Energy

  • July 21, 2017

    Calif. Solar Project Moved In Enviros' Deal With Company

    Three environmental organizations, the California Department of Fish and Wildlife and a Consolidated Edison Development Inc. unit on Friday said a 247-megawatt solar project in central California has been abandoned over endangered species concerns in favor of a smaller facility in a different location.

  • July 21, 2017

    Trump's Retreat On Climate Change Spurs State Tort Suits

    Lawsuits recently filed in California accusing fossil fuel companies of knowingly causing climate change-related damages signal a new wave of state-court climate tort litigation as the Trump administration pulls back from climate regulation, experts say, though they add that pursuing those suits will be a tall order.

  • July 21, 2017

    FERC Backs Order Utility Can Recoup Half Of $31M Outlay

    The Federal Energy Regulatory Commission on Friday defended to the D.C. Circuit its decision entitling San Diego Gas & Electric Co. to recoup only half of $31 million it spent on a transmission project if the project is abandoned for reasons outside the utility’s control.

  • July 21, 2017

    $38.4B Energy, Water Bill Sails Through Senate Panel

    The Senate Appropriations Committee on Thursday easily passed a sprawling $38.4 billion energy and water development funding bill that includes, among other things, financing for programs under which the U.S. Army Corps of Engineers and tribes would collaborate on water resource projects and consolidated nuclear waste storage facilities would be built.

  • July 21, 2017

    Breitburn Equity Holders Can Press For Valuation Info

    A New York bankruptcy court granted Breitburn Energy Partners LP shareholders a look at the company’s books on Friday, a day after it granted the company another seven-week extension on its Chapter 11 plan deadline.

  • July 21, 2017

    Potential EFH Bidder Granted Emergency Deal Discovery

    The largest creditor of bankrupt Energy Future Holdings Corp. received court approval Friday in Delaware for its discovery request seeking information about the deadlines included in a $9.1 billion acquisition offer from Warren Buffet's Berkshire Hathaway ahead of a scheduling conference on the sale proposal.

  • July 21, 2017

    EPA Wrongly Delaying Chemical Rule, Enviros Tell DC Circ.

    Green groups and the nation’s largest industrial union told the D.C. Circuit on Thursday that the U.S. Environmental Protection Agency is improperly twisting the Clean Air Act to justify a 20-month delay of an Obama-era chemical risk management rule.

  • July 21, 2017

    Taxation With Representation: Bracewell, Baker, Cleary

    In this week’s Taxation With Representation, Ontario’s partially privatized electricity provider agrees to buy U.S.-based Avista Corp. in a $5.3 billion deal, U.K.-based Reckitt Benckiser inks a $4.2 billion sale of its food business to McCormick, and water-service provider Select Energy Services enters into a stock-for-stock merger deal with Rockwater Energy Solutions.

  • July 21, 2017

    Rising Star: Vinson & Elkins' Bryan Loocke

    Vinson & Elkins LLP's Bryan Loocke has helped broker a slew of multibillion-dollar deals in the oil patch, including over $5.5 billion in announced or closed deals in 2017 alone, earning him a spot as one of five energy attorneys under age 40 honored by Law360 as Rising Stars.

  • July 21, 2017

    Gov't Says Ariz. Agency Can't Sue In Tribal Water Row

    The federal government on Thursday urged a federal judge to throw out a complaint against it from an Arizona water district in an Ak-Chin Indian Community suit accusing the district of refusing to deliver all of the water to which the tribe is entitled to its reservation, saying that its sovereign immunity was never waived. 

  • July 21, 2017

    Miners, Travelers Reach Deal In Wage Claim Coverage Row

    Travelers Indemnity Co., formerly bankrupt Alpha Natural Resources LLC and others asked a West Virginia federal court on Friday to remand a wage suit by former coal miners, saying they've reached a settlement that belongs in state court.

  • July 21, 2017

    Enviro Groups Renew Bid To Pause Sunoco Pipeline Drilling

    Following what they say has been a string of spills and incidents of drinking water contamination, several environmental groups are once again urging a Pennsylvania state judge to force Sunoco to pause drilling operations in connection with the construction of its controversial Mariner East 2 natural gas pipeline.

  • July 21, 2017

    FERC Gives Final Enviro Assessment Of Dominion Pipeline

    The Federal Energy Regulatory Commission on Friday announced its staff has finished a final environmental assessment of Dominion Energy's proposed Atlantic Coast natural gas pipeline, saying the project would have some adverse effects.

  • July 21, 2017

    9th Circ. Won't Rethink Pause Of LA Power Tax Row

    A Ninth Circuit panel unanimously shot down a proposed class of Los Angeles residents’ attempt to restart their suit against the city Wednesday, leaving allegations of illegally collected taxes in California’s state courts.

  • July 20, 2017

    Objectors Force Delay Of SunEdison Ch. 11 Plan Confirmation

    Creditors looking to force bankrupt renewable energy giant SunEdison Inc. to rework its pending Chapter 11 restructuring plan won perhaps just a short term-battle Thursday, as a New York bankruptcy judge adjourned the company's plan confirmation hearing before pending objections could be fully decided, allowing arguments to proceed into next week.

  • July 20, 2017

    Trump Administration Releases Enviro Regulatory Agenda

    The White House on Thursday unveiled its environmental regulatory priorities, clarifying that it intends to proceed full speed ahead with dismantling the legacy of former President Barack Obama.

  • July 20, 2017

    Texas Partnership Ruling Lets Midstream Cos. Breathe Easier

    When it wiped out a $535 million judgment in a closely watched pipeline partnership dispute, a Texas appellate court this week reassured a shaken midstream energy sector its companies can rely on the steps they take to disclaim creating a partnership, experts say.

  • July 20, 2017

    DC Appellate Court Greenlights Exelon-Pepco Merger

    A D.C. appellate court signed off on a $6.8 billion merger between Exelon Corp. and Pepco Holdings Inc. on Thursday, shutting down arguments from multiple challengers that the Public Service Commission of the District of Columbia shouldn’t have approved the deal.

  • July 20, 2017

    Paragon Puts Rig Assets In Ch. 11 For Lack Of Transfer Deal

    Two days after Paragon Offshore PLC’s Chapter 11 plan took effect, the company on Thursday put offshore drilling subsidiaries into bankruptcy after a deal with SinoEnergy Capital Management Ltd., which has a sale-leaseback arrangement connected to the assets, to transfer them to the reorganized company remained elusive.

  • July 20, 2017

    Enviros Sue DOE Over Aging Buildings At Nuke Facility

    Nuclear and environmental watchdog groups sued the U.S. Department of Energy in D.C. federal court Thursday over allegedly dilapidated Tennessee buildings that house part of America’s nuclear weapons program, saying the government is playing a risky game in planning to update its nuclear technology without modernizing the outdated structures where it is housed.

Expert Analysis

  • OFAC Continues To Pursue Oil And Gas Companies

    Michael Casey

    The ExxonMobil penalty is the latest in a string of recent, increasingly aggressive U.S. Treasury Department Office of Foreign Assets Control enforcement actions targeting nonfinancial institutions and particularly entities operating in the oil and gas industry, say attorneys with Ropes & Gray LLP.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Federal Energy Procurement Programs Remain Attractive

    Taite McDonald

    The Trump administration's actions sometimes seem to favor fossil fuels at the expense of clean and innovative energy solutions. But federal energy procurement programs clearly continue to promote an integration of the two. The market for renewable energy at military and other government installations will likely continue to grow, say Taite McDonald and Stephen Bolotin of Holland & Knight LLP.

  • The ‘Failing Firm’ Defense: Pointers From A Blocked Deal

    Danyll Foix

    The recently blocked merger between EnergySolutions and Waste Control Specialists not only confirms that exclusive negotiation, or “no talk,” terms in transactions can thwart antitrust defenses like the “failing firm” defense, but also illustrates how parties may implement these terms without creating antitrust problems, says Danyll Foix of BakerHostetler.

  • How Industry Is Responding To FERC On State Policies

    Stephen Hug

    In May, the Federal Energy Regulatory Commission held a conference focused on the interplay between state policy goals and the organized energy markets in the eastern U.S. The subsequent comments from more than 70 interested parties reflect a basic lack of consensus among industry participants on the best approach going forward, say attorneys with Bracewell LLP.

  • Turning Bust To Boom: P3 Initiatives Under PROMESA

    Richard Cooper

    Normally, investors and lenders to public-private partnerships avoid pursuing projects where the government’s ability to provide financial, operational and logistical support is subject to considerable uncertainty. But the tools provided by the Puerto Rican Oversight, Management and Economic Stability Act can help mitigate some of these risks and even facilitate future projects in Puerto Rico, say attorneys with Cleary Gottlieb Ste... (continued)

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Key Factors In Selling Wind Farm Tax Equity Investments

    Jai Khanna

    Recently, a vibrant market has developed for secondary sales of tax equity partnerships that own wind farms in the U.S. However, sellers and purchasers of such membership interests should consider several important points in connection with any sale, say Jai Khanna and Maher Haddad of Baker McKenzie and Paul Vercruyssen, assistant deputy general counsel at Hannon Armstrong.

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.