Energy

  • September 13, 2019

    Asset Managers, Ex-Official Charged In PDVSA Case

    Two Swiss asset managers and a former Venezuelan minister have been charged in a U.S. case alleging contractors paid bribes for business with state-owned oil company Petroleos de Venezuela SA, according to an indictment made public on Friday.

  • September 13, 2019

    Bankrupt Philadelphia Refinery Gets $50M Insurance Advance

    The bankrupt owner of a Philadelphia-area refinery told the Delaware bankruptcy court Thursday that a group of insurers are set to make a $50 million advance in business interruption insurance funds in its Chapter 11 following a June blaze that forced the plant’s closure.

  • September 13, 2019

    PG&E Pledge Won't End FERC-Bankruptcy Court Tug Of War

    Pacific Gas and Electric Co.'s pledge to honor its power purchase agreements as it moves through Chapter 11 may ease the minds of the utility's contracted electricity suppliers, but it won't douse the simmering legal fight over whether bankruptcy courts or the Federal Energy Regulatory Commission get to determine the fate of such contracts.

  • September 13, 2019

    Traders Ask 2nd Circ. To Revisit Energy Co. Antitrust Suit

    Derivatives traders that accused BP PLC and other energy companies of manipulating overseas oil prices asked the Second Circuit to revisit its decision to throw out their claims, arguing that the court made a factual mistake and that the Commodity Exchange Act allegations were wrongly dismissed.

  • September 13, 2019

    Morgan Lewis Gains McDermott Arbitration Pro In Frankfurt

    Morgan Lewis & Bockius LLP has gained a former McDermott Will & Emery LLP international arbitration partner who has extensive experience handling both investor-state and commercial arbitration proceedings and has served as an arbitrator on various tribunals.

  • September 13, 2019

    FTC Clears $160M Pipeline Deal After Noncompete Nixed

    The Federal Trade Commission has withdrawn its challenge to Nexus Gas Transmission’s plan to pick up an Ohio pipeline for $160 million after the company agreed to drop a noncompete clause from the deal, the agency said Friday.

  • September 13, 2019

    FCC Queries Carriers On Wildfire Response

    Due to several years of destructive wildfires in California that have caused severe damage across the state, the Federal Communications Commission has sent letters to major wireless carriers asking how they will mitigate risks from power shut-offs that are planned to limit the wildfires.

  • September 13, 2019

    DOI Clears Way For Energy Development In Arctic Refuge

    The U.S. Department of the Interior has moved forward on a plan for oil and gas development in Alaska, clearing a hurdle that was condemned by environmentalists and Native groups and praised by oil groups and Republican politicians.

  • September 13, 2019

    PG&E, Insurers Cut $11B Deal Over Calif. Wildfires

    A group of insurance companies with claims against Pacific Gas and Electric for payouts they made to victims of California's 2017 and 2018 wildfires announced Friday that it has agreed to settle with the bankrupt utility for $11 billion.

  • September 13, 2019

    Deals Rumor Mill: Inpex, Avaya, KKR

    Inpex Corp. is looking to expand in Australia, Avaya is discussing a deal to establish a joint venture with RingCentral, and KKR could sell its electric locomotives leasing unit ELL.

  • September 13, 2019

    DC Circ. Says EPA Must Set Cross-State Emission Deadlines

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency should have imposed ozone emission reduction deadlines on states whose pollution makes it harder for states that lie downwind to comply with limits imposed by the Clean Air Act.

  • September 13, 2019

    French Minister Urges Carbon Tax Accord, Voting Changes

    The French finance minister on Friday urged his European counterparts to show citizens that politicians can act on a key issue by making progress on carbon taxation and further stressed the importance of adopting qualified majority voting for tax changes.

  • September 13, 2019

    States Forge Ahead On Renewables, With Or Without The Feds

    Energy officials from California, Massachusetts and New York on Friday said the Trump administration has stifled progress in the renewable energy sector, but touted their own programs as models for other states and cities that want to move in that direction.

  • September 13, 2019

    Weatherford's Revised Ch. 11 Plan To Cut $5.8B In Debt OK'd

    A Texas bankruptcy judge has confirmed oil field services company Weatherford International LLC's revised Chapter 11 plan to slash $5.8 billion of the company's debt.

  • September 12, 2019

    200 Affected In Gold King Spill May Get To Jump Line In MDL

    Individual plaintiffs from New Mexico who have waited years to bring their damages claims against polluters in multidistrict litigation over Colorado's Gold King Mine spill may get their shot at a trial in August 2021, according to a recommendation filed Wednesday.

  • September 12, 2019

    Battle Over $160M Claim Could Stall Elk Petroleum’s Ch. 11

    A battle between creditors posturing for position in Elk Petroleum Inc.’s Chapter 11 continues, as an equityholder committee on Thursday asked a Delaware bankruptcy judge to disallow an estimated $160 million claim by Elk’s largest secured creditor.

  • September 12, 2019

    Energy Finance Atty Joins Ex-Pillsbury Partners At Bracewell

    Bracewell LLP has snagged yet another partner from Pillsbury Winthrop Shaw Pittman LLP with the addition of veteran energy finance attorney Todd W. Eckland to its New York office, the firm announced Thursday.

  • September 12, 2019

    Enviros Say Costs Of Uranium Mine Not Properly Evaluated

    A coalition of environmental groups has told an Arizona federal court that the U.S. Forest Service failed to sufficiently analyze the cost of a uranium mining project it approved near the Grand Canyon, saying certain key expenses were not considered when the agency found the project would be profitable.

  • September 12, 2019

    Gas Industry Drivers Get Partial Cert. In Pa. FLSA Case

    A Pittsburgh federal judge partly granted collective certification to a group of drilling-industry drivers for an Oakdale, Pennsylvania-based logistics company who claimed they were wrongfully classified as contractors and denied overtime, but declined to expand the class nationwide in her ruling Thursday.

  • September 12, 2019

    11th Circ. Says EPA-Alabama Water Partnership Can Stand

    The Eleventh Circuit said Thursday that the U.S. Environmental Protection Agency does not have to withdraw from a partnership with Alabama that allows the state to issue permits under the Clean Water Act even though environmental groups said Alabama’s program has sometimes strayed from federal law.

  • September 12, 2019

    EU's Energy Tax Rules Lagging Climate Goals, Report Says

    The European Union's energy tax framework hasn't kept pace with modern climate initiatives, in part because the rules don't contain an updated carbon element and give considerable flexibility to member states, according to a report released Thursday.

  • September 12, 2019

    Data Prep Software Co. Inks $100M In Google-Backed Funding

    Trifacta said Thursday it scored $100 million from Google, BMW i Ventures and other investors that will aid the San Francisco-based software company's operations in the banking, energy, telecommunications and automotive industries.

  • September 12, 2019

    Alta Mesa Files For Bankruptcy Amid SEC Probe

    Oil and gas company Alta Mesa Resources Inc. has filed for bankruptcy roughly two years after it was created in a $3.8 billion private-equity-backed deal, as shareholders and the U.S. Securities and Exchange Commission continue to investigate its subsequent stock price plunge.

  • September 12, 2019

    House Passes 3 Bills Banning Offshore, Alaska Drilling

    The U.S. House of Representatives voted to ban oil drilling off vast sections of the nation's coasts and in an environmentally sensitive part of Alaska, passing a trio of bills Wednesday and Thursday in a swipe at President Donald Trump's push to expand fossil fuel production.

  • September 12, 2019

    New Mexico City Says Solar Boosters Can't Fight Utility Fees

    A New Mexico city on Wednesday urged a federal judge to dump the bulk of a lawsuit accusing its utility of imposing unlawful and discriminatory monthly fees on rooftop solar owners, saying most of the challengers don't have standing to pursue claims that the utility is violating the Public Utility Regulatory Policies Act.

Expert Analysis

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • Opinion

    Utilities Need Timely Project Review For Reliable Service

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    National Parks Conservation Association v. Semonite, in which a Virginia utility faces possibly having to dismantle a previously approved transmission line due to drawn-out litigation, points to the need for time limits on court review of infrastructure projects, say Alan Seltzer and John Povilaitis of Buchanan Ingersoll.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Congress' Clean Energy Plans Carry Major Market Implications

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    A number of bills recently introduced in Congress seek to expand market penetration of renewable energy resources. This will mean significant changes to regulatory structures and the operation of wholesale electricity markets, and will require forward planning by all industry participants, say George Cannon and Andrew Phillips of Akin Gump.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Electric Sector Cyber Directive Stresses Incident Reporting

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    To prepare for the implementation of the North American Electric Reliability Corporation’s new cybersecurity directive for bulk electric systems, affected organizations should develop detailed incident response plans, and consider drills to test compliance, say attorneys at Blake Cassels.

  • Opinion

    Consumers Deserve Retail Electric Power Competition

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    A recently updated report from the Massachusetts attorney general's office asserts that retail electric competition has led to nothing but losses — but this does not take into account that some consumers are willing to pay a premium for certainty in electric rates, or for a generation mix that includes renewable energy, says John Shope of Foley Hoag.

  • Legal Options For Pipeline Companies Stymied By Tree-Sitters

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    While a Virginia federal judge recently rejected efforts by Mountain Valley Pipeline to join two unnamed tree-sitters as defendants in a Natural Gas Act eminent domain action, the court's opinion points toward other remedies available to pipeline companies facing tree-sitter obstruction, says Arthur Schmalz of Hunton.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Electric Vehicle Rollout Calls For Public-Private Partnerships

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    Florida Gov. Ron DeSantis is to be commended for his recently announced plan to install electric vehicle charging stations along the state's turnpike — but bolder plans are needed to achieve a full transition to EVs, and public-private partnerships will be key to delivering them, says Robert Alfert of Nelson Mullins.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Compliance Monitor May Help With CFIUS Approval

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    The ability of a Chinese company to gain approval from the Committee on Foreign Investment in the U.S. for acquisition of a U.S. tech company may not hinge as much on the extent to which the technology is critical to national security as it will on convincing the government that the technology can be protected, says ​​​​​​​J. Keith Ausbrook at Guidepost Solutions.

  • New Insights On Privilege, Ethics Duties For In-House Attys

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    A New York federal court's recent decision in Fischman v. Mitsubishi Chemical Holdings dispels the notion that in-house legal advisers are prohibited from using information about their employers in pursuing discrimination claims against them, says Jessica Westerman at Katz Marshall.