Energy

  • April 20, 2018

    11th Circ. Affirms Sewage Not Pollution In Insurance Row

    The Eleventh Circuit upheld an Alabama federal court's ruling that a pollution exclusion in an insurance policy doesn’t apply to property damage and injuries from a sewage leak, saying Friday the lower court rightly drew comparisons to a past case that reached the same conclusion.

  • April 20, 2018

    Gazprom Files For Contract Termination In Gas Supply Row

    Gazprom on Friday asked arbitrators in Stockholm to sign off on its decision to terminate gas supply and transit contracts with Ukraine's Naftogaz, after negotiations to restart supplies following Naftogaz's $2.56 billion arbitral award ended without a deal.

  • April 20, 2018

    NY Beefs Up Energy Efficiency Targets To Drive GHG Cuts

    New York Gov. Andrew Cuomo on Friday unveiled a new energy efficiency target that aims to significantly slash buildings' energy use by 2025, saying the reductions will help the Empire State reach the goal of cutting its greenhouse gas emissions by 40 percent from 1990 levels by 2030.

  • April 20, 2018

    Mining Co. Asks DC Circ. To Revisit EPA Superfund Ruling

    Sunnyside Gold Corp. urged the D.C. Circuit on Thursday to rethink a panel decision backing the U.S. Environmental Protection Agency’s addition of the entire Bonita Peak Mining District in Colorado to the federal Superfund list, saying the opinion conflicts with the court’s precedent and is “inviting agency abuse and overreach in listing decisions.”

  • April 20, 2018

    Winston Grabs Ex-O'Melveny Project Finance, M&A Partner

    Winston & Strawn LLP said it has landed former O'Melveny & Myers LLP partner Richard Shutran, a leading project finance and mergers attorney who previously served as the global finance group chair at Dewey & LeBoeuf LLP.

  • April 20, 2018

    NJ Gov. Signs Law Banning Offshore Drilling

    Newly minted New Jersey Gov. Phil Murphy signed into law a bipartisan bill on Friday that bans offshore oil and gas drilling in the state’s waters and beyond, a move that comes as a rebuke to the Trump administration’s efforts to undo Obama-era restrictions on the activity in the Atlantic and Pacific oceans.

  • April 20, 2018

    Tribe Opposes Railroad's Appeal Bid In Right-Of-Way Suit

    The Swinomish Indian Tribal Community urged a Washington federal judge Thursday not to permit an appeal of his rulings in favor of the tribe in its suit alleging BNSF Railway Co. shipped crude oil across reservation land in violation of an agreement, saying the railroad is merely trying to prolong the case.

  • April 20, 2018

    K&L Gates, Ex-Client Agree To Toss Houston Malpractice Suit

    K&L Gates LLP and the owner of an oil and gas equipment company are both seeking the dismissal of a legal malpractice suit the executive brought against the firm and one of its partners, the parties told a state district court judge in Houston on Thursday.

  • April 20, 2018

    GOP State AGs Back Big Oil In Calif. Climate Suits

    Republican attorneys general from 15 states urged a California federal judge Thursday to dump Oakland's and San Francisco's suits seeking to hold oil giants liable for climate change-related infrastructure damage, accusing the Golden State municipalities of unlawfully trying to regulate national fossil fuel use through the courts.

  • April 20, 2018

    Exxon Takes AG Climate Probe Fight To 2nd Circ.

    Oil giant ExxonMobil said Friday it will appeal to the Second Circuit a New York federal judge's dismissal of its suit claiming the attorneys general of New York and Massachusetts conspired to violate its free speech rights on climate change issues by investigating the company.

  • April 20, 2018

    Dems Look To Shield Offshore Rules From Trump Rollback

    Eight years after the Deepwater Horizon disaster that killed 11 and sent plumes of oil spraying into the Gulf of Mexico for months, a group of Democratic senators Thursday proposed codifying two Obama-era rules aimed at tightening regulations for offshore drilling after the Trump administration moved to reconsider them.

  • April 20, 2018

    HSBC Halts Coal Power Plant Funding To Honor Paris Accord

    HSBC Holdings PLC said Friday it is turning its back on funding high-carbon energy projects as the bank looks to ease pressure from activists and regulators who want financial services firms to step up their response to climate change.

  • April 19, 2018

    Ex-Venezuelan Official Cops To Money Laundering Scheme

    A former Venezuelan official pled guilty in Texas federal court Thursday to a $7 million money laundering scheme involving bribe money allegedly paid by U.S.-based companies to government officials in Venezuela in order to obtain energy contracts, the U.S. Department of Justice announced.

  • April 19, 2018

    Senate Finance Leaders Want Tariff Exclusions Smoothed Out

    The U.S. Department of Commerce should improve the procedures that businesses must follow for securing a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum to ensure that due process is followed, the heads of the Senate Finance Committee asserted on Thursday.

  • April 19, 2018

    Driller Gets Approval Of $14.3M Award In Trade Secrets Fight

    A Texas appeals court on Thursday affirmed a jury’s verdict that awarded a driller $14.3 million in lost profits due to misappropriated trade secrets by a potential partner in a Montana oil and gas development project, though it threw out an award of $4.5 million in exemplary damages.

  • April 19, 2018

    Marathon Settles ERISA Suit Over $88M In 'Risky' Investments

    Marathon Petroleum Corp.’s retirement plan has opted to settle a proposed class action over its decision to invest $88 million in company stock rather than face the possibility of the Sixth Circuit reviving the suit, which accuses the oil and gas company of playing fast and loose with retirees’ savings.

  • April 19, 2018

    BLM Takes Steps To Open Arctic Refuge For Oil, Gas Drilling

    The Bureau of Land Management began the administrative process Thursday to open up the Arctic National Wildlife Refuge for oil and gas drilling, angering environmental groups that have long battled to keep the wild landscape development-free.

  • April 19, 2018

    Invenergy To Pay $1 In Damages For Investor Sale Dispute

    Citing in part a corporate law doctrine of “efficient breach,” a Delaware vice chancellor on Thursday awarded Leaf Clean Energy Company just $1 in damages in an investment dispute with wind farm developer Invenergy Wind LLC that Leaf said should have triggered a $126 million cash-out.

  • April 19, 2018

    'Close Enough Is Good Enough' For Air Standards: EPA Head

    The head of the U.S. Environmental Protection Agency’s air office said Thursday that too much energy has been spent trying to achieve perfection in air quality standards for pollutants that are subject to review every five years, when “good enough” will do.

  • April 19, 2018

    11th Circ. Says Hydroelectric Co. Deserved To Lose License

    A hydroelectric company's license to generate power at a Georgia dam was lawfully revoked by a federal agency in response to the company's failure to construct a fishway it promised in exchange for receiving permission to increase its generating capacity, the Eleventh Circuit ruled on Wednesday.

Expert Analysis

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Update For Gov't Contractors On Settled Suit Cost Recovery

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    Since the Federal Circuit's 2009 decision in Geren v. Tecom, the allowability of government contractor settlement costs incurred in just about any type of third-party lawsuit has been unclear. But this month the U.S. Court of Federal Claims had the opportunity to analyze the Tecom standard in Bechtel v. U.S., say Steven Masiello and Tyler Thomas of Dentons.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

  • Battery Supply Chain: A Unique Growth Opportunity

    Rebecca Campbell

    Battery materials and electric vehicles offer something unique to today’s commodity producers and investors: a sustainable growth story that is not just China-dependent. The exponential growth in demand is creating a scramble for resources not seen since the last great commodity supercycle, say attorneys with White & Case LLP.

  • Must FERC Weigh GHG Emissions In Pipeline Reviews?

    Jay Costan

    The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Status Update On 'One Federal Decision' Project Reviews

    Raya Treiser

    Last week, a dozen federal agencies signed a memorandum of understanding committing to a more coordinated and streamlined federal review process. But because there have been no changes to underlying statutory requirements, each agency will still have to determine that a project review meets its respective legal obligations, say Raya Treiser and Nathaniel Custer of WilmerHale.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Coaltrain Ruling Clarifies FERC’s Enforcement Powers

    Michael Brooks

    A federal district court in Ohio recently upheld some of the Federal Energy Regulatory Commission’s penalties against an energy company and its owners for market manipulation. Although the court’s reasoning generally followed the lead of other courts that have recently opined on the scope of FERC’s enforcement authority, there are a number of elements worth noting, say attorneys with Bracewell LLP.