A group of Georgia landowners is asking an Eleventh Circuit panel Thursday to reverse a decision allowing Transcontinental Gas Pipe Line Co. to access their land to build a pipeline without paying compensation upfront, in a case that could help shape the legal landscape of natural gas pipeline disputes.
An Illinois district judge on Wednesday tossed an oil well operator and waste transporter’s suit against the state’s environmental regulator seeking a guarantee it could inject acid into its underground wells without getting fined, saying the 11th Amendment bars a federal court from hearing claims against a state.
A New York federal judge on Wednesday temporarily paused a $19 million arbitration initiated by a Hyundai unit against SantosCMI SA stemming from a power plant construction project gone awry, saying the Ecuadorean company had raised a valid question as to the tribunal's jurisdiction.
Community groups in Indiana, Kentucky and North Carolina on Wednesday hit Duke Energy with notices that they intend to sue the company for allegedly withholding dam safety information related to potential coal ash spills.
Sunoco Inc. on Tuesday asked the Third Circuit to review its split decision refusing to let the energy giant force arbitration in a credit card customer’s proposed class action over an allegedly broken promise for rewards at gas stations, saying that the majority “misperceived” contract law and contravened relevant court precedents.
The Seventh Circuit ruled Wednesday that the former owner of a fuel-additive business didn’t violate a noncompete agreement he reached with the purchasers of his company when he subsequently sold his other firm and helped that buyer set up shop.
Danish shipping giant A.P. Moller-Maersk A/S on Wednesday said it struck a deal to sell its oil tanker business to APMH Invest, a subsidiary of its controlling shareholder, for $1.17 billion, the second deal in a strategy to separate oil and oil-related business from the Copenhagen-based company.
San Francisco and Oakland, California, on Tuesday sued BP, Chevron, Exxon Mobil, ConocoPhillips and Shell, alleging the oil companies are responsible for infrastructure costs related to climate change events due to their “production of massive amounts of fossil fuels.”
An aluminum product manufacturer agreed Tuesday to pay a $230,000 civil penalty and create new chemical testing and compliance plans to end allegations by the Environmental Protection Agency that its South Carolina facility didn’t meet federal hazardous chemical guidelines.
A Glencore International AG subsidiary that chartered a now-impounded vessel to deliver crude oil from Venezuela owes the owner of the ship, Space Shipping Ltd., a $7.3 million arbitration award, the company alleged in Connecticut federal court Tuesday.
The Internal Revenue Service on Tuesday hit back at ExxonMobil’s contention that it is taking too long to respond to the oil giant's request to recover administrative penalties it paid after seeking $1.35 billion in tax refunds, for which it later sued, telling a Texas federal court the clock hasn’t yet wound down on the agency’s administrative process.
Bankrupt oil and gas driller Adams Resources Exploration Corp. received court approval Wednesday in Delaware for the sale of two additional well interests after an earlier sale generated proceeds of more than $5 million.
Marathon Oil told a Texas federal court Tuesday that it has agreed to pay a group of limited partners $33.1 million to settle claims that the company cheated them out of millions in foreign tax credits in connection with a gas processing plant in Equatorial Guinea.
With its impact felt from Key West to Jacksonville, Hurricane Irma delivered Florida a mighty blow, but building industry experts say the storm’s destruction would have been much worse if not for stronger building codes and regulations enacted after the devastation of Hurricane Andrew 25 years ago.
TransCanada Energy USA Inc. is entitled to nearly $58 million in coverage for its costs for property damage and business interruption stemming from the breakdown and temporary loss of a faulty turbine, a New York appellate court affirmed on Tuesday.
The Sierra Club is suing the U.S. Environmental Protection Agency in D.C. federal court for stonewalling multiple Freedom of Information Act requests, in what the environmental group calls an “unprecedented” pattern of obstruction and unresponsiveness at the agency.
Environmentalists claimed a win on Monday after a Washington state board that hears appeals of various permits voided two permits for a proposed methanol refinery in Kalama, saying there is a need for more clean energy instead of fossil fuels.
A North Carolina appeals court on Tuesday said that an environmental group acted as a public utility when it installed solar panels at a Greensboro, North Carolina, church and charged it for the electricity they generated, infringing upon Duke Energy Corp.'s state-sanctioned monopoly over electricity sales in the region.
The Delaware bankruptcy judge presiding over the Energy Future Holdings Corp. case said Tuesday he would reconsider his decision to allow a $275 million breakup fee in the now-failed $18 billion NextEra Inc. sale deal, ruling he made a mistake when approving the fee a year ago.
A Utah federal judge has tossed an environmental group’s Clean Air Act lawsuit against uranium mill operator Energy Fuels Resources Inc. over allegedly excessive radon emissions, declining to second-guess the Utah state air regulator’s finding that emissions tests performed by the company were valid.
The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.
Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.
The U.S. Pipeline and Hazardous Materials Safety Administration uses its Risk Ranking Index Model to determine the frequency with which pipelines must be inspected. But a new report by the U.S. Government Accountability Office, questioning the assumptions behind the model, seems likely to lead to changes in pipeline inspection procedures, say Laura LaValle and Hana Vizcarra of Beveridge & Diamond PC.
Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.
As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.
With the regulations it issued last month, Massachusetts maintains its leadership position among states seeking to achieve ambitious clean and renewable energy goals. The Clean Energy Standard will create major new investment opportunities and impact the wholesale power markets in significant ways, says Eric Runge of Day Pitney LLP.
California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.
Last week, the Internal Revenue Service provided a safe harbor for public utilities that inadvertently break the so-called normalization rules, which are used to reconcile tax treatment of investment tax credits, or accelerated depreciation of assets, with their regulatory treatment. This is undoubtedly good news for public utilities, say attorneys with Mayer Brown LLP.
Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.