Energy

  • December 11, 2019

    PG&E Judge Weighs His 'Chutzpah' In $500M Interest Debate

    A California bankruptcy judge told PG&E noteholders and unsecured creditors Wednesday he's "well aware" of the $500 million difference between their proposed interest rates and the interest rate PG&E wants added to any recovery on their claims, but questioned whether he has the "chutzpah" to ignore controlling Ninth Circuit precedent.

  • December 11, 2019

    Bird Groups Sue To Halt Proposed Lake Erie Wind Farm

    A pair of conservation groups sued the federal government on Wednesday, arguing an environmental review of a proposed Lake Erie wind farm wasn't rigorous enough and didn't properly consider the harm the turbines could cause to birds.

  • December 11, 2019

    Elliott-Backed Mining Finance Co. Pulls $243M Canadian IPO

    A Canadian mining finance company backed by private equity firm Elliott Management Corp. withdrew its planned initial public offering on Wednesday, citing "challenging" market conditions.

  • December 11, 2019

    Developers Can't Dodge Claims In $29M Energy Contract Fight

    A pair of developers working on a Louisiana renewable energy project should face a contractor's accusations that they agreed to pay for costs beyond their original $29 million contract and then broke their commitment, a Louisiana magistrate judge has said.

  • December 11, 2019

    Wash. LNG Project Wins Approval Over Enviros' Protests

    Regulators in Washington state have approved a construction permit for Puget Sound Energy's $310 million liquefied natural gas project in Tacoma, but environmental groups continue to voice opposition to the project and have promised to fight it on appeal.

  • December 11, 2019

    EPA Says It Can't Be Sued For Nixing Pebble Mine Restrictions

    The U.S. Environmental Protection Agency on Tuesday asked an Alaska federal judge to dismiss lawsuits filed by Native American and green groups that say the EPA arbitrarily withdrew proposed restrictions on a massive gold and copper mining project.

  • December 11, 2019

    Guaidó Looks To Nix ConocoPhillips' $8.5B Award

    The administration of Venezuelan opposition leader Juan Guaidó has initiated a bid to annul a more than $8.5 billion arbitral award issued to ConocoPhillips this year after the country nationalized three of its oil projects, saying the award is "completely unsustainable."

  • December 11, 2019

    Philly Refinery Ch. 11 Plan Docs OK'd Without Dollar Amounts

    The Chapter 11 plan disclosure statement of refinery operator Philadelphia Energy Solutions received court approval Wednesday in Delaware despite the document's lack of dollar amounts describing potential creditor recoveries.

  • December 11, 2019

    Credit Suisse Vows To Stop Funding New Coal-Fired Plants

    Credit Suisse said Wednesday that it will no longer finance new coal-fired power plants, as the Swiss investment bank joins a growing number of finance companies that are distancing themselves from industries that harm the environment.

  • December 10, 2019

    Och-Ziff Wants Details On Investors' Restitution Claim

    An Och-Ziff Capital Management Group unit told a New York federal court Monday that before making restitution it needs more information about the purported investor victims of its bribery scheme to control an African mine, urging the court to subpoena the investors' expert witness.

  • December 10, 2019

    Exxon Win Casts Doubt On Climate Securities Fraud Suits

    Exxon Mobil Corp.'s resounding victory over New York's allegations that it duped investors about the climate change-related risks to its business shows that government officials and investors will have a tough time using securities laws to pursue climate-related suits against energy companies.

  • December 10, 2019

    Enviros Argue Energy Treaty Hurts EU Climate Efforts

    More than 250 advocacy groups criticized the Energy Charter Treaty in an open letter Monday, arguing that the agreement improperly favors fossil fuel interests and should be radically reformed.

  • December 10, 2019

    Minn. Says Oil Pipeline Poses Scant Risk To Lake Superior

    Minnesota's Commerce Department said Monday that there is little risk of oil reaching Lake Superior in the event of a spill from Enbridge Energy LP’s proposed Line 3 pipeline replacement project, after a state court had ordered Minnesota to take a closer look at that possibility.

  • December 10, 2019

    Emerge Energy Creditors Say Ch. 11 Plan Undervalues Co.

    Emerge Energy Services LP's unsecured creditors told a Delaware bankruptcy court that the fracking sand miner's proposed Chapter 11 plan undervalues the company by $190 million and will leave them with almost no recoveries.

  • December 10, 2019

    Longtime Litigator Joins Chaffe McCall In New Orleans

    Chaffe McCall LLP recently hired a seasoned trial lawyer with 40 years of experience in railroad and transportation law plus a substantial roster of clients — including the founder of the Popeyes chicken chain — in restaurant, consumer products and energy law.

  • December 10, 2019

    Italy Looks To Nix €10.6M Renewable Energy Award Fight

    A Dutch renewable energy investor's lawsuit to enforce a €10.6 million ($11.76 million) arbitral award against Italy following a dispute over revoked economic incentives cannot proceed since there isn't a valid arbitration agreement, the country told a D.C. federal court.

  • December 10, 2019

    Expert Tells Chancery ETE Gained Big On $11B Regency Deal

    An energy industry expert testified in Delaware's Chancery Court on Tuesday that Energy Transfer Equity LP absorbed the lion's share of future benefits from an allegedly unfair $11 billion merger of Regency Energy Partners LP and an ETE affiliate, which left Regency's former public unitholders short.

  • December 10, 2019

    Chemical Co. Scores $550K Bump To Factory Design Verdict

    A Georgia federal judge has increased the damages awarded to a chemical company over an engineering firm's flawed factory designs to $2.76 million, saying he was wrong about the contract-based liability cap he had put in place before their September trial and that the manufacturer was owed another $550,000.

  • December 10, 2019

    Texas Panel Affirms Win For Enbridge In Pipe Maker's Suit

    A Texas appellate court ruled Tuesday that a contractor isn't entitled to damages in a suit claiming Enbridge Energy LP didn't fulfill its promise to provide payment advances because the company had no evidence that Enbridge caused increased overhead.

  • December 10, 2019

    Venezuela Says OFAC License Needed For Share Seizure

    Venezuela told a Delaware federal judge Monday that Canadian miner Crystallex and other companies cannot seize and sell off shares in Citgo’s parent company unless they obtain a specific license from the U.S. Treasury Department’s Office of Foreign Assets Control.

  • December 10, 2019

    9th Circ. Tells Exxon It Must Turn Over Info On Refinery Fire

    The Ninth Circuit on Monday affirmed the authority of the U.S. Chemical Safety and Hazard Investigation Board to subpoena contested records from Exxon Mobil Corp. related to the board's investigation of an explosion and spill at a California oil refinery.

  • December 10, 2019

    Sustainability-Focused PE Shop Nabs $165.5M For 1st Fund

    Spring Lane Capital, a private equity firm that provides capital for sustainability projects, announced Tuesday it has clinched its debut fund after receiving $165.5 million from limited partners.

  • December 10, 2019

    Exxon Defeats NY Fraud Claims In Landmark Climate Trial

    A New York state court judge on Tuesday cleared Exxon Mobil Corp. of accusations it deceived investors about climate change-related risks to its business, ruling that the New York attorney general hadn't provided enough evidence to support its blockbuster claims.

  • December 09, 2019

    SunEdison Directors Dodge Whistleblower Retaliation Claims

    Two former directors of SunEdison Inc. dodged whistleblower retaliation claims on Monday from the ousted head of the now-bankrupt renewable energy giant's two yieldcos, although the yieldcos themselves were not so lucky.

  • December 09, 2019

    High Court Urged To Restore Permit For $7B Gas Pipeline

    A slew of industry groups on Monday asked the U.S. Supreme Court to reverse the Fourth Circuit's invalidation of the U.S. Forest Service's approval of the $7 billion Atlantic Coast gas pipeline, arguing the court exceeded its authority.

Expert Analysis

  • FERC Guidance Aims To Foster Hydropower At Mines, Dams

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    Recent guidance from the Federal Energy Regulatory Commission will streamline development of hydroelectric projects at nonpowered dams and abandoned mines — where new environmental impacts will be minimal and much of the construction and regulatory work is already done, say Daniel Skees and Robert Goldfin of Morgan Lewis.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • US Strengthened And Expanded Economic Sanctions In 2019

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    Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • Product Liability Claims Can Be A Global Threat To Cos.

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    When allegations of product risks related to health, safety or the environment spread from one jurisdiction to countries around the world, they can lead to both policy responses and mass litigation that can jeopardize companies' business models, says Sylvie Gallage-Alwis of Signature Litigation.

  • State Net

    What State Lawmakers Will Be Focused On In 2020

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    A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

  • Justices Weigh Property Rights Against Superfund Plans

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    At U.S. Supreme Court oral arguments in Atlantic Richfield v. Christian, the justices seemed wary of the idea that the federal Superfund law could allow property owners to unilaterally supplement a government-selected cleanup plan, say Joshua Frank and Martha Thomsen of Baker Botts.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • 4 Ways Tribal Nations Can Leverage Opportunity Zones

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    The ecosystem of both capital and support services rapidly developing around opportunity zone investment provides tribal nations with an unparalleled opportunity to attract new investors by recasting and rebranding private economic development opportunities, says Bo Kemp at FaegreBD.

  • Renewable Power Co. Hack Highlights Security Concerns

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    The North American Electric Reliability Corporation's recent report on a first-of-its-kind cyberattack against renewable energy provider sPower calls attention to the need for energy companies to use both technology and human skills to defend against evolving threats, says Jack Pringle of Adams and Reese.

  • Innovative Collaborations Require Antitrust Flexibility

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    Joint initiatives by companies active in the same industry are much needed to tackle major challenges like sustainability and digital transformation, but such partnerships may require special exemptions from international antitrust authorities, says Tilman Kuhn of White & Case.

  • Evolving Deference Principles May Affect Tax Matters

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    Agency deference is sure to be a hot topic for taxpayers and their representatives in 2020, as several important cases addressed the issue this year, and the U.S. Department of the Treasury and the Internal Revenue Service have provided an incredible amount of guidance since 2017’s tax overhaul, say Andrew Roberson and Kevin Spencer at McDermott.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • What NY And Mass. Exxon Climate Suits Mean For Other Cos.

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    New York state's securities fraud case against Exxon Mobil over its public stance on climate change has some weaknesses, but Massachusetts' climate-related suit against the company on consumer protection grounds should lead other companies to consider their exposure to such claims, says Alana Rusin of Goulston & Storrs.

  • Opinion

    Texas Partnership Case Arguments Center On 5-Factor Test

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    At the recent oral arguments for ETP v. Enterprise Products before the Texas Supreme Court, ETP appeared to be on solid footing with the court in light of its reliance on the five-factor test Texas law lays out for establishing a business partnership, says Kent Hance of Hance Scarborough.