Energy

  • February 23, 2018

    Judge Nixes BLM's Delay Of Obama Methane Flaring Rule

    A California federal judge on Thursday lifted the U.S. Bureau of Land Management’s block of an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, saying the agency’s rationale isn’t likely to pass muster.

  • February 22, 2018

    Man Posed As Well Owner For Millions In Loans, DOJ Says

    A Hawaii man was arrested Wednesday for allegedly posing as the owner of Wyoming oil and gas wells for a decade to obtain multimillion-dollar loans, using the money to pay back old fraudulent loans or spend on private jets and lavish artwork, according to a complaint filed in New York federal court.

  • February 22, 2018

    Judge Mulls Tossing Extortion Counts Against Ex-Cuomo Aide

    The Manhattan federal judge overseeing Joe Percoco's criminal corruption trial strongly hinted Thursday that she is considering dismissing extortion counts against the former “right-hand man” to New York Gov. Andrew Cuomo accused along with three businessmen in two bribery schemes.

  • February 22, 2018

    Judge OKs $9.3M Settlement In Ambit Rate-Hike Suit

    A Pennsylvania federal judge on Thursday greenlit a $9.3 million settlement of a proposed class action claiming an Ambit Energy Holdings LLC unit jacked up customers' rates after luring them into switching energy providers with promises of lower prices, a suit the Third Circuit revived after it was originally dismissed.

  • February 22, 2018

    NJ Sens. Move Bill To Raise $300M In Nuke Plant Subsidies

    A New Jersey legislative committee on Thursday released a bill that would establish a $300 million nuclear plant subsidy from ratepayers in what advocates say will ensure the viability of two Public Service Enterprise Group Inc. power plants and advance the state’s clean energy goals.

  • February 22, 2018

    EFH, Creditor Experts Won't Testify On Reserve Bond Issue

    Experts proposed to testify on issues about interest bonds at the plan confirmation hearing of Energy Future Holdings Inc. will not be permitted to take the stand next week after a Delaware judge said Thursday those issues aren’t relevant to confirmation.

  • February 22, 2018

    Texas State Sen. Found Guilty In Securities Fraud Scheme

    A Texas state senator who is also a San Antonio attorney was convicted by a federal jury Thursday of securities fraud and other charges stemming from his alleged role in a fracking-related Ponzi scheme. 

  • February 22, 2018

    Feds Have To Search For More Keystone Docs, Judge Says

    A Montana federal judge on Wednesday said the federal government must take a look at what documents it has pertaining to the Keystone XL pipeline to see if it has produced everything it is required to for two suits brought by activist groups challenging the pipeline’s revival.

  • February 22, 2018

    TransCanada Gas Unit Vies For FERC Market Rates At DC Circ.

    Pipeline giant TransCanada Corp.’s U.S. natural gas storage unit urged a D.C. Circuit panel Thursday to allow it to charge market-based rates, asserting in oral arguments that the Federal Energy Regulatory Commission wrongly denied it the right to charge those rates while permitting others in the same market to do so.

  • February 22, 2018

    7th Circ. Wants US Input On Ill. Nuke Subsidies

    The Seventh Circuit on Wednesday asked the U.S. government to weigh in on whether Illinois' plan to subsidize nuclear power plants usurps federal authority over wholesale electricity markets, a sign that the appeals court is still struggling to decide the issue.

  • February 22, 2018

    Repsol Inks €3.8B Sale Of Utility Stake To CVC Affiliate

    Spanish energy company Repsol said Thursday it has inked a deal to sell a roughly 20 percent stake in a natural gas and electric utility to a company controlled by CVC-affiliated funds for €3.8 billion ($4.7 billion).

  • February 22, 2018

    Energy Transfer Wants Enviros' Sanctions Bid Quashed

    The Energy Transfer entities that operate the Dakota Access pipeline urged a North Dakota federal court Wednesday not to sanction them over allegations that they didn’t do their homework before suing an environmental group they're accusing of organizing violent protests against the pipeline.

  • February 22, 2018

    Commerce Finalizes Argentine, Indonesian Biodiesel Duties

    The U.S. Department of Commerce unveiled a final set of tariffs on biodiesel imports from Argentina and Indonesia late Wednesday, affirming its earlier finding that the merchandise had been sold in the U.S. at unfairly low prices.

  • February 22, 2018

    Partners Group Closes $3.6B Infrastructure Fund

    Global private market investment manager Partners Group has raised $3.6 billion during a private offering that will be invested in renewable energy projects and other infrastructure projects throughout the world, the company said on Thursday.

  • February 21, 2018

    EPA's Pruitt Faces House Oversight Inquiry Into Flights

    The House oversight committee has joined the chorus of investigators seeking details from U.S. Environmental Protection Agency head Scott Pruitt about his travel expenses, according to a letter Tuesday questioning the administrator’s use of first-class travel accommodations for government business.

  • February 21, 2018

    Uncertainty Abounds After DC Circ. Slices EPA Ozone Regs

    The D.C. Circuit’s recent decision scrapping parts of a 2008 U.S. Environmental Protection Agency rule that outlined how geographic areas could meet 2008 ozone standards not only creates uncertainty for cities, counties and businesses, but could force the EPA to overhaul a pending rule meant to aid compliance with newer ozone standards. Here, experts identify three key takeaways from the appellate court’s ruling.

  • February 21, 2018

    10th Circ. Backs Hess, Statoil Wins In Drilling Deals Row

    The Tenth Circuit on Wednesday affirmed the dismissal of a pair of energy companies' breach of contract and tort claims against units of Statoil ASA and Hess Corp. that sought hundreds of millions of dollars in damages over conflicting agreements to drill for oil and gas in North Dakota.

  • February 21, 2018

    EPA Says Fuel Retailers Can't Fight Renewable Mandates

    A trade group representing small fuel retailers can't challenge U.S. Environmental Protection Agency benchmarks for renewable fuels blended into the nation's gas and diesel supply because its members aren’t subject to the rule, the agency told the D.C. Circuit Tuesday.

  • February 21, 2018

    Carbon-Related Tax Unlikely Under Int'l Rules, Prof Says

    A border-adjusted tax aimed at imports with large carbon footprints could theoretically comply with World Trade Organization rules, but mandates requiring consistent treatment of items from different countries could make the policy difficult to carry out in reality, a law professor said at a conference in Houston on Wednesday.

  • February 21, 2018

    US, Others Caution High Court On Utility's Immunity Bid

    The U.S. government, public interest groups and others urged the U.S. Supreme Court on Tuesday not to let an Arizona utility immediately challenge a lower court's finding that it’s not immune from an antitrust suit brought by a subsidiary of Tesla Inc.

Expert Analysis

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Settling Mandatory Duty Lawsuits

    Avi Garbow

    The U.S. Environmental Protection Agency’s 2017 "sue and settle” directive embraces a nascent process to post online notices of intent to sue, complaints and petitions for review. For some this is sufficient for planning purposes and strategic undertakings, but for others it provides interesting opportunities, says Avi Garbow, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Breaking Down The New Interest Deduction Limitation

    Breaking Down The New Interest Deduction Limitation

    The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense.

  • How FERC's New Rule Paves The Way For Energy Storage

    Levi McAllister

    Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation in regional transmission organization and independent system operator markets. Market participants with an interest in energy storage are advised to focus closely on the tariff provisions being developed by each RTO/ISO, say attorneys with Morgan Lewis & Bockius LLP.

  • Series

    EPA In The Trump Era: The Superfund Enforcement Initiative

    Donald Elliott

    When it comes to climate change, the U.S. Environmental Protection Agency under Administrator Scott Pruitt is undeniably less aggressive than under its immediate predecessor. However, for the current EPA, one area that sharply conflicts with this pattern is Superfund, says Donald Elliott, former EPA general counsel and chairman of the environmental practice group at Covington & Burling LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.