Energy

  • January 22, 2020

    Newsom Urges Court To Reject PG&E's Bankruptcy Plan

    California Gov. Gavin Newsom urged a federal bankruptcy court Wednesday to reject Pacific Gas and Electric Co.'s reorganization plan, even as PG&E announced it had reached a deal with a group of bondholders securing their support.

  • January 22, 2020

    Sempra Wins Chancery Fight For Hunt Share Of Texas Utility

    A corporate offspring of bankrupt and sold-off Energy Future Holdings Corp. secured a right to buy an additional stake of a company holding 20% of Texas' largest electric utility Wednesday, after the Chancery Court waded through an "eye-watering" tangle of corporate contracts.

  • January 22, 2020

    DC Circ. Won't Reconsider EPA Pollution Policy Ruling

    The D.C. Circuit on Wednesday rejected a request by environmentalists and California to reconsider a split panel's ruling that courts can't review a U.S. Environmental Protection Agency memorandum rescinding its "once in, always in" air pollution permitting policy.

  • January 22, 2020

    Par Petroleum Wants Storage Cap Undone After Rival Closes

    The Federal Trade Commission is seeking the public's input on Par Petroleum Corp.'s plan to change up its agreement for storing petroleum at a Hawaii terminal, for which it needs the agency's permission following a 2015 antitrust settlement.

  • January 22, 2020

    Securities Law Firms Vie For Lead In Energy Transfer Suit

    Four prominent firms well-versed in securities law submitted bids Tuesday to lead or help lead a proposed shareholders’ class action against pipeline company Energy Transfer LP.

  • January 22, 2020

    Judge Confused By 11th Circ.'s Mandate In Biofuel Bankruptcy

    A Florida federal judge on Wednesday told former biofuel business partners fighting over what one claims was a bad faith involuntary bankruptcy that he’s not sure how to proceed in the case after the Eleventh Circuit vacated his ruling but gave no explanation why.

  • January 22, 2020

    5th Circ. Asked To Revisit OK Of Wind Investors' $63M Award

    The American arm of China's state-run aerospace corporation has urged the Fifth Circuit to reconsider its decision to enforce a $62.9 million arbitral award in favor of fellow investors in a failed wind energy joint venture, saying the decision threatens to "eviscerate" safeguards essential to ensuring fairness.

  • January 22, 2020

    MasTec Says Bribes Cost It $500M In Puerto Rico Work

    Florida-based engineering firm MasTec sued Mammoth Energy Services unit Cobra Acquisitions Tuesday, claiming a bribery scheme diverted $500 million worth of repair work for fixing Puerto Rico's hurricane-damaged electrical grid from MasTec to Cobra.

  • January 22, 2020

    11th Circ. Backs Citrus Grove In Pipeline Land Value Row

    The Eleventh Circuit affirmed Wednesday that a Florida federal court properly allowed a citrus grove owner to personally opine about the value of her land in a condemnation fight with a natural gas pipeline operator, ruling that her testimony wasn’t merely speculative because it drew from her property sales experience.

  • January 22, 2020

    Energy Cos. Tell 1st Circ. Climate Case Belongs In Fed. Court

    Energy giants including Chevron and Shell have again urged the First Circuit to find federal courts have jurisdiction over Rhode Island's suit seeking to force the companies to pay for climate change-related costs, arguing the dispute doesn't belong in state court.

  • January 22, 2020

    Keystone Pipeline Gets Crucial Federal Permit In Montana

    The U.S. Department of the Interior on Wednesday gave TC Energy's Keystone XL pipeline a boost by opening up a path for the controversial project across federal land in Montana.

  • January 22, 2020

    EQT Wants Out Of Stock-Drop Suit Over Rice Energy Merger

    EQT Corp. asked a Pennsylvania federal judge on Tuesday to toss a proposed class action over its merger with Rice Energy, saying the investors behind the suit are trying to "convert their disappointment" with the company's post-merger performance into securities fraud.

  • January 22, 2020

    More Navajo Landowners Can't Join NM Anti-Fracking Suit

    Nearly 200 Navajo landowners can't join a group of tribe members backing the Bureau of Land Management in a challenge from environmental groups over oil and gas drilling permits in the Mancos Shale, a New Mexico federal court has ruled.

  • January 22, 2020

    4th Circ. Won't Revive Commodities Firm's Oil Deal Suit

    The Fourth Circuit on Wednesday refused to revive a Swiss commodities trading company's suit accusing executives of a British Virgin Islands petroleum company of costing it at least $30 million through misrepresentations on a deal to transport fuel from Iraq.

  • January 22, 2020

    Ex-Nuke Site Worker Adds $300K To $1.5M Retaliation Suit Win

    A South Carolina federal court has awarded a former nuclear cleanup manager $295,000 in front pay and interest after a jury awarded her $1.48 million last year, including $1 million in punitive damages, over an employer's retaliation for reporting workplace racism.

  • January 22, 2020

    FERC Faces Heat Over State Clean Energy Subsidies Order

    Regional grid operator PJM Interconnection has headlined an onslaught of arguments that the Federal Energy Regulatory Commission stretched its authority too far in its recent order restricting the presence of state electricity programs in PJM's wholesale electricity auctions.    

  • January 22, 2020

    Denial Of $1M Witness Costs Bucks High Court, 9th Circ. Told

    Schlichter Bogard & Denton LLP has asked the Ninth Circuit to reconsider blocking the prominent ERISA plaintiffs’ firm from using nearly $1 million of a $13.2 million damages award to pay expert witnesses in a class action against Edison International, saying the decision conflicts with case law from the nation's highest court. 

  • January 22, 2020

    Bayou Steel Creditors Seek To Convert Case To Ch. 7

    The unsecured creditors and owner of Bayou Steel BD Holdings LLC are asking the Delaware bankruptcy court to convert the company's Chapter 11 case to a Chapter 7 liquidation, saying even after a $28 million asset sale, Bayou can't pay its administrative expenses.

  • January 22, 2020

    Pa. Justices Preserve Rule Of Capture For Fracking

    The Pennsylvania Supreme Court on Wednesday affirmed that the so-called rule of capture, a century-old precedent shielding drillers from trespassing liability when a well drilled on one property taps into oil and gas beneath a neighboring property, can be applied to hydraulically fractured wells.

  • January 21, 2020

    Law Preserves FERC Role In PG&E Bankruptcy, 9th Circ. Told

    The Federal Energy Regulatory Commission has told the Ninth Circuit that Pacific Gas & Electric Co. can't argue around the Federal Power Act barring bankruptcy courts from determining FERC's role in any effort by the utility to use restructuring to ditch power purchase agreements.

  • January 21, 2020

    Oneok Overpromised On Gas Pipeline, Texas Builder Says

    A Texas construction company accused a pipeline company affiliated with Oneok Inc. on Monday of misrepresenting the status of an 80-mile natural gas pipeline project and making promises it knew it couldn’t keep during contract discussions.

  • January 21, 2020

    Wilmington Trust Strikes $5M Deal To End ERISA Suit

    Wilmington Trust has agreed to pay $5 million to settle a suit brought by ISCO Industries Inc. workers who accused the trust of mishandling a $98 million stock purchase by ISCO’s employee stock ownership plan.  

  • January 21, 2020

    Migrants Fleeing Enviro Danger Can't Be Deported, UN Says

    A United Nations panel has said that refugees can't be deported to countries where they would face life-threatening dangers from climate change, opening a door for people who can show they are at risk of climate-induced danger to win protection.

  • January 21, 2020

    Calif. Water Utility Sues Feds For $1.3M Water Treatment Cost

    A California water utility said in a lawsuit Tuesday the government should pay for a $1.3 million water treatment system it installed to clean up a well near a former U.S. Air Force base it blames for contaminating the well's water.

  • January 21, 2020

    Wyo., Mont. Urge Justices To Nix Wash. Coal Export Denial

    Wyoming and Montana asked the U.S. Supreme Court to invalidate Washington state's denial of a water quality certificate for a proposed coal export facility, arguing Tuesday that the Evergreen State's action unconstitutionally slammed the door to global markets for coal-producing states.

Expert Analysis

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • Energy Storage As A Transmission Asset In Regional Markets

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    The Federal Energy Regulatory Commission has approved energy storage as a generation asset, but regional markets, including the Midcontinent Independent System Operator and ISO-New England, would benefit from rules for compensating storage as a transmission asset, say Derya Eryilmaz and Caroline Heilbrun of Charles River Associates and Rao Konidena of Rakon Energy.

  • Takeaways From Exxon’s Winning OFAC Penalty Challenge

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    A recent Texas federal court decision overturning a $2 million Office of Foreign Assets Control fine against Exxon provides insight into OFAC's enforcement of complex sanctions and when its practices may not provide proper notice to companies subject to U.S. sanctions, say Aaron Hutman and Zachary Rozen at Pillsbury.

  • Key Trends In Energy Antitrust Enforcement And Litigation

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    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • Climate Law Brings Challenges For NYC Co-Ops And Condos

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    New York City's Climate Mobilization Act leaves several unanswered questions for co-ops and condos, such as what will happen to buildings with rent-regulated units, how buildings will pay for compliance costs, and how building owners will divide CMA responsibilities with tenants, says William McCracken of Ganfer Shore.

  • Ohio Tax Talk: Taking Advantage Of Sustainability Incentives

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    The state of Ohio is using its tax code and other financial incentives to promote sustainable business investment — which should be of interest to businesses facing pressure from regulators, investors and customers to focus on environmental impacts, say attorneys at Frost Brown.

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Liquefied Natural Gas: A Power Solution For Isolated Markets

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    A survey of recent liquefied natural gas power projects demonstrates that they are an excellent solution for reducing the carbon footprint of electricty generation activities in isolated markets, say David Lang and Carli Gish of King & Spalding.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

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    Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.

  • Deciphering Tribunals' Practice In Investor-State Arbitration

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    Our recent study of 114 publicly available decisions on provisional measures in investor-state proceedings reveals key trends in arbitration tribunal jurisprudence, say David Goldberg and Ivan Philippov of White & Case, and professor Yarik Kryvoi of the British Institute of International and Comparative Law.