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Energy

  • January 18, 2019

    9th Circ. Upholds Calif. Low Carbon Fuel Standard

    A Ninth Circuit panel on Friday rejected a bid by a group of trade and energy organizations to sink California's low carbon fuel standard, saying their claims weren't different enough from those in prior challenges — which also failed — to warrant a different outcome.

  • January 18, 2019

    Consol Says Ex-Prez Can't Show Gender Played Role In Pay

    The changing structure and nature of the coal industry were behind a female Consol Energy Inc. executive’s termination, not her gender or her complaints about being paid less than her male counterparts, the company argued Thursday in an effort to toss her lawsuit from a Pennsylvania federal court.

  • January 18, 2019

    Gibson Dunn Snags Jones Day Energy Transactions Attorney

    Gibson Dunn & Crutcher LLP has added a former Jones Day attorney with experience in renewable, fossil fuel and other energy-related transactions as a partner in the firm's Denver office.

  • January 18, 2019

    Colo. Gov. Orders Move To Electric Vehicles Statewide

    Colorado Gov. Jared Polis signed an executive order Thursday that outlines the steps the state must take to achieve 100 percent renewable electricity by 2040, a plan that would direct some of the $70 million settlement from Volkswagen's federal emissions case toward the promotion of electric vehicles.

  • January 18, 2019

    PG&E Equipment Caused Calif. Wildfires, Judge Finds

    A California federal judge has tentatively found that Pacific Gas & Electric Co.'s equipment's vulnerability to falling tree limbs has been "the single most recurring cause" of the 2017 and 2018 California wildfires to which the company has been linked.

  • January 17, 2019

    Contractor Seeks $10M After Pa. Pipeline Project Goes Awry

    A Houston-based Williams Partners LP pipeline unit delayed the reconstruction of a Pennsylvania natural gas facility that exploded two years ago, then improperly fired the company hired to do the job, the contractor claimed in a federal lawsuit seeking more than $10 million.

  • January 17, 2019

    Pa. PUC Won't Revive Bid To Shut Down Sunoco Gas Pipelines

    The Pennsylvania Public Utility Commission on Thursday agreed that a group of Philadelphia-area residents had failed to show that safety concerns warranted an emergency shutdown of Sunoco LP's controversial Mariner East natural gas pipelines.

  • January 17, 2019

    Industry, Utah Urge DC Circ. To Uphold EPA Permit Order

    PacifiCorp, Utah and an industry group on Wednesday told the D.C. Circuit that environmentalists can't sustain claims that a U.S. Environmental Protection Agency order instituted a nationally applicable change to the way certain Clean Air Act permits are issued without proper public notice and comment.

  • January 17, 2019

    Wilson Elser Picks Up Maritime Attys From Fowler Rodriguez

    A team of maritime law-focused attorneys from recently shuttered Fowler Rodriguez has joined Wilson Elser Moskowitz Edelman & Dicker LLP in Louisiana and Alabama, adding international and domestic expertise in marine casualty, environmental and energy law, as well as in regulatory and commercial litigation, the firm said.

  • January 17, 2019

    House Dem Floats Bill To Undo Land Swap For Mining Project

    The chairman of the House Natural Resources Committee reintroduced legislation Thursday that would undo a land swap authorized by Congress, which gave a mining company owned by Rio Tinto PLC and BHP Billiton access to Arizona land sacred to Native Americans for the construction of a copper mine.

  • January 17, 2019

    Appeal In $80M Brazil Oil Co. Suit Was Premature: 11th Circ.

    The Eleventh Circuit on Wednesday agreed to send an $80 million fraud and racketeering case against Banco Itaú International and EFG Capital International Corp. back to Florida federal court, finding the appeal in an oil investments dispute had been filed too soon.

  • January 17, 2019

    Investor Says Info On InfraREIT-Oncor Merger Is Misleading

    A shareholder in real estate trust InfraREIT filed a proposed class action in Texas federal court Thursday challenging the financial basis for a recommended $1.3 billion acquisition of the company by Oncor Electric Delivery Co. LLC, saying he and fellow investors are being misled.

  • January 17, 2019

    FERC Opens Pipeline Rate Probes Amid Tax Changes

    The Federal Energy Regulatory Commission on Wednesday launched rate investigations into three natural gas pipeline and storage companies amid concerns they're now overrecovering their costs of service from customers thanks to federal tax cuts and FERC's removal of a tax perk for pipeline master limited partnerships.

  • January 17, 2019

    7th Circ. Won't Touch Illinois Acid Waste Dispute

    The Seventh Circuit on Wednesday said it doesn’t have jurisdiction to decide which Illinois agency can enforce environmental regulations against two Colorado energy companies that want to inject acid waste into underground wells in Illinois after the companies already lost their case in state court.

  • January 17, 2019

    Del. Justices Overturn Chancery-Ordered Oxbow Carbon Sale

    Delaware’s Supreme Court on Thursday vacated a Chancery Court order for a potential multibillion-dollar sale of William I. Koch’s Oxbow Carbon LLC, rejecting the lower court's finding that the forced sale was a justifiable fix for a gap in contract provisions for investors seeking to cash out.

  • January 16, 2019

    Westmoreland Says It Will Seek To End Union Contract

    Saying it was unable to get the benefits concessions it needs under its postpetition financing arrangement, Westmoreland Coal told a Texas bankruptcy judge Wednesday it plans to ask permission to reject its contracts with the United Mine Workers of America.

  • January 16, 2019

    Republic Metals Lenders Fight Ch. 11 Examiner Appointment

    The senior lenders for Republic Metals Refining Corp. on Wednesday told a New York bankruptcy judge that a U.S. Trustee request for an independent examiner to check on the ownership of the company’s inventory would be a waste of time and money.

  • January 16, 2019

    Enviros Lose Fight Over BLM's Nevada Oil & Gas Lease Sale

    A Nevada federal judge rejected claims brought by the Center for Biological Diversity and Sierra Club that the U.S. Bureau of Land Management did not conduct a thorough environmental review before offering oil and gas leases on nearly 200,000 acres of land.

  • January 16, 2019

    Vistra Coal Plant Can't Dodge Enviros' Emissions Claims

    An Illinois federal judge told a Vistra Energy Corp.-owned coal-fired power plant it should avoid “arguing around the edges” of his earlier finding that its emissions violated the Clean Air Act, but declined to immediately rule in favor of environmental groups looking to hold it accountable for recent violations.

  • January 16, 2019

    PG&E's Ch. 11 Is Climate Change Wake-Up Call For Utilities

    Pacific Gas & Electric Co.'s plan to seek bankruptcy protection to address crippling liabilities for California wildfires should ring alarm bells for utilities, regulators and lawmakers in other states and force them to examine whether the current utility business model can accommodate climate change-related risks to energy infrastructure, policy experts say.

Expert Analysis

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Constitutional Challenges To Pipeline Takings Face Obstacles

    Clay Massey

    In a petition to the U.S. Supreme Court, the plaintiffs in Berkley v. Mountain Valley Pipeline claim the Natural Gas Act does not preclude district court review of constitutional objections to the law. However, their arguments are at odds with Supreme Court precedent, says Clay Massey of Alston & Bird LLP.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • Discovery Confidentiality At Risk After Columbia Pipeline

    Arthur Bookout

    The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • In Pennsylvania, Drone Misuse Will Soon Be A Crime

    John Rafferty

    This Saturday, Pennsylvania will enact one of the most comprehensive collections of criminal penalties for drone infractions in the country. Businesses manufacturing, distributing or using drones in the state face new legal jeopardy, says John Rafferty of Gawthrop Greenwood PC.

  • How Coast Guard Reauthorization Affects Maritime Sector

    Darrell Conner

    The Frank LoBiondo Coast Guard Authorization Act of 2018, signed into law last month, modifies regulation of commercial vessel discharges, reauthorizes multiple maritime agencies, and makes important changes to safety and antitrust regulations, say attorneys and government affairs advisers with K&L Gates LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Opinion

    Only Congress Can Fix The Waters Of The US Whirlpool

    Jeff Porter

    If anything is clear amid the ongoing chaos of competing Clean Water Act judicial decisions and agency actions, it's that Congress should have acted long ago, says Jeff Porter of Mintz Levin Cohn Ferris Glovsky and Popeo PC.