• September 20, 2017

    Ga. Landowners Take Transco Pipeline Fight To 11th Circ.

    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.

  • September 20, 2017

    Fed. Court Can't Hear Oil Well Spat Against Ill., Judge Says

    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.

  • September 20, 2017

    NY Judge Pauses $19M Arbitration Over Power Plant Project

    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.

  • September 20, 2017

    Enviros Threaten Duke Energy With Coal Ash Pollution Suits

    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.

  • September 20, 2017

    Sunoco Seeks Redo At 3rd Circ. Over Credit Card Claims

    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.

  • September 20, 2017

    Noncompete Valid But Not Violated, 7th Circ. Rules

    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.

  • September 20, 2017

    Moller-Maersk Ships Off Tanker Unit For $1.17B

    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.

  • September 20, 2017

    SF, Oakland Sue Oil Giants Over Climate Change Costs

    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.”

  • September 20, 2017

    Aluminum Co. To Pay $230K For Alleged Emissions Violations

    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.

  • September 20, 2017

    Glencore Unit Owes $7.3M Award For Impounded Vessel: Suit

    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.

  • September 20, 2017

    IRS Defends Response In Exxon $1.35B Refund Case

    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.     

  • September 20, 2017

    Adams Resources Gets Nod For Additional Well Interest Sale

    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.

  • September 20, 2017

    Marathon Oil To Pay $33.1M In Foreign Tax Settlement

    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.

  • September 19, 2017

    Fla. Building Code Improvements A Bright Spot During Irma

    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.

  • September 19, 2017

    NY Court Backs TransCanada's $58M Coverage Win

    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.

  • September 19, 2017

    Sierra Club Sues EPA Over 'Unprecedented' FOIA Delays

    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.

  • September 19, 2017

    Permits For Washington Methanol Refinery Nixed

    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.

  • September 19, 2017

    NC Appeals Court Backs Duke Monopoly Over Power Sales

    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.

  • September 19, 2017

    EFH Judge Rethinks $275M Breakup Fee In Nixed NextEra Deal

    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.

  • September 19, 2017

    Uranium Mill Shoots Down CAA Suit Over Radon Emissions

    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.

Expert Analysis

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    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.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    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.

  • GAO Report May Impact PHMSA Pipeline Safety Inspections

    Laura LaValle

    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.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    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.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    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.

  • Mass. Clean Energy Standard Reshapes Energy Landscape

    Eric Runge

    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.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    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.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    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.

  • An IRS Lifeline To Public Utilities On Normalization

    Jeffrey Davis

    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.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    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.