M Ampal Adversary Case

    Kasowitz Benson Torres LLP received permission Thursday to bow out of adversary litigation in the bankruptcy of energy investment holding company Ampal-American over a $28 million judgment linked to a project to make ethanol from sugarcane in Colombia.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • The Battle Over 3rd-Party Releases Continues

    Matthew Kelsey

    Bankruptcy courts have taken divergent approaches to analyzing whether they have jurisdiction to approve nonconsensual third-party nondebtor releases. While the New York bankruptcy court's recent decision in SunEdison provides another data point for the debate, it leaves some questions unanswered, say attorneys with Gibson Dunn & Crutcher LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Natural Gas Market Design May Be Failing Consumers

    Levi McAllister

    Domestic energy producers face challenges in predicting consumer demand for electricity and natural gas, and in responding to daily fluctuations in consumption. A recent academic paper highlights design characteristics of the natural gas market that may contribute to these challenges, say attorneys with Morgan Lewis & Bockius LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.