Energy

  • May 22, 2018

    Class Can't Get Quick Win In TCPA Suit Against Solar Co.

    A California federal judge on Monday refused to grant a quick win to a certified class seeking to hold a solar company liable for allegedly bombarding consumers with unwanted robocalls on their cellphones, ruling that questions remained about how many offending calls had been placed and whether class members are entitled to enhanced damages.

  • May 22, 2018

    Pakistani Challenge To London Award Nixed In Power Row

    An English judge has barred Pakistan's state-owned power provider from pursuing a challenge in that country to a London arbitration award issued in a payment dispute with several power producers, concluding in a decision made public on Friday that Pakistani courts do not also have authority to supervise the arbitration.

  • May 22, 2018

    Okla. Judge Greenlights Class Action In Fracking Quake Suit

    An Oklahoma state judge on Friday certified a class action accusing an oil and gas company of contributing to earthquakes near a city in the state through its use of hydraulic fracturing wastewater disposal wells, one of several suits lodged against drillers over links between fracking and increased earthquake activity in the state.

  • May 22, 2018

    Stay Corps' $3.5B Pipeline Permit, Enviros Tell 4th Circ.

    Environmentalists urged the Fourth Circuit on Tuesday to suspend a U.S. Army Corps of Engineers permit for the $3.5 billion Mountain Valley gas pipeline while they challenge its legality, arguing that the developers have admitted they can't satisfy the permit's conditions.

  • May 22, 2018

    Workers Hurt In Texas Plant Blast Sue For Over $1M

    Five workers who were injured during a recent explosion and subsequent fire at a Houston-area chemical plant have filed a lawsuit against Kuraray America Inc. in Texas for more than $1 million in damages.

  • May 22, 2018

    Biz Partner Asks 7th Circ. To Revive Claims Over Equity Grab

    A former 50-50 shareholder in a utility servicing company asked the Seventh Circuit to revive federal racketeering and securities claims in a suit accusing his business partner of illegally transferring himself more equity in the company, saying the lower court incorrectly found for the company over whether he consented to the transfer.

  • May 22, 2018

    Pa. Firms Facing Incinerator Project Suit Blame Contractor

    Eckert Seamans Cherin & Mellot LLC and a financial firm both accused in a newly filed lawsuit of misleading the city of Harrisburg, Pennsylvania, about an incinerator project that nearly sank the state capital under $360 million in debt are arguing that the project’s financial failure lies not with them, but with the construction company that couldn’t complete the project.

  • May 22, 2018

    Australia’s Santos Shuts Down $10.8B Harbour Energy Bid

    Australian oil and gas company Santos Ltd. on Tuesday rejected a $10.8 billion takeover bid by private equity-owned Harbour Energy Ltd. and shut down any further discussions of a tie-up with the Houston-based firm, saying Santos is better off pursuing its existing strategy.

  • May 22, 2018

    Navajo Back Mine Owner In 9th Circ. Fight Over Coal Plant

    The Navajo Nation says the Navajo Transitional Energy Co. should be able to advocate for the nation’s interests in a Ninth Circuit case hinging on sovereign immunity, as environmentalists challenge approval for a coal-fired power plant and a nearby mine on tribal land.

  • May 22, 2018

    Minn. Gov. Vetoes Bill To Greenlight Pipeline Project

    Minnesota Democratic-Farmer-Labor Party Gov. Mark Dayton has refused to sign a bill that would authorize the company behind a pipeline replacement project to go ahead with construction across the northern part of the state, saying the legislation would nullify a process to see if the project is necessary for the state.

  • May 22, 2018

    More US Partners Ready To Hit Back Against Metal Tariffs

    Russia, Japan and Turkey are the latest governments to threaten the U.S. with retaliation over its steel and aluminum tariffs, according to World Trade Organization documents circulated Tuesday, marking the latest turn in a saga that could leave U.S. exporters facing upward of $3 billion in foreign levies.

  • May 22, 2018

    Construction Industry Anxious For Water Rule Saga To Dry Up

    The construction industry spends huge amounts of time and money on all kinds of permits to complete a project, and few pose bigger headaches than those triggered when the federal government determines that a project affects water bodies protected by the Clean Water Act — making the Trump administration’s attempt to clear up the issue a top concern.

  • May 21, 2018

    Justices To Review Scope Of Immunity For Int'l Orgs

    The U.S. Supreme Court has agreed to review a D.C. Circuit decision holding that international organizations enjoy even more immunity from lawsuits than do foreign governments, taking up a case Monday from a group of Indian nationals suing the International Finance Corp. over a power plant project they say has wreaked havoc on the surrounding environment.

  • May 21, 2018

    NJ Asks DC Circuit To Undo PennEast Pipeline Approval

    New Jersey launched a challenge in the D.C. Circuit on Monday to the Federal Energy Regulatory Commission's recent decision to greenlight construction of the controversial $1 billion PennEast gas pipeline.

  • May 21, 2018

    National Park Service Sea Level Report Cites Climate Change

    The U.S. National Park Service on Friday released a report on sea level rise and its implications for the agency that focused on human-caused climate change, something the Trump administration had reportedly been considering avoiding.

  • May 21, 2018

    Shell Gets $61M In Suit Over Costs For Dismantling Wells

    A Louisiana federal jury has awarded Shell Offshore Inc. $61 million in its suit against Eni Petroleum US LLC over the alleged underpayment of costs associated with the dismantling of four oil and gas wells in the Gulf of Mexico, according to a judgment entered Friday.

  • May 21, 2018

    NJ Justices Won't Review BASF, Shell Win Over Polluted Site

    The New Jersey Supreme Court on Monday declined to review an appellate decision upholding a settlement that forced the former owner of a landfill site to turn over the facility to BASF Corp., Shell Oil Co. and others in exchange for their handling of cleanup costs.

  • May 21, 2018

    CVR Faced With Discovery Sanction In Wachtell Lipton Suit

    The “dilatory” document production by CVR Energy Inc. in its long-running legal battle with Wachtell Lipton Rosen & Katz over tens of millions in fees generated in a Carl Icahn-led takeover has put the petroleum refining company at risk of sanctions, a New York federal judge said in an order posted Monday.

  • May 21, 2018

    Bank Fraudster Gets 2 Years In Prison For Criminal Contempt

    A purported oil and gas entrepreneur found guilty of criminal contempt for refusing to repay a bank that won a $5 million judgment against him, and later convicted of bank fraud by a second jury, was sentenced Monday to two years in prison by a Manhattan federal judge in the contempt matter.

  • May 21, 2018

    Pakistan Takes India To World Bank Over Hydro Plants

    Pakistan on Monday said it would ask the World Bank to step into a long-running dispute with India over the construction of two hydroelectric power plants that flow from one country into the other, saying the construction violates a nearly 60-year-old water treaty. 

Expert Analysis

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • FCPA Settlement Shows Gov't Going After All Sides

    Amelia Hairston-Porter

    A nuclear fuel transport company's March settlement with the U.S. Department of Justice resulted in charges against not only the company itself, but also against senior executives, a foreign official and a middleman allegedly involved in bribe payments. The DOJ's pursuit of all sides in this case parallels its actions in other recent cases, say Amelia Hairston-Porter and Nina Gupta of Miller & Chevalier Chtd.