Energy

  • June 27, 2017

    BREAKING: EPA, Army Corps Move To Sink Clean Water Rule

    The U.S. Environmental Protection Agency and the Army Corps of Engineers on Tuesday proposed rescinding an Obama-era rule defining the federal government’s permitting jurisdiction under the Clean Water Act, a measure that has drawn fire from critics who say the rule improperly expanded the agencies’ authority.

  • June 27, 2017

    BP, Shell Want 2nd Circ. To Review MTBE Case Revival

    Shell Oil Co. and BP Products North America asked the Second Circuit on Monday to revisit its decision to revive the Orange County Water District’s groundwater contamination claims, arguing that the allegations are too similar to a suit settled with the county district attorney to be valid.

  • June 27, 2017

    Supreme Court Denies Cert In Transocean Investor Suit

    The U.S. Supreme Court said Tuesday it wouldn't hear an appeal of a Second Circuit decision that refused to revive a suit from Transocean investors who claimed they were deceived about company safety practices by the owner of the Deepwater Horizon drilling rig when Transocean merged with GlobalSantaFe Corp.

  • June 27, 2017

    Nigeria Knocks Ex-Enron Unit's Fee Bid In $21M Award Row

    A former Enron subsidiary has failed to justify its request for hundreds of thousands of dollars in legal fees for the solo practitioner who netted the company confirmation of a contract breach arbitral win against the Nigerian government now topping $21 million, the country told a D.C. federal court Monday.

  • June 26, 2017

    U.S. Mayors Make Clean Energy Reliance A National Priority

    The U.S. Conference of Mayors concluded its annual meeting Monday in Miami Beach, Florida, by announcing its members voted unanimously to make a commitment to moving their cities toward 100 percent use of clean and renewable energy by 2035.

  • June 26, 2017

    Oil Cos. Blast Enviros' Bid To Block NM Drilling Permits

    The oil industry urged a federal court Friday to reject environmental groups’ bid for a quick win in their challenge to the U.S. Bureau of Land Management’s approval of more than 350 permits to drill in New Mexico’s Mancos Shale formation.

  • June 26, 2017

    Tatneft Fights Stay Of $112M Enforcement Suit During Appeal

    Russian energy company PAO Tatneft asked a D.C. federal court on Monday not to pause its suit to enforce a $112 million arbitral award during an appeal in France, saying a stay would ensure the nearly decade-old dispute drags on for years to come.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Calif. Appeals Court Orders Sewer System Enviro Review

    A California appeals court on Friday ordered an air quality district to complete an environmental review of a sewer system that manages oily water from a rail-to-pipeline transfer terminal owned by Plains All American Pipeline LP, reversing a lower court judgment that said no review was necessary.

  • June 26, 2017

    Senate OKs Trump Nuclear Regulatory Commission Pick

    The Senate on Monday confirmed President Donald Trump’s pick to head the Nuclear Regulatory Commission, setting up another five-year term for the current chairwoman.

  • June 26, 2017

    EFH Gets Nod For Up To $6.3B In Replacement DIP Financing

    A Delaware bankruptcy judge gave Energy Future Holdings Corp. the nod Monday for up to $6.3 billion in replacement debtor-in-possession financing aimed at preventing a jam when its current post-petition loan matures in four days and covering the power giant if its historic case stretches into 2018.

  • June 26, 2017

    Divided Pa. House OKs Controversial Coal Mining Measure

    In a move blasted by Democrats as a giveaway to Consol Energy Inc. as the company faces a legal challenge over the environmental impact of its subsidiary’s coal mining operations, a divided Pennsylvania House of Representatives approved a bill Monday that would clarify standards for proving mine-related pollution.

  • June 26, 2017

    US Trustee Blasts Ryckman Creek's Executive Bonus Plan

    The U.S. trustee on Monday objected in Delaware bankruptcy court to natural gas storage venture Ryckman Creek Resources’ proposed $2.5 million executive incentive plan, saying it’s impossible to determine if the incentive targets were set too low.

  • June 26, 2017

    BIA Must Rethink Some Arapaho Contract Bids, Judge Says

    A Montana federal judge on Friday ruled that the Bureau of Indian Affairs has to reconsider two decisions to decline the Northern Arapaho tribe’s requests for federal contracts, but upheld several other similar decisions by the agency amid the tribe’s dispute with the Eastern Shoshone tribe over services on their shared reservation.

  • June 26, 2017

    BP Withdraws Gas-Pricing Arbitration Claim Against India

    An arbitration claim filed by offshore drilling partners BP PLC, Niko Resources Ltd. and Reliance Industries Ltd. against India over its delay in implementing a 2014 guideline on domestic natural gas pricing has been withdrawn, BP has confirmed.

  • June 26, 2017

    Ex-Rigzone Execs, DHI Strike Deal In Info Theft Suit

    An energy industry networking site that sued its former chief and his colleagues after they allegedly started a rival site with stolen information has reached a deal with the defendants, leading a Texas federal judge to conditionally dismiss the case Monday.

  • June 26, 2017

    DC Circ. Won't Revive La. Challenge To FERC Rate Ruling

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's approval of certain depreciation rates used in a formula to balance power production costs in four states served by Entergy Corp., rejecting arguments from Louisiana utility regulators that the rates weren't just and reasonable.

  • June 26, 2017

    Enviros Can't Score Win Against Exxon In Chemical Plant Suit

    A Louisiana federal judge on Friday refused to confirm that an environmental group has the right to pursue its lawsuit alleging Exxon Mobil Corp.’s Baton Rouge chemical plant violated the Clean Air Act, saying she needs more information before deciding the question.

Expert Analysis

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • 2 Diverging Standards On Disclosing Interim Financial Info

    Kevin LaCroix

    With the Second Circuit's opinion in Stadnick v. Vivint Solar, we now have a situation where two federal appellate courts have promulgated differing standards to determine when companies making initial public offerings must disclose interim financial information. The question is whether we have a “split between the circuits” of the kind that might attract the attention of the U.S. Supreme Court, says Kevin LaCroix of RT ProExec.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40

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    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Opinion

    DOJ Would Strongly Enforce More Russia Sanctions

    Harry Dixon

    The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

  • Series

    FERC At 40: How It Became An Enforcement Agency

    David Applebaum

    Following the Western energy crisis of 2000-2001, the Federal Energy Regulatory Commission transformed itself into a robust enforcement agency. In the coming years, FERC has an opportunity to ensure that its important efforts to deter conduct in violation of federal law do not overregulate or unnecessarily increase market participants’ costs, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • Why High Court Should Find IPR Constitutional

    Kenneth Hairston

    The inter partes review constitutionality case that the U.S. Supreme Court recently agreed to hear is a perfect opportunity for the justices to exercise judicial restraint and indirectly address the public versus private property rights issue as was done in the B&B Hardware trademark case, says Kenneth Hairston, counsel at Fitch Even Tabin & Flannery LLP and a former administrative patent judge.