Railroad giants BNSF Railway Co., Union Pacific Railroad Co., CSX Transportation Inc. and Norfolk Southern Railway Co. were hit with multiple complaints by shippers alleging they engaged in a years-long conspiracy to use fuel surcharges to fix shipping prices and overcharge consumers by millions of dollars, after the shippers were previously denied class certification.
The head of the U.S. Department of Justice Environment and Natural Resources Division, Jeffrey Bossert Clark, told Law360 in an exclusive interview that the Trump administration is improving its record of defending regulatory actions after a shaky start that included losing efforts to delay implementation of chemical safety and methane emissions rules.
King & Spalding LLP has added the former head of Squire Patton Boggs LLP's Asia-Pacific international dispute resolution practice, gaining an attorney with a wealth of experience handling complex arbitration proceedings arising in the energy and construction industries.
Ukraine's state-owned oil and gas company can seek documents from Gazprom's Dallas-based oil and gas reserves auditor as the Ukrainian company pursues litigation in the Netherlands to enforce a $2.56 billion arbitral award against the Russian natural gas giant, a Texas judge ruled on Monday.
Pacific Gas and Electric Co. told a California court Tuesday it is working "aggressively" to limit wildfire risk as the state's high wind season approaches while saying its equipment may have been responsible for nine significant fires so far this year.
The Fourth Circuit on Tuesday revived West Virginia landowners' claims that a Chesapeake Energy Corp. unit they leased drilling rights to breached a settlement agreement, saying a lower court misinterpreted the plain language of the deal in granting Chesapeake's dismissal bid.
General Electric Co. has agreed to pay the U.S. Department of the Treasury $2.7 million to settle claims that the company violated trade restrictions on businesses with ties to the Cuban government, according to an announcement Tuesday.
Weil Gotshal & Manges LLP has added a partner from King & Spalding LLP to its energy-focused private equity practice in Houston, the firm recently announced.
The former senior vice president of an oil company was sentenced on Tuesday to two years in prison by a federal judge in Texas for helping to orchestrate a multimillion-dollar kickback scheme that involved the inflated $63 million purchase of 14 oil rigs.
Environmentalists scored a victory in a protracted legal fight with a coal plant operator when a Missouri federal judge ordered the energy supplier to carry out emission controls long sought by the federal government at two coal-fired plants, warning he'll be watching to make sure the company demonstrates compliance.
A D.C. federal judge on Tuesday confirmed a $21.1 million award issued to U.S.-based Teco Energy Inc. in a dispute with Guatemala, finding that none of the Central American country’s arguments against enforcement held up to scrutiny.
One of the largest Chinese manufacturers of solar panels has sued the federal government in the U.S. Court of International Trade, alleging it used adverse facts incorrectly to calculate countervailing duties on solar cells.
A Brookfield consortium will acquire the outstanding publicly held shares of midstream services provider Teekay Offshore Partners in a roughly $170 million take-private deal steered by Kirkland & Ellis LLP, Potter Anderson & Corroon LLP and Baker Botts LLP, Teekay Offshore said Tuesday.
A Washington, D.C., federal judge has denied the Trump administration's efforts to sink two lawsuits challenging the president's decision to shrink two national monuments, but she left the door open for the government to try again.
A Delaware federal judge found the Telephone Consumer Protection Act carve-out allowing government-backed debt collectors to use robocalls is unconstitutional, echoing several recent appellate decisions that have struck the controversial provision from the law.
The Delaware Chancery Court dismissed a $661 million public unitholder challenge to part of the $1.5 billion price Spectra Energy Partners accepted in a 2015 pipeline sale after a vice chancellor ruled that an allegedly undervalued litigation right included in a subsequent deal was not material.
Roan Resources, led by Vinson & Elkins, detailed plans Tuesday to sell itself to private equity-backed Citizen Energy, advised by Latham & Watkins, for $1 billion including debt, after the oil and natural gas company drew interest from a handful of potential suitors.
President Donald Trump late Monday tapped Federal Energy Regulatory Commission general counsel and former Skadden attorney James Danly to fill a Republican commissioner opening, but the lack of a paired nominee for FERC's pending Democratic vacancy could complicate Danly's U.S. Senate confirmation process.
Duracell is duping people into believing its new “Optimum” AA and AAA batteries are more powerful and longer lasting than all other batteries in the same size categories, Energizer alleged in a lawsuit filed Monday in New York federal court.
Chesapeake Exploration LLC properly calculated and paid oil and gas royalties to landowners, an Ohio federal judge ruled Monday, granting summary judgment in favor of the oil company in a certified class action that's dragged on for nearly four years.
NextEra can't recover $60 million in administrative expenses it claimed it was owed by bankrupt Energy Future Holdings Corp. in connection with a scuttled deal to purchase the energy company’s assets, a Delaware federal judge ruled Monday.
New York environmental regulators said Friday the Federal Energy Regulatory Commission misapplied a D.C. Circuit decision setting limits on states' Clean Water Act permitting authority for energy projects when it ruled the Empire State blew a one-year deadline to act on a $683 million pipeline permit.
Reed Smith LLP has gained a former Linklaters attorney who has more than a decade of experience handling international arbitration proceedings in both Europe and Africa across various industries including construction, energy, defense and mining.
After failing to convince an Oregon federal judge to block a logging and road-building project in the Mount Hood National Forest, environmentalists have asked the Ninth Circuit to reverse the decision allowing the Trump administration to proceed with its plan.
Investors in TerraForm Global Inc. said they've reached an agreement with the renewable energy power plant company to settle securities claims for $48.75 million rather than the $57 million they'd previously agreed to.
If passed by Congress, a new bipartisan bill is expected to slash permitting delays for renewable energy projects across the U.S. The resulting regulatory certainty would be a win both for industry and for the growing group of states that have set ambitious climate change mitigation goals, say Ed Hild and Robert Burns of Buchanan Ingersoll.
At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.
The Federal Energy Regulatory Commission's revised regulations for selling energy services at market-based rates likely will streamline rate applications and related compliance filings, but they could create a significant initial burden for some companies, say Adam Wenner and Cory Lankford of Orrick.
Cases in which plaintiffs have argued for Clean Water Act jurisdiction over discharges that flow through groundwater have been brought in the Fourth, Sixth and Ninth Circuits. An upcoming U.S. Supreme Court ruling on this debate will have important implications for groundwater regulation, say Bradley Ennis and Susan Scaggs of Balch & Bingham.
New York's Climate Leadership and Community Protection Act, recently signed into law by Gov. Andrew Cuomo, is an ambitious statewide climate change agenda that promotes significant investment opportunities for industry. But the bulk of it reads like a series of homework assignments for a group project, say attorneys with Schiff Hardin.
In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.
Recent Federal Energy Regulatory Commission orders remind industry participants that even small renewable energy projects create the potential for regulatory challenges, particularly if required notices and rate schedules are not submitted to FERC on a timely basis, say Seth Lucia and Catherine McCarthy of Bracewell.
Last week, the Ninth Circuit affirmed that the California Public Utilities Commission had not provided proper contracting opportunities to a renewable generation developer under the Public Utility Regulatory Policies Act. The decision is a victory for renewable developers, but highlights the limits of states’ flexibility, says Todd Brecher of Akin Gump.
Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.
Tuesday’s executive order extending economic sanctions against Venezuela by prohibiting transactions with the Venezuelan government will be, in its practical application, very similar to the complete embargoes the U.S. maintains against entire countries such as Cuba, Iran, Syria and North Korea, says Grant Leach and Cortney Morgan of Husch Blackwell.
The U.S. Environmental Protection Agency recently issued a memorandum on its enforcement and compliance work with states. While the memo has been touted as providing a greater role for the states, it could actually result in more active EPA input on state-led enforcement matters, says Bernard Hawkins of Nelson Mullins.
As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of Lawfty and Peter Joy of Washington University Law School.
The retroactive application of a New York tax statute in the matter of Franklin Lewis reinforces the need for parties to a transaction to be especially vigilant when relying on decisions that overturn long-standing Department of Revenue tax policy, say Michael Hilkin and Justin Stone of Eversheds Sutherland.
The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.
Senior secured creditors should heed the lessons offered by the Third Circuit's recent Energy Future Holdings decision — and Momentive before it — and push for an expansive definition of the assets that are subject to subordination when negotiating lien subordination agreements, say Adam Shiff and Shai Schmidt of Kasowitz Benson.