Energy

  • April 27, 2017

    Trump To Sign Order To Review Offshore Drilling Limits

    President Donald Trump will sign an executive order Friday directing the U.S. Department of the Interior to review his predecessor’s ban on offshore drilling in the Arctic and Atlantic oceans, the aim being to open up those protected waters to such activity.

  • April 27, 2017

    EFH Judge Again Rejects Del. Trust Bid To Boost Recovery

    A Delaware bankruptcy judge on Thursday again rejected a bid by Energy Future Holdings Corp. first-lien lender Delaware Trust Co. for a larger recovery share, ruling that even though the power giant had a new Chapter 11 plan confirmed, the relevant terms of the new strategy have not changed.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    Feds Deny Responsibility For Platinum Partners Jury Leak

    Federal prosecutors told a New York federal judge on Wednesday that defendants accused of partaking in a $1 billion securities fraud scheme at Platinum Partners have no evidence that a government agent was behind purported grand jury leaks about the investigation into the hedge fund.

  • April 27, 2017

    NJ Says PennEast Pipeline Permit Application 'Incomplete'

    The New Jersey Department of Environmental Protection has deemed an application for a permit for the $1 billion PennEast natural gas pipeline project, which would run from Pennsylvania to central New Jersey, "administratively incomplete," according to a letter the DEP sent to the pipeline company on Wednesday.

  • April 27, 2017

    Nuclear Plant Owners Fight IP Clause In Westinghouse Loan

    The owners of a nuclear power plant in Georgia being constructed by bankrupt nuclear energy giant Westinghouse Electric Co. LLC told a New York court on Wednesday that the contractor is unnecessarily putting the project in danger by pledging its intellectual property in exchange for an $800 million loan.

  • April 27, 2017

    Ky. Supreme Court Reinstates Power Plant Water Permit

    The Kentucky Supreme Court on Thursday reversed a lower court and ruled that a coal power plant’s wastewater permit should be reinstated, deciding that the federal guidelines the permit was issued under did not require the company to make additional assumptions about its responsibilities.

  • April 27, 2017

    Gibson Dunn Adds 6 Energy Partners In Houston

    Gibson Dunn & Crutcher LLP added six partners from Baker Botts LLP who specialize in capital markets, mergers and acquisitions, finance and tax in the energy sector to its energy-focused Houston office, the firm announced Thursday.

  • April 27, 2017

    FirstEnergy Settles BNSF, CSX Coal Delivery Row For $109M

    A FirstEnergy Corp. unit said on Thursday that it will pay $109 million to two railway companies to settle claims that it failed to fulfill the terms of a coal transportation contract, a situation that the company had tried to blame on a U.S. Environmental Protection Agency power plant emissions rule.

  • April 27, 2017

    Fracking Tech Co.'s 'Reactive' TM Is Generic, Judge Rules

    A fracking technology company may not use the word “reactive” as a trademark in its product marketing, a federal judge in the Eastern District of Texas ordered Thursday, saying the word is generic.

  • April 27, 2017

    India Can’t Split Cairn's $4.4B Tax Arbitration

    An international arbitration panel has refused India's request to split an arbitration initiated by U.K.-based Cairn Energy PLC challenging Cairn's $4.4 billion tax bill so the tribunal could first consider whether the claim is outside the scope of protection afforded by a bilateral investment treaty, a company spokeswoman said Thursday.

  • April 27, 2017

    Pruitt To Skip GOP Fundraiser After Senator's Complaint

    U.S. Environmental Protection Agency chief Scott Pruitt reportedly will not headline an Oklahoma Republican Party fundraiser because invitations didn’t comply with federal ethics laws.

  • April 27, 2017

    Surge Of Blank Check Cos. To Oil Patch Won't Last

    A recent influx of private equity-affiliated blank check companies looking to buy private energy companies has injected additional deal-making juice into an industry recovering from a prolonged oil price slump, but experts say that wave may recede quickly as traditional initial public offerings for energy firms pick up again.

  • April 27, 2017

    TVA Liable For Secondhand Asbestos Death, 11th Circ. Says

    An Eleventh Circuit panel on Wednesday said that the Tennessee Valley Authority’s negligent asbestos practices caused the wife of one of its former employees to die painfully and prematurely, affirming much of an almost $3.5 million award in her favor.

  • April 27, 2017

    Lexington Wins Right To Arbitrate Exxon Coverage Fight

    A Texas appellate court Thursday sided with Lexington Insurance Co. in its coverage dispute with ExxonMobil Corp. over whether an umbrella policy provided Exxon coverage stemming from a deadly April 2013 fire at its Beaumont refinery, holding that an agreement between the parties calls for the claims to be arbitrated.

  • April 27, 2017

    Exxon Must Pay Nearly $20M For Texas Refinery Pollution

    A Texas federal judge ruled Wednesday that Exxon Mobil Corp. must pay nearly $20 million in civil penalties for millions of pounds of air pollution from a refining and chemical complex in a Houston suburb, a win for environmental groups that saw their suit revived by the Fifth Circuit last year.

  • April 27, 2017

    Trudeau Urged To Ban US Coal Shipping Over Lumber Tariff

    British Columbia Premier Christy Clark on Wednesday asked Canadian Prime Minister Justin Trudeau to ban shipments of U.S. thermal coal from entering ports in her province in response to a tariff placed on softwood lumber by President Donald Trump earlier this week.

  • April 27, 2017

    New Mexico And Calif. Sue DOI Over Oil And Gas Royalties

    The states of New Mexico and California on Wednesday sued the federal government for alleged unpaid royalties that should have been paid to the states for producing oil, gas and coal, saying the U.S. Department of Interior has blocked millions of owed royalties.

  • April 27, 2017

    Quorumless FERC Sits Out Ill. Nuke Plant Subsidy Fight

    The Federal Energy Regulatory Commission told an Illinois federal judge Wednesday it would not weigh in on whether the state's plan to subsidize struggling nuclear power plants intrudes on the agency's authority to oversee wholesale electricity rates, as a coalition of power producers claims.

  • April 27, 2017

    DC Circ. Suspends Litigation Over EPA Mercury Rule

    The D.C. Circuit on Thursday granted the U.S. Environmental Protection Agency’s request to delay a legal battle over the costs of the agency's rule limiting mercury and other toxic emissions from coal-fired power plants, canceling oral arguments that had been slated for May.

Expert Analysis

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The Challenges For CEA Price Manipulation Plaintiffs

    Mark Young

    The recent contrasting outcomes of the regulatory and private actions against Total Gas illustrate at least one significant difference between public and private price manipulation enforcement under the Commodity Exchange Act — private plaintiffs have a difficult, and sometimes insurmountable, hurdle to overcome, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • More EPA Financial Responsibility Rules On The Way

    Wray Blattner

    The U.S. Environmental Protection Agency recently proposed a rule regarding financial responsibility requirements for the hardrock mining industry. The particulars on how it determined this formula may be a precursor for methods used in other upcoming industry regulations, say attorneys with Thompson Hine LLP.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Walking The Lone Pine Trail

    Alan Hoffman

    Lone Pine orders require plaintiffs to provide some prima facie evidence to support causation or other claims based on expert opinion. Such orders do not require plaintiffs to prove their case — only to demonstrate that they have one. Some examples from recent litigation illustrate how Lone Pine orders can benefit both sides, says Alan Hoffman of Husch Blackwell LLP.