• September 22, 2017

    Judge OKs $151M Elk River Spill Class Settlement

    A West Virginia federal judge granted preliminary approval Thursday to a class settlement worth up to $151 million with American Water Works Co. and Eastman Chemical Co. to end claims from a 2014 coal-processing spill in the Elk River.

  • September 22, 2017

    Jury Awards Matrix $100M In Eagle Ford Accounting Row

    Matrix Petroleum LLC was awarded nearly $100 million after a rural south Texas jury found on Tuesday that Talisman Energy USA Inc., now known as Repsol Oil & Gas USA LLC, had committed fraud in its accounting practices related to Eagle Ford Shale wells and breached a joint operating agreement.

  • September 22, 2017

    Ill. Gas Stations, Owners Pay $4.5M In Sales Tax Fraud Case

    The Illinois Attorney General’s Office reached a $4.5 million settlement Thursday to resolve a state False Claims Act lawsuit against 13 Chicago-area gas stations and two gas station owners for sales tax fraud.

  • September 22, 2017

    SunEdison Slams 'Disgruntled' Investors' Appeal Over Ch. 11

    Aiming to shoot down an appeal stemming from its now-confirmed Chapter 11 bankruptcy plan, renewable energy giant SunEdison Inc. told a New York federal court this week that investors accusing the company of using an exit financing agreement to buy creditor support are improperly seeking to advance a “self-interested agenda.”

  • September 22, 2017

    ITC Says Imports Hurt Solar-Makers; Trump Will Pick Remedy

    The International Trade Commission unanimously agreed with solar equipment manufacturers Suniva and SolarWorld on Friday that imports of foreign solar energy components had injured the U.S. industry, a finding that will allow President Donald Trump to decide whether to implement the first industrywide Global Safeguard tariff in 15 years.

  • September 22, 2017

    Honeywell, NRDC Urge DC Circ. To Revisit HFC Decision

    Honeywell International Inc., Chemours Co. FC LLC and the Natural Resources Defense Council on Friday urged the D.C. Circuit to reconsider an August decision to undo a U.S. Environmental Protection Agency rule to prohibit manufacturers from using hydrofluorocarbons, saying the decision guts a crucial tool for dealing with climate change.

  • September 22, 2017

    Enviros Sue To Stop Montana Gold Mine Near Yellowstone

    Environmental groups filed suit in Montana state court on Friday attempting to halt the first phase of a mining project being developed by Lucky Minerals LLC that involves exploratory drilling on private property 30 miles north of Yellowstone National Park, arguing that the state didn’t conduct a proper environmental assessment.

  • September 22, 2017

    Ontario To Join California And Quebec's Carbon Market

    Ontario has entered an agreement to join California and Quebec in their cap-and-trade market run by nonprofit Western Climate Initiative Inc., with the goal of reducing greenhouse gas emissions, the Ontario government announced Friday.

  • September 22, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Deutsche Bank sue a British law firm, a new insolvency filing by a Lehman creditor against the defunct bank's trustees and a dispute between an insurance-backed guarantee underwriter and a Lloyd's broker. Here, Law360 looks at those and other new claims in the U.K.

  • September 22, 2017

    West Bengal Gov't Can't Set Aside Award To Mauritius Co.

    The Calcutta High Court has declined to set aside a 2016 arbitration award to a Mauritius petrochemical company following a dispute with the West Bengal government over a share transfer agreement, saying it lacks jurisdiction because the award was issued by a Paris-seated tribunal.

  • September 22, 2017

    Shareholder Drops Renewable Energy Co. Stock Slip Suit

    The lead shareholder in a proposed stock drop class action against the renewable energy company Amyris Inc. voluntarily dropped the claims in California federal court Thursday ahead of Friday’s due date for submitting an amended complaint.

  • September 22, 2017

    3rd Circ. Declines To Rehear Pa. Radiation Suits

    The Third Circuit on Thursday said it would not hold a rehearing following its decision last month barring a group of Pennsylvania residents from moving forward with claims that they developed cancer after being exposed to emissions from a former Babcock & Wilcox Co. and Atlantic Richfield Co. nuclear facility.

  • September 22, 2017

    ICSID Orders Pakistan To Pay Turkish Energy Co. $800M

    The International Centre for Settlement of Investment Disputes has ordered Pakistan to pay Turkish energy firm Karkey Karadeniz Elektrik Uretim AS more than $800 million for seizing a floating oil-burning power station in 2013, after finding that the expropriation violated an international investment treaty, the company said Thursday.

  • September 22, 2017

    DC Circ. Sees ‘No Logic’ In FERC Connection Cost Rules

    Members of a D.C. Circuit panel criticized a Federal Energy Regulatory Commission decision Friday, with one judge saying there was “no logic” in one of the reasons behind the ruling that would prevent a transmission company from earning a return for operating an upgraded system.

  • September 22, 2017

    Ghana Can't Escape $13.4M Award, British Energy Co. Says

    A British energy firm and its Ghanaian subsidiary on Thursday urged a D.C. federal judge to prevent Ghana from escaping a $13.35 million arbitral award issued against it under the Foreign Sovereign Immunities Act, arguing that the country’s objection to a routine procedure is a blatant delay tactic.

  • September 22, 2017

    Texas Justices To Hear Anadarko Drilling Lease Fight

    The Texas Supreme Court on Friday granted a request from TRO-X LP to review a case stemming from an oil and gas lease dispute with Anadarko Petroleum Corporation, more than a year after a lower appellate court reversed a trial court win in TRO-X's favor that gave TRO-X a working interest in five leases.

  • September 22, 2017

    Phillips 66 Sells Energy Assets To MLP In $2.4B Deal

    Houston-based energy company Phillips 66 will sell its interest in a trio of assets, including joint ventures that make up the Bakken Pipeline project, to its master limited partnership in a deal valued at $2.4 billion, the MLP announced on Friday.

  • September 22, 2017

    Enviros Oppose EPA Bid To Delay Coal Ash Rule Litigation

    Environmental groups on Thursday asked the D.C. Circuit to deny the U.S. Environmental Protection Agency's bid to delay challenges to an Obama administration rule that governs the handling of coal ash, saying the court should hold oral argument next month.

  • September 22, 2017

    Supreme Court Petitions Energy Lawyers Should Watch

    While the U.S. Supreme Court’s docket for its upcoming term isn't brimming with energy cases, the justices are poised to decide whether several suits, including ones over the U.S. Environmental Protection Agency's air enforcement authority and a municipal utility's ability to dodge an antitrust suit, are worthy of high court review. Here are several petitions energy attorneys will be keeping an eye on when the new term gets underway next month.

  • September 21, 2017

    USDA's 'Roadless Rule' Passes Muster, Court Finds

    A D.C. federal judge on Wednesday rejected Alaska’s long-running challenge to a rule put in place by former President Bill Clinton’s administration limiting the number of roads built in national forests, finding that the U.S. Department of Agriculture hadn’t overstepped its authority in creating the limitation.

Expert Analysis

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • GAO Report May Impact PHMSA Pipeline Safety Inspections

    Laura LaValle

    The U.S. Pipeline and Hazardous Materials Safety Administration uses its Risk Ranking Index Model to determine the frequency with which pipelines must be inspected. But a new report by the U.S. Government Accountability Office, questioning the assumptions behind the model, seems likely to lead to changes in pipeline inspection procedures, say Laura LaValle and Hana Vizcarra of Beveridge & Diamond PC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Mass. Clean Energy Standard Reshapes Energy Landscape

    Eric Runge

    With the regulations it issued last month, Massachusetts maintains its leadership position among states seeking to achieve ambitious clean and renewable energy goals. The Clean Energy Standard will create major new investment opportunities and impact the wholesale power markets in significant ways, says Eric Runge of Day Pitney LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • An IRS Lifeline To Public Utilities On Normalization

    Jeffrey Davis

    Last week, the Internal Revenue Service provided a safe harbor for public utilities that inadvertently break the so-called normalization rules, which are used to reconcile tax treatment of investment tax credits, or accelerated depreciation of assets, with their regulatory treatment. This is undoubtedly good news for public utilities, say attorneys with Mayer Brown LLP.