The Federal Energy Regulatory Commission on Thursday unveiled changes to its policy establishing licensing terms for hydroelectricity projects, the centerpiece being a 40-year default license for nonfederal projects after federal and state environmental regulators balked at a proposed 50-year default license.
Parker Hannifin Corp. and Clarcor Inc. on Wednesday accused the federal government of dragging its feet to challenge their $4.3 billion tie-up, urging a Delaware federal court to block enforcers’ bid to partially unwind the now-completed transaction.
A recent U.S. Department of Transportation analysis and lingering uncertainty over key agency appointments have cast doubt on whether a pair of Obama-era freight rail proposals will survive the Trump administration’s deregulatory push. Here, Law360 examines where things stand on a mandate for new braking technology and a proposal to encourage competition on shipping routes.
Eight former commissioners of the Federal Energy Regulatory Commission, including five ex-chairs, on Thursday panned Secretary of Energy Rick Perry's proposal to pay coal and nuclear plants for providing base load power and grid reliability services, saying it would reverse the development of wholesale electricity markets and soak consumers.
A California magistrate judge on Wednesday denied investors’ request for more than 20 million pages of documents in multidistrict litigation over Volkswagen AG’s diesel emissions scandal, saying the investors haven’t proven all the documents are relevant to their claims.
The city of Boston does not have to be among the parties challenging the Federal Energy Regulatory Commission’s approval of a $971 million natural gas pipeline, as the mayor effectively “is the city for all purposes,” counsel for the mayor and other Boston politicians told a D.C. Circuit panel Thursday.
Environmentalists have urged the California Energy Commission to reject NRG Energy Inc.'s bid to suspend review of a proposed gas-fired power plant, claiming the company is trying to stall after two of the agency's commissioners indicated earlier this month that they would vote against the project.
The Pennsylvania House Finance Committee on Wednesday cleared a bill that imposes an incremental severance tax on natural gas production in a bipartisan, 16-9 vote.
In a closing argument that lasted 5 1/2 hours, counsel for former former HSBC foreign currency exchange executive Mark Johnson told a Brooklyn federal jury Wednesday that Johnson, despite defrauding Cairn Energy through a $3.5 billion forex deal, is a good man, an innocent man incapable of committing fraud and, for good measure, there was no fraud.
A New York federal judge on Tuesday shot down Ecuadorean engineering and construction firm SantosCMI SA's bid to halt a Hyundai unit from proceeding with an $18.6 million arbitration stemming from a power plant construction project gone awry.
Arch Coal Inc. has told the D.C. Circuit that the U.S. Department of Labor’s bulletin that advised on who should be liable for certain coal miner black lung claims can be reviewed by the federal courts and not the agency itself, saying that a lower court had gotten the matter backwards.
An en banc panel of the Pennsylvania Commonwealth Court on Wednesday expressed skepticism at Sunoco Pipeline LP’s arguments that two municipalities were preempted from imposing any restrictions on the path of natural gas pipelines, in the latest battle over the company’s controversial Mariner East 2 pipeline.
An ex-Chevron Phillips Chemical Co. employee pled guilty Tuesday in Texas federal court to one count of wire fraud in connection with a scheme in which she used company credit cards to cheat the company out of $1.8 million.
Bayer CropScience Inc., Occidental Chemical Corp. and Union Carbide Corp. put residents near Niagara Falls in danger by negligently leaving behind radioactive waste from their operations, local businesses and residents have alleged in New York federal court.
Local, state and federal authorities Tuesday asked the Delaware bankruptcy court to deny Venoco LLC permission to abandon two California oil pipelines and more than a dozen offshore and onshore drilling operations, saying the company has not taken the steps to safely shut them down.
Connecticut Democratic Sen. Richard Blumenthal sent a letter to the head of the Federal Energy Regulatory Commission on Tuesday asking it to investigate allegations that utilities Eversource Energy and Avangrid manipulated electricity prices in the region, costing New England consumers $3.6 billion in higher energy bills.
The Fourth Circuit on Tuesday ended a suit by environmentalists challenging West Virginia’s issuance of a water quality permit for the $3.5 billion Mountain Valley Pipeline, granting the state’s request to vacate the original permit so it can re-evaluate the permit application.
Algonquin Gas Transmission LLC told the D.C. Circuit on Tuesday that a group of Massachusetts politicians, environmental groups and individuals didn’t have standing to bring a legal challenge against the Federal Energy Regulatory Commission’s approval of a $971 million pipeline that runs through New York and New England.
U.S. Sens. Bill Cassidy, R-La., and Marco Rubio, R-Fla., on Wednesday introduced legislation that would automatically approve small-scale exports of liquefied natural gas to nations that don’t have free-trade agreements with the U.S., codifying a recent U.S. Department of Energy proposal.
A U.K.-based oil exploration company initiated arbitration proceedings with the International Centre for Settlement of Investment Disputes against Gambia on Wednesday over the government's decision to revoke its right to explore two offshore areas believed to contain billions of barrels of oil.
Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.
News media reports about the U.S. Environmental Protection Agency's move to repeal the Obama-era Clean Power Plan have focused on President Donald Trump’s attacks on his predecessor's environmental legacy. However, repeal proponents can make a strong argument that the CPP was always on shaky legal ground, say Jane Montgomery and Amy Antoniolli of Schiff Hardin LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
Following recent federal appeals court decisions, the U.S. Supreme Court is likely to address the U.S. Securities and Exchange Commission's use of administrative law judges, but the Federal Energy Regulatory Commission's use of them may require further litigation, say David Perlman and Britt Steckman of Bracewell LLP.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.
The U.S. Department of Justice's recent lawsuit challenging Parker Hannifin’s consummated acquisition of Clarcor serves as an important reminder that the agencies can — and in some limited instances will — challenge consummated transactions that were reported to them under the Hart-Scott-Rodino Act, says Jack Sidorov of Lowenstein Sandler LLP.
The New York Supreme Court's decision in National v. TransCanada last month held that coverage under an "all-risks" policy extended to losses resulting from a precipitating cause that occurred prior to the policy period. This case underscores that the specific wording of an insurance policy can be outcome-determinative, say Jan Larson and Alexander Bandza of Jenner & Block LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.