The U.S. Department of the Interior's chief attorney has killed part of an Obama-era decision by his predecessor backing tribal claims against North Dakota to mineral rights, saying the state legally owns submerged lands beneath the Missouri River where it flows through a tribe's reservation.
A new Texas law that only allows incumbent transmission companies to build new power lines is an example of "blatant discrimination by statute" and should be struck down as unconstitutional, an attorney for a NextEra Energy Inc. unit told the Fifth Circuit on Monday.
A Delaware bankruptcy judge on Monday approved a request by coal mining company Cloud Peak Energy to pay $26 million in fees to its Chapter 11 professionals over objections by insurers insisting $280 million in surety bond claims should get equal priority.
A digital marketing company has repeatedly failed to show its trade secrets were stolen by an energy company that had licensed its software or that its information ever qualified as trade secrets, an Illinois federal court ruled Sunday.
Spain is urging a D.C. federal court to toss litigation to enforce a $66.3 million arbitral award over revoked economic incentives for renewable energy projects, arguing that the investors who won it are trying to skirt "well-settled" European law.
A Kentucky federal court on Monday tossed a suit from the state attorney general accusing Marathon Petroleum of manipulating the market for reformulated gasoline after excluding the state's only expert witness.
Proposed IRS rules on the carbon capture tax credit would allow another avenue for businesses to prove they meet the credit's requirements for enhanced oil recovery projects, which would provide flexibility for projects without jettisoning monitoring, reporting and verification standards.
A federal court has confirmed a Texas energy company's 5.8 million Brazilian real (roughly $1 million) victory in arbitration over misappropriated profits following a sale agreement.
A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.
A Mexican rebar producer will face expanded anti-dumping duties after the U.S. Department of Commerce determined on Monday that the company evaded its duty order by slightly bending the ends of its bars before exporting them.
An International Centre for Settlement of Investment Disputes committee has lifted a stay of enforcement on a €291 million ($316 million) arbitral award that U.S.-based NextEra Energy Inc.'s Dutch subsidiaries won against Spain, after the country declined to promise to pay the award if an ongoing bid to annul it is unsuccessful.
A Spanish natural gas company must narrow its bid for documents from the Depository Trust Company as it seeks to enforce a $2 billion arbitral award against Egypt, a New York federal judge said Friday.
The U.S. Department of Defense barred federal contractors from using Russian-sourced energy to power American operating bases in Europe, in an attempt to shield the military installations from the "potential risk" of depending on Russian power.
The U.S. Environmental Protection Agency told a federal court that environmental groups suing it for relaxing how it handles pollution standards noncompliance during the coronavirus outbreak are seeking unreasonable relief for a hypothetical injury.
A company and the black workers it allegedly discriminated against by making them work on a hot oil rig while their white colleagues enjoyed air conditioning asked the U.S. Supreme Court to hold off considering whether to review the case due to a pending settlement.
The U.S. Environmental Protection Agency on Monday hobbled the authority of states and tribes to block projects like pipelines, export terminals and dams over Clean Water Act concerns, saying the power had been abused to unfairly restrict commerce.
The U.S. Supreme Court on Monday concluded that a French unit of General Electric Co. may be able to force arbitration of a multimillion-dollar dispute with an Alabama steel plant owner despite not signing an underlying arbitration agreement, reversing an Eleventh Circuit decision.
Oklahoma-based oil and gas driller Templar Energy filed for Chapter 11 protection in Delaware Monday with a plan to liquidate its assets after reeling from oil and gas price disruptions prompted by the COVID-19 pandemic.
A bench trial over whether to confirm Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan entered its third day Friday, with an objector questioning whether a conflict exists because a Weil LLP attorney representing PG&E is the father of a director of the company running its confirmation process.
In the 2½ months since COVID-19 created a national emergency in the United States, dozens of companies have tilted into bankruptcy in the retail, travel and energy sectors, and a former bankruptcy judge predicts the turmoil will spread further through the economy in the coming months.
The Fifth Circuit on Friday upheld the U.S. Environmental Protection Agency's decision not to oppose Exxon Mobil Corp.'s air pollution permit application to enlarge a Texas petrochemical plant, rejecting arguments the permit should have received more scrutiny.
The tidal wave of corporate debt offerings in recent months has enabled companies to raise billions in cash and gain much-needed breathing room to navigate the coronavirus pandemic, setting records and ushering in several first-of-their kind deals along the way.
The Texas Supreme Court on Friday agreed to review an oil and gas developer's dispute with royalty owners over whether the company can charge them for post-production costs.
The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.
Two Montana-based Native American tribes filed a lawsuit against the U.S. government on Friday challenging the approval of an oil pipeline being built near the Fort Peck Indian Reservation, claiming federal agencies failed to consider how the project would impact the tribes.
The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.
The Texas Supreme Court's recent opinion in Yowell v. Granite Operating Co. is the latest indication that the rule against perpetuities presents a unique challenge for overriding royalty interest owners who wish to utilize anti-washout provisions to carry an interest forward to new oil and gas leases, says Michael Reer at Harris Finley.
One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.
Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.
To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.
As potential buyers look to purchase assets of energy companies driven into bankruptcy by the coronavirus pandemic, there are a number of precautionary steps they should take to reduce the risk of liability for the seller's environmental obligations, say Jacob Hollinger and Darren Azman of McDermott.
A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
The recent large drop in oil prices — and in the prices of futures contracts tied to oil — resulting from the COVID-19 pandemic has generated substantial losses for many retail investors, and precedent suggests this may lead to a wave of litigation against fund managers, say economists at Bates White.
While a recent trend of federal courts holding that U.S. Patent and Trademark Office decisions instituting inter partes reviews are not appealable requires close following, there are two remedies practitioners can seek apart from appeal, say Brett Cooper and Kevin Schubert at McKool Smith.
Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
The New York Public Service Commission's recent order directing investor-owned utilities to rapidly review their distribution and local transmission infrastructure represents a turning point in the state's efforts to update its electric grid for green energy — so interested stakeholders must weigh in soon, says Kevin Blake at Phillips Lytle.
Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.
The U.S. Supreme Court’s upcoming opinion in Liu v. U.S. Securities and Exchange Commission may call into question when Foreign Corrupt Practices Act settlements should be subject to disgorgement, say Matthew Rutter and Neal Hochberg at Charles River Associates.