Energy

  • October 01, 2019

    BNSF, CSX, Others Hit With Flurry Of Price-Fixing Suits

    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.

  • October 01, 2019

    5 Questions For The DOJ's Jeffrey Bossert Clark

    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.

  • October 01, 2019

    King & Spalding Gains Ex-Squire Patton Asia Disputes Head

    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.

  • October 01, 2019

    Ukraine Oil Co. Can Seek Info In $2.56B Gazprom Award Fight

    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.

  • October 01, 2019

    PG&E Says It Has Enacted Enhanced Wildfire Protection

    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.

  • October 01, 2019

    Chesapeake Must Face W.Va. Gas Lease Suit, 4th Circ. Says

    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.

  • October 01, 2019

    GE Strikes $2.7M Settlement Over Payments From Cuban Co.

    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.

  • October 01, 2019

    Weil Nabs Energy, Private Equity Pro From King & Spalding

    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.

  • October 01, 2019

    $4M Kickback Scheme Lands Ex-Texas Oil Exec In Prison

    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.

  • October 01, 2019

    Show Me Emission Controls At Missouri Plants, Judge Says

    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.

  • October 01, 2019

    Teco Energy Secures $21M Award Against Guatemala

    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.

  • October 01, 2019

    Chinese Solar Exporter Sues Over Commerce's Duty Rates

    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.

  • October 01, 2019

    3 Firms Steer Brookfield's $170M Energy Co. Take-Private

    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.

  • October 01, 2019

    Challenges To Trump's Monument Cuts Proceed — For Now

    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.

  • October 01, 2019

    Del. Judge Latest To Ax Gov't Robocall Exemption From TCPA

    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.

  • October 01, 2019

    Chancery Nixes Spectra Investor Bid To Salvage $661M Suit

    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.

  • October 01, 2019

    V&E, Latham Lead $1B Take-Private Deal For Energy Co. Roan

    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.

  • October 01, 2019

    Trump Taps FERC General Counsel To Fill Commission Seat

    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.

  • September 30, 2019

    Duracell's Battery Claims Mislead Consumers, Energizer Says

    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.

  • September 30, 2019

    Chesapeake Beats Landowners' Oil Lease Class Action

    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.

  • September 30, 2019

    NextEra Loses Bid To Recover $60M In Fees From EFH Ch. 11

    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.

  • September 30, 2019

    NY Says FERC Wrongly Nixed Pipeline Permit Denial

    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.

  • September 30, 2019

    Reed Smith Nabs Ex-Linklaters Arbitration Pro In Paris

    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.

  • September 30, 2019

    9th Circ. Asked To Halt Logging In Mt. Hood National Forest

    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.

  • September 30, 2019

    TerraForm, Investors Agree To Reduce Settlement To $49M

    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.

Expert Analysis

  • How New Bill Boosts Renewable Projects On Federal Lands

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    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.

  • Perspectives

    What You Should Know About Courtroom Closures

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    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.

  • FERC Rate Reforms Mean More Data Collection For Cos.

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    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.

  • The Groundwater Circuit Split High Court Will Untangle

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    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.

  • NY’s Landmark Climate Bill: Big Opportunities But Few Details

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    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.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    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.

  • Renewable Projects Must Keep Up With FERC Filings

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    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.

  • Why 9th Circ. Affirmed Renewable Developers’ PURPA Rights

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    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.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    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.

  • How New Executive Order Strengthens Venezuela Sanctions

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    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.

  • EPA-State Partnership Memo Signals Focused Enforcement

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    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.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    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.

  • Retroactive NY Tax Ruling Urges Transactional Caution

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    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.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    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.

  • 3rd Circ. Continues Momentive Trend For Secured Creditors

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    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.

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