Energy

  • October 18, 2019

    Baltimore Asks High Court To OK State Court Climate Suit

    Baltimore on Friday asked the U.S. Supreme Court to reject BP PLC's, Chevron's and other energy giants' effort to stop the city's lawsuit seeking to hold the companies liable for climate change-related infrastructure damage from proceeding in state court.

  • October 18, 2019

    Landmark Exxon Climate Change Case Heads To Trial

    Exxon Mobil will go to trial in Manhattan on Tuesday to fight claims it deceived investors about climate change risks to its business, the culmination of a multiyear, publicly fought battle between New York state and the oil giant. Here's a cheat sheet on what to expect in one of the most significant corporate fraud trials in recent years.

  • October 18, 2019

    US Trustee Asks Court To Reject Emerge Liability Releases

    The U.S. Trustee's Office has objected to the litigation releases in bankrupt fracking sand miner Emerge Energy Services LP's plan for Chapter 11, saying they release an excessively-broad range of parties without the affirmative consent of creditors.

  • October 18, 2019

    Feds Can't Dodge Tort Claims In Gold King Mine MDL

    A New Mexico federal judge has ruled that the government had jumped the gun in its bid for an early win in multidistrict litigation over the 2015 Gold King Mine spill, saying Utah, New Mexico, the Navajo Nation and others deserve more discovery about the court's jurisdiction over their tort claims.

  • October 18, 2019

    DC Circ. Rejects INEOS Challenge To FERC Pipeline Tariffs

    The D.C. Circuit said Friday INEOS USA LLC doesn’t have standing to challenge tariffs filed for a gas pipeline ownership change that was allegedly done to deny the company’s bid for pipeline access.

  • October 18, 2019

    White House Unfairly Denying Tariff-Exclusion Bids, Rep. Says

    An Indiana Republican suggested Friday the Trump administration is improperly denying importers' requests to be excluded from the national security tariffs on steel and aluminum, hinting that the White House is biased in favor of domestic producers.

  • October 18, 2019

    PG&E Bondholders, Wildfire Victims File Rival Ch. 11 Plan

    Pacific Gas & Electric Co. noteholders and wildfire victims have filed a joint alternative to the California utility’s own Chapter 11 plan that would give the noteholders control of the company and victims an additional $6 billion in potential compensation.

  • October 18, 2019

    4 Firms Steer DTE Midstream's $2.25B Louisiana Pipeline Buy

    Energy company DTE Midstream said Friday it will acquire a natural gas gathering system and related pipeline in Louisiana in a $2.25 billion deal steered by Shearman & Sterling, Dechert, Vinson & Elkins and Kirkland & Ellis.

  • October 18, 2019

    Texas Justices Pass On Energy Co.'s $15M Row With Apache

    The Texas Supreme Court on Friday rejected an oil company's request to review whether a $15 million indemnification dispute between it and Apache Corp. belongs in arbitration.

  • October 17, 2019

    Creditors Slam $11B PG&E Proposal Over Calif. Wildfires

    Creditors blasted Pacific Gas and Electric's proposed settlement of subrogation claims stemming from California's 2017 and 2018 wildfires, saying it locks the bankrupt utility into an $11 billion payment to insurers no matter what direction the case takes in the future.

  • October 17, 2019

    $216M For Hurricane Work Due Despite Indictment, Co. Says

    A Mammoth Energy Services Inc. unit has told a Puerto Rico bankruptcy court that an indictment against its former president and a government inspection report shouldn't delay a $216 million payment for restoring electricity in the territory after Hurricane Maria.

  • October 17, 2019

    Sens. Introduce Legislation To Boost Tribal Energy Access

    Sens. Tina Smith, D-Minn., and Lisa Murkowski, R-Alaska, introduced bipartisan legislation Wednesday aimed at reauthorizing and improving the work of the Department of Energy’s Office of Indian Energy Policy and Programs to ensure it is working effectively for tribal communities.

  • October 17, 2019

    Lloyd's Gas Well Insurance Row Returned To Pa. State Court

    A lawsuit accusing insurers of failing to honor a Lloyd's of London policy on an erupting Ohio gas well must return to Pennsylvania state court, since the defendants hadn't shown that none of more than 1,800 underwriters on the policy were Pennsylvania citizens, a federal judge ruled Thursday.

  • October 17, 2019

    BLM Sage-Grouse Plans, Drilling Approvals Put On Ice

    An Idaho federal judge blocked the Trump administration's proposed changes to federal protections for the greater sage-grouse on Wednesday, putting the brakes on expanded oil and gas drilling and other projects that would impact the bird's habitat in several Western states.

  • October 17, 2019

    EPA Denies NY's Request To Control Ozone From Other States

    The U.S. Environmental Protection Agency said Thursday that New York state has failed to prove that hundreds of air pollution sources in nine upwind states are interfering with its efforts to comply with federal ozone standards.

  • October 17, 2019

    FERC Greenlights Grid Operators' Energy Storage Plans

    The Federal Energy Regulatory Commission on Thursday largely approved plans by a pair of regional grid operators to make a place for energy storage in their wholesale electricity markets, the first move that implements the agency's landmark energy storage rule enacted last year.

  • October 17, 2019

    Consumers Want 1st Circ. Rethink In Nixed $3B Utilities Row

    Consumers asked the First Circuit to reconsider a panel decision affirming that the Federal Energy Regulatory Commission's rate-setting authority preempts their proposed class action claiming Eversource Energy and Avangrid Inc. drove up electricity prices by $3.6 billion, saying the appeals court ignored limits to FERC's authority.

  • October 17, 2019

    $3.3B FirstEnergy Ch. 11 Plan Gets Court Approval

    An Ohio bankruptcy judge has approved FirstEnergy Solutions Corp.'s $3.3 billion Chapter 11 plan after the company agreed to assume union contracts that had held up plan approval in August.

  • October 17, 2019

    Wind Farm Co. Says $2.1M Discovery Sanction Broke Rules

    The Texas Supreme Court should settle a lower court split and undo a $2.1 million sanction against a wind farm company, because state rules don’t allow for awards in excess of attorney fees and discovery expenses when sanctioning discovery abuses, the company told the state’s high court.

  • October 17, 2019

    Energy Co. Drops $22M Claim Over Axed Georgia Oil Contract

    Range Resources Ltd. has dropped arbitration proceedings seeking to recoup the $22 million it claims it lost after the Georgian government illegally ended a production-sharing agreement for an oil and gas block in the country.

  • October 17, 2019

    Deals Rumor Mill: AT&T, Global Infrastructure Partners, Apollo

    AT&T and activist investor Elliott are in discussions to end their dispute, Global Infrastructure Partners is on the brink of breaking its own record for largest infrastructure fund ever raised, and Apollo Global has offered to buy technology distributor Tech Data Corp. for $5 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • October 16, 2019

    Welded Construction's Ch. 11 Pipeline Suit Stays In Delaware

    Bankrupt pipeline builder Welded Construction LP's suit claiming one of its clients owes $71 million in connection with work Welded did in Pennsylvania on a transcontinental pipeline project will remain in Delaware on a trimmed-down basis, a judge ruled Wednesday.

  • October 16, 2019

    Limited Classes Certified In 2015 Exxon Refinery Fire Case

    A California federal judge has granted certification to two limited classes of property owners who say their air quality and groundwater suffered after a 2015 ExxonMobil refinery fire, rejecting arguments from the company that the residents' claims were too disparate to move forward as a class.

  • October 16, 2019

    Energy Trade Groups Look To Enter Keystone XL Pipeline Suit

    A group of five natural gas entities looking to intervene in the dispute over the Keystone XL Pipeline urged a Montana federal court Tuesday to reject challenges to a particular permit for gas pipelines, arguing that if the permits are deemed unlawful it would cause costly delays that would harm utility providers and the public.

  • October 16, 2019

    Crystallex Says 3rd Circ. Shares Seizure Ruling Should Stand

    Crystallex urged the Third Circuit on Tuesday to keep in place a panel ruling that lets the Canadian miner seize shares in Citgo's parent company, saying the panel correctly found that Venezuela and its state-owned oil company are not separate entities.

Expert Analysis

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Midstream Agreements Can Still 'Run With The Land'

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    Colorado's federal bankruptcy court recently held that a gas gathering and processing agreement and a salt water disposal agreement were "covenants running with the land," and were not extinguished through a bankruptcy sale. The ruling is welcome news for upstream and midstream companies in the oil and gas space, say attorneys at Davis Graham.

  • Decarbonization Offers New Shipping Finance Opportunities

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    Adoption of internal carbon pricing and the Poseidon Principles climate framework by leading shipping lenders could be the start of financiers incentivizing shipowners to invest in cleaner technologies, says Niovi Antoniou of Reed Smith.

  • Why Trump's Orders On Agency Guidance Are Significant

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    ​Two recent executive orders ​​on the use of guidance documents by federal agencies​ represent a major change for virtually every executive agency ​and a historic assertion of the president’s authority under Article II to oversee the independent regulatory agencies, says Paul Noe, former counselor to the administrator of the White House Office of Information and Regulatory Affairs.

  • What Unitization Could Mean For Talos' Oil Discovery

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    Giving Pemex, Mexico's national oil company, operational control of Talos Energy's Block 7 oil and gas exploration area in the Gulf of Mexico could be one way to address the legal issues arising when multiple parties have rights to the same reservoir, says Adrian Talamantes of Holland & Knight.

  • Force Majeure: Check Your Governing Law

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    The International Chamber of Commerce's arbitration award in ConocoPhillips v. CVP is instructive on how governing law impacts a force majeure provision, say attorneys with Thompson & Knight.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Pa. Ruling Leaves Room For Oil And Gas Reg Challenges

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    While the Commonwealth Court of Pennsylvania’s decision in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection upheld state agencies’ authority to promulgate oil and gas drilling rules, the decision made clear that the rules themselves are not immune from judicial scrutiny, says Michael Aceto of Goldberg Segalla.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Bulb Efficiency Rollback May Lead To Regulatory Patchwork

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    The U.S. Department of Energy asserts that its recent withdrawal of energy efficiency targets for light bulbs has not triggered a statutory “backstop” efficiency standard, but its actions will likely prompt litigation by consumer and environmental groups, and implementation of stricter standards by some states, say Daniel Eisenberg and Jack Zietman of Beveridge & Diamond.

  • FERC Proposal Would Shake Up Renewable Energy Pricing

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    The Federal Energy Regulatory Commission recently proposed major modifications to its regulations concerning the Public Utility Regulatory Policies Act, which could significantly affect the ability of renewable power facilities to require electric utilities to purchase their output — and the price that utilities will have pay for that output, say attorneys at Reed Smith.

  • Cybersecurity Issues To Consider In Oil And Gas M&A

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    Cybersecurity is a key risk factor in mergers and acquisitions generally, but executives and directors contemplating an acquisition in the oil and gas sector must note the industry's unique cybersecurity challenges in order to properly assess transaction risks and value target companies, say attorneys at Skadden.