• February 20, 2018

    Honeywell Sues Gov't To Recoup $1.9M For Nuke Plant Fixes

    Honeywell International Inc. went after the federal government Friday in the U.S. Court of Federal Claims, alleging that the Nuclear Regulatory Commission improperly billed it $1.9 million in connection with sanctions the agency imposed on the company’s Illinois uranium conversion facility.

  • February 20, 2018

    ETE's Warren Defends Fairness Of $1B Private Unit Issue

    Energy Transfer Equity LP Chairman Kelcy Warren rejected claims Tuesday that self interest drove a $1 billion private securities initiative effectively closed to nearly 70 percent of ETE’s unitholders in 2016, during a trial in Delaware on a class call for damages and cancellation of the terms.

  • February 20, 2018

    Ex-CEO Of Bankrupt NY Solar Co. Attacks Subpoena Request

    The former CEO of bankrupt solar panel installer Level Solar Inc. hit back on Tuesday against the debtor’s attempts to subpoena him for information, calling the probe a cynical ploy to “defame” and “harass” him “to distract from current management’s own wrongdoing.”

  • February 20, 2018

    Wilmington Suit Over Ex-Chesapeake CEO's $464M Debt Stays

    A New York federal judge on Friday largely left intact a suit brought by Wilmington Trust National Association over a $464 million loan guaranty from the late Chesapeake Energy CEO and part-owner of the NBA's Oklahoma City Thunder, finding the court has jurisdiction to hear the case.

  • February 20, 2018

    Tribal Involvement Doesn’t Nix Coal Plant Suit, Feds Say

    The federal government told the Ninth Circuit that environmental groups should be able to challenge the government’s approval of continued operations of a coal-fired plant and mine on Navajo land, arguing a lower court was wrong to say the mine owner’s sovereign immunity blocked judicial review.

  • February 20, 2018

    Swift Action Called For In Pacific Drilling Ch. 11 Case

    Turning down calls for mediation in the Chapter 11 case for Pacific Drilling, a New York bankruptcy judge on Tuesday questioned the company’s reorganizing efforts to date and said he expects quick signs of progress in its restructuring plan talks with creditors.

  • February 20, 2018

    Watchdog Wants FERC To Probe Grid Operator's Donations

    Consumer advocate Public Citizen on Tuesday urged the Federal Energy Regulatory Commission to force PJM Interconnection to fully disclose its political spending, claiming the regional grid operator is hiding from stakeholders millions of dollars it may have illegally paid to political action committees and lobbying firms.

  • February 20, 2018

    States Seeing Rash Of Bills To Tax Carbon Emissions

    Taxing carbon products and emissions is a long-cherished goal of Washington Gov. Jay Inslee, and he has proposals to do so again this year. This time, however, he is far from alone as 10 states have released bills to combat climate change and raise revenue by using the tax system.

  • February 20, 2018

    Graft Jury Won't See Video Of Cuomo Aide's Wife Teaching

    Video of Joe Percoco’s wife teaching at an energy company’s school outreach program is irrelevant to the bribery case against the ex-aide to New York Gov. Andrew Cuomo, a Manhattan trial judge ruled Tuesday, short-circuiting a fresh defense effort to blunt the charge that her “low-show” job was tied to illegal payments.

  • February 20, 2018

    One Count Survives In Regency, Energy Transfer Merger Suit

    A single claim for breach of a limited partnership against natural gas company Regency GP LLC survived a second dismissal try Tuesday after a Delaware Chancery Court determined the pleading was sufficient to show Regency’s board may have known its $11.2 billion merger with Energy Transfer Partners LP was not in its best interest.

  • February 20, 2018

    2nd Circ. Ruling Ends Exxon Free Speech Claims, Judge Told

    The Second Circuit’s recent decision that the First Amendment does not shield social welfare organizations from disclosing their donors should also undermine Exxon Mobil Corp.’s free speech claims against state climate change probes, New York Attorney General Eric Schneiderman’s office told a federal judge Friday.

  • February 20, 2018

    Tribunal Orders Egypt To Pay $1B In Gas Supply Row

    Egypt has been ordered in arbitration to pay more than $1 billion in damages for wrongfully terminating a gas purchase and supply agreement with the operator of an underwater pipeline that transported natural gas from Egypt to Israel, a company partially owned by the bankrupt Ampal-American Israel Corp.

  • February 20, 2018

    High Court Rejects Four Environmental Cases

    The U.S. Supreme Court on Tuesday declined review in several environmental cases, including challenges to how the U.S. Environmental Protection Agency interpreted an Eighth Circuit finding that it improperly crafted water pollution rules, and to the Third Circuit’s decision to toss a group of Pennsylvania residents’ lawsuit alleging they developed cancer after exposure to a nuclear facility’s emissions.

  • February 20, 2018

    Mass. Is Stalling Pipeline Permit, Enbridge Unit Tells DC Circ.

    An Enbridge Inc. unit told the D.C. Circuit on Friday that Massachusetts' environmental regulator missed the deadline for acting on its application for an air permit for a proposed natural gas compression station in Weymouth, which is part of its controversial Atlantic Bridge pipeline project.

  • February 20, 2018

    Dems Press EPA Chief About Expensed 1st-Class Travel

    U.S. Environmental Protection Agency head Scott Pruitt caught heat Tuesday over his reported first-class travel on the taxpayer's dime when Democrats on the House Energy and Commerce Committee questioned how he justified the expenditures.

  • February 20, 2018

    Ukraine Submits Case For Arbitration In Row With Russia

    Ukraine has outlined its case to arbitrators for natural resources and other rights in and around the Black Sea that it says Russia effectively seized when its troops invaded Crimea in 2014, the country said on Monday. 

  • February 20, 2018

    Towns Can't Regulate Pipeline Locations, Pa. Court Rules

    The Pennsylvania Commonwealth Court on Tuesday ruled that a suburban Philadelphia township’s zoning ordinance does not stand in the way of Sunoco Pipeline LP’s controversial Mariner East 2 natural gas pipeline, pointing to the project’s already established “public utility” status.

  • February 20, 2018

    Enviros Urge High Court To Nix Utility's Immunity Bid

    An Arizona utility shouldn't be allowed to claim state-action immunity in order to evade a suit lodged by a Tesla Inc. unit claiming the utility is illegally maintaining its monopoly through rules that squeeze out rooftop solar power, environmental groups told the U.S. Supreme Court on Tuesday.

  • February 20, 2018

    $300M Emergency Loan Approved For Puerto Rico Electric Co.

    Puerto Rico’s ailing power utility on Monday was authorized to accept a $300 million unsecured loan from the commonwealth to stave off an imminent blackout, after the utility’s creditors successfully fought off an earlier $1 billion secured loan proposal.

  • February 20, 2018

    High Court Passes On Pair Of NC Hydroelectric Dam Fights

    The U.S. Supreme Court on Tuesday refused to take up a pair of disputes involving hydroelectric projects in North Carolina that included a land rights fight between the state and a dam owner and the Federal Energy Regulatory Commission's relicensing of a Duke Energy Corp. project.

Expert Analysis

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How California Energy Laws Changed In 2017: Part 2

    Ella Foley Gannon

    The laws relating to energy that were enacted during the 2017 California state legislative session will bring a host of changes to existing state programs and policies. Interested stakeholders must familiarize themselves with the state's new policies on solar consumer protection, emerging technologies, zero-emission vehicles and retail utilities, say attorneys with Morgan Lewis & Bockius LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Cook Inlet Decision Rightly Protects Deemed Consolidation

    Darren Azman

    The Alaska bankruptcy court's recent ruling in Cook Inlet Energy should give debtors confidence that consolidating for a limited purpose does not open them up to the liabilities associated with substantive consolidation. The ability to retain their preferred structure can have a profound impact on debtors, with far-reaching implications for financing and tax matters, say Darren Azman and Michael Galen of McDermott Will & Emery LLP.

  • How California Energy Laws Changed In 2017: Part 1

    Ella Foley Gannon

    For energy industry observers, the 2017 California state legislative session produced a few significant bills along with a host of more minor bills. While protecting the environment, the Legislature also sought environmental justice, with new legislation relating to the state's cap-and-trade program, air quality and distributed energy resources, say attorneys with Morgan Lewis & Bockius LLP.

  • Understanding FERC's Natural Gas Certificate Policy Review

    Cynthia Taub

    The Federal Energy Regulatory Commission announced in December that it will review its 1999 certificate policy statement for deciding when a proposed natural gas project is required by the public convenience and necessity. Based on comments from the commissioners, this review may include potential changes to the commission’s environmental review process, say Cynthia Taub and Monique Watson of Steptoe & Johnson LLP.

  • Interpreting Treasury's Report On Russian Oligarchs

    Mario Mancuso

    The recent report by the U.S. Department of the Treasury on senior foreign political figures and oligarchs in the Russian Federation is not a "sanctions list." Yet the prospect remains that parties identified in the report could become targets of sanctions or other restrictions — and transactions with such parties could also become subject to closer scrutiny, say attorneys with Kirkland & Ellis LLP.

  • 9th Circ. Decision Could Be Game-Changer For Investors

    Carol Villegas

    The Ninth Circuit on Wednesday issued an important decision in Mineworkers' Pension Scheme v. First Solar that serves to protect investor rights in securities class actions and will prevent companies that commit fraud from evading liability, say Carol Villegas and James Christie of Labaton Sucharow LLP.