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Energy

  • June 22, 2018

    BREAKING: High Court Says Patent Owners Can Recover Foreign Damages

    The U.S. Supreme Court ruled Friday that a Schlumberger Ltd. unit can recover profits it lost outside the U.S. due to a rival’s infringement of its oil exploration patents, saying the Federal Circuit was wrong to hold that such damages cannot be awarded based on overseas conduct.

  • June 21, 2018

    4th Circ. Stays Corps' $3.5B Gas Pipeline Permit

    The Fourth Circuit on Thursday stayed a U.S. Army Corps of Engineers permit for the $3.5 billion Mountain Valley gas pipeline pending a petition for review following environmentalists’ argument that the developers have admitted they cannot satisfy the permit's conditions,

  • June 21, 2018

    'Buffalo Billion' Jury Told $500M Solar Plant Bid Was Fixed

    A once-powerful lobbyist back-channeled with former State University of New York President Alain Kaloyeros in 2013 to tailor a rigged proposal that let construction firm LPCiminelli win a $500 million Buffalo solar factory job, a cooperating witness told federal jurors hearing fraud charges against Kaloyeros and three other men Thursday.

  • June 21, 2018

    DOE Revamp, Grid Privatization Eyed In Trump Reorg Plan

    The federal government overhaul plan floated by the Trump administration Thursday proposes putting all of the U.S. Department of Energy's research and development programs under one roof and takes another swing at selling off federally owned transmission assets, a move that is likely dead on arrival in Congress.

  • June 21, 2018

    Tribe Hits Feds With Suit Over Drilling Permit Decision

    The Mandan, Hidatsa and Arikara Nation has hit the U.S. Department of the Interior with a lawsuit challenging a decision from the agency's Office of Hearing and Appeals that the tribe said approved bids to drill near a lake within the boundaries of the nation's Fort Berthold Indian Reservation.

  • June 21, 2018

    Real Estate Rumors: Florida Power, EQ Office, Scott McNealy

    Florida Power has reportedly dropped $10 million on 400 acres of land in the state, Blackstone subsidiary EQ Office is reportedly looking to get $300 million for a New York office tower, and former Sun Microsystems CEO Scott McNealy is reportedly seeking $96.8 million for his Palo Alto, California, mansion.

  • June 21, 2018

    Breitling 'Frack Master' Arrested On $62M Fraud Charges

    The self-proclaimed “Frack Master,” who is the CEO of Breitling Energy Corp., has been arrested on charges he defrauded investors out of $62 million to fund a lavish lifestyle filled with luxury vehicles, private jets and expensive jewelry, according to a statement Thursday from U.S. Attorney Erin Nealy Cox.

  • June 21, 2018

    EPA Says No Need For CWA Hazardous Spill Regulations

    The U.S. Environmental Protection Agency said Thursday that it does not intend to propose Clean Water Act regulations meant to prevent spills of hazardous substances because doing so is unnecessary and would duplicate already existing requirements, drawing fire from environmental groups.

  • June 21, 2018

    Feds Sued For Reinstating Expired Mining Leases In Minn.

    The U.S. Department of the Interior and its Bureau of Land Management were hit with a lawsuit on Thursday challenging the reinstatement of two expired mining leases in the Superior National Forest near a popular Minnesota wilderness area.

  • June 21, 2018

    Groups Urge Judge Not To Toss EPA Adviser Policy Challenge

    A coalition of scientific advocacy groups on Wednesday urged a D.C. federal judge not to toss their lawsuit challenging the U.S. Environmental Protection Agency’s policy barring members of its scientific advisory committees from receiving EPA grants while serving in the role.

  • June 21, 2018

    Energy Cases To Watch In 2nd Half Of 2018

    Climate change hogs the spotlight in some of the most closely watched court cases involving the energy sector, from bids to hold fossil fuel companies liable for climate-related damages to an increasingly tense showdown between the Trump administration and California over the future of regulating greenhouse gas emissions from vehicles. Here are several cases energy attorneys will be watching in the second half of 2018.

  • June 21, 2018

    Pakistan Must Pay $846M Award, Turkish Energy Co. Says

    A Turkish energy company asked a D.C. federal judge to confirm a nearly $846 million arbitration award issued after Pakistan detained several of the firm’s vessels, among other alleged misdeeds, saying the country must pay up now that an order staying enforcement of the award is over.

  • June 21, 2018

    EU Probes Qatar Petroleum's Natural Gas Import Restrictions

    The European Union's competition watchdog said Thursday it has opened an investigation into Qatar Petroleum and supply agreements it has with EU companies to import liquefied natural gas, agreements that may improperly limit how the gas can be sold within the European Economic Area.  

  • June 21, 2018

    FERC Says 4th Circ. $3.5B Pipeline Fight In Wrong Venue

    The Federal Energy Regulatory Commission asked the Fourth Circuit to throw out a challenge to its decision to allow construction on the $3.5 billion Mountain Valley Pipeline, saying now that authorization for the pipeline is finalized, all appeals belong before the D.C. Circuit.

  • June 21, 2018

    Andeavor Investors Sue Over Disclosures In Marathon Deal

    A group of Andeavor shareholders has filed a lawsuit in Texas federal court to stop the planned $23.3 billion purchase of the company by Marathon Petroleum Corp., arguing filings with the U.S. Securities and Exchange Commission are incomplete and misleading, meaning shareholders can't make an informed vote on the deal.

  • June 20, 2018

    EPA Need Not Step In On W.Va. Pollution Limits: 4th Circ.

    In a loss for environmental groups, the Fourth Circuit held Wednesday that the U.S. Environmental Protection Agency does not yet need to get involved in West Virginia’s obligation to set certain pollution limits for hundreds of bodies of water in the state.

  • June 20, 2018

    The Biggest Energy Rulings Of 2018: Midyear Report

    The first half of 2018 saw courts take a broad view of energy companies' potential liability, whether the matter hinged on climate change, groundwater pollution or even a business partner's bankruptcy. Here are five court decisions that raised energy attorneys' eyebrows.

  • June 20, 2018

    High Court Could Give SEC Tougher Road In Fraud Actions

    By agreeing to hear an appeal of an investment banker found liable for fraud for copying and pasting his boss's fraudulent emails into a message to clients, the U.S. Supreme Court is expected to clarify the important distinction between primary and secondary liability in securities fraud cases, legal experts say.

  • June 20, 2018

    Gazprom's English Assets Frozen As $2.6B Award Row Rages

    An English court has frozen assets belonging to Russia's Gazprom as Ukraine's national oil and gas company looks to enforce a $2.6 billion arbitral award against the natural gas giant, a move that comes less than a week after a Swedish court suspended the Ukrainian company's enforcement efforts, according to a Tuesday statement.

  • June 20, 2018

    Atty Picked For EPA Office Will Recuse From Dow Cleanups

    The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.

Expert Analysis

  • Mid-2018 Sanctions Review: A Turbulent Year So Far

    Ama Adams

    No superlative could aptly describe the magnitude of U.S. sanctions developments through the first six months of 2018. The pace of change has been so intense and complex that, understandably, even the most sophisticated international companies and investors have been challenged to respond to policy and regulatory developments, say attorneys with Ropes & Gray LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • A Practical Method For Utility Property Interest Allocation

    Bradley Seltzer.jpg

    Certain utility companies are exempt from the 30 percent limitation on the deductibility of interest expenses under Internal Revenue Code Section 163(j), but the IRS has yet to define how companies involved in both exempt and nonexempt activities should allocate interest expenses on their tax returns. We suggest a practical approach consistent with congressional intent, say attorneys at Eversheds Sutherland LLP.

  • Growing Opportunities In NY’s Energy Storage Industry

    Danielle Mettler-LaFeir

    To meet the ambitious energy and environmental goals of New York’s Reforming the Energy Vision program, the state is putting in place policies to increase the use of energy storage — sending out a strong signal to the growing energy storage industry to invest in New York, says Danielle Mettler-LaFeir of Barclay Damon LLP.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • New Licenses Ease Ukraine, Russia Business Wind-Downs

    Seetha Ramachandran

    The U.S. Department of Treasury Office of Foreign Assets Control continues its effort to allow U.S. persons to wind down operations or existing contracts that would otherwise violate Ukraine- and Russia-related sanctions. Even though OFAC has issued general licenses for this purpose, U.S. persons may need to obtain specific licenses to fully divest their interests, say attorneys with Schulte Roth & Zabel LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their weeklong July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security, and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • 5 Takeaways From Tax Court's Solar Project Ruling

    David Burton

    In the matter of Golan v. Commissioner of Internal Revenue, the U.S. Tax Court sustained the taxpayer's energy credit and bonus depreciation deductions. In this unusual case where the IRS had the burden of proof, attorneys from Mayer Brown LLP discuss five interesting takeaways.