Energy

  • December 5, 2017

    Buckeye Unit Says Pa. Agency Can't Block Pipeline Reversal

    A Buckeye Partners unit argued on Monday that its efforts to reverse the flow of a section of pipeline to provide interstate transportation of petroleum products did not require approval from Pennsylvania utility regulators and, instead, fell under the jurisdiction of the federal government.

  • December 5, 2017

    Conoco Asks Texas Justices To Apply Perpetuities Rule

    Counsel for ConocoPhillips Co. and Burlington Resources Oil & Gas Co. LP told the Texas Supreme Court in oral arguments Tuesday that a lower appellate court “invented a legal fiction” when deciding an Eagle Ford Shale lease dispute and created uncertainty regarding legal title to the land.

  • December 5, 2017

    Mass. AG Lacks Authority To Probe Exxon, State Justices Told

    An attorney for Exxon Mobil Corp. argued Tuesday at Massachusetts' top court that the company is safely outside the purview of Massachusetts Attorney General Maura Healey and should escape her investigation into allegations that executives formerly misrepresented the tie between fossil fuels and climate change.

  • December 5, 2017

    2nd Circ. Poised To Rule Quickly On NY-FERC Pipeline Spat

    A Second Circuit panel on Tuesday didn't rule on New York's bid to block a Millennium Pipeline Co. LLC project, but appeared willing to speed up the state's challenge of the Federal Energy Regulatory Commission's determination that the state had waived its permitting authority for the project.

  • December 5, 2017

    BLM Will Fight Methane Enforcement Ruling At 9th Circ.

    The Bureau of Land Management on Monday said that it will appeal to the Ninth Circuit an October ruling from a California federal magistrate judge that reactivated Obama-era regulations limiting methane gas emissions on public lands.

  • December 5, 2017

    Real Estate Rumors: SL Green, Randy Rissman, Florida Power

    A venture that includes real estate investment trust SL Green has reportedly landed a $195 million loan for a New York retail property, Tiger Electronics founder Randy Rissman is said to be nearing a deal to buy a Chicago office property and Florida Power & Light Co. has reportedly bought more than 1,300 acres of land in northern Florida.

  • December 5, 2017

    ND Tribe Member Fights Fee, Interest Bids In Royalty Beef

    A Three Affiliated Tribes member and his current attorney are challenging a pair of requests made by Enerplus Resources Corp. in its $3 million royalty overpayment dispute, telling a North Dakota federal court Monday that the requested attorneys' fees are excessive and the oil and gas exploration company isn’t entitled to prejudgment interest.

  • December 5, 2017

    DOT Yanks Emergency Brakes Mandate For Crude Oil Trains

    The U.S. Department of Transportation said late Monday it will pull a 2015 final rule requiring trains carrying crude oil, ethanol and other flammable liquids to be outfitted with electronically controlled pneumatic brakes, or ECP brakes, saying it’s unclear whether the perceived safety benefits justified the costs to railroads.

  • December 5, 2017

    ITC Clears Path For New Biodiesel Tariffs

    The U.S. International Trade Commission greenlit new tariffs on shipments of biodiesel fuel from Argentina and Indonesia on Tuesday after determining that the imports are posing a threat to domestic producers.

  • December 5, 2017

    FERC Ruling Casts New Scrutiny On Oil Pipeline Contracts

    The Federal Energy Regulatory Commission's recent ruling that an oil pipeline company's plan for its marketing arm to buy up pipeline space at full price while reselling it at a discount is illegal will send other pipeline operators scrambling to review their own marketing deals and could spark more litigation at FERC, experts say.

  • December 4, 2017

    Tribe, Enviros Take Aim At BLM For Mine Project Approvals

    An Alaskan tribe and three conservation groups on Monday launched a federal court challenge to U.S. Bureau of Land Management decisions that have allowed a mining exploration in a watershed in the southeast part of the state to proceed, saying the agency hasn't appropriately considered the environmental impacts.

  • December 4, 2017

    NY Solar Co. Hits Bankruptcy After Abrupt Layoffs

    Level Solar Inc. filed for Chapter 11 bankruptcy protection in New York on Monday with plans to investigate its former CEO, a little more than two months after the residential solar panel installer was accused of abruptly closing its doors and terminating all employees without legally required advanced warning.

  • December 4, 2017

    Enviro Group Sues EPA For 'Stonewalling' On Pruitt Speeches

    An environmental group filed suit against the U.S. Environmental Protection Agency on Monday accusing it of breaching a deadline to hand over copies of speeches given by Administrator Scott Pruitt, arguing that the government’s inaction violated public records law.

  • December 4, 2017

    Renewable Cos. Eye Damage Control As Tax Plan Advances

    The tax bill passed by the U.S. Senate on Saturday ratchets up anxieties for a renewable energy sector already concerned by the tax legislation that cleared the House last month, setting the stage for clean energy advocates to push for major rewrites during the reconciliation process. Here's a review of the energy impacts of both bills, as well as a preview of what the biggest energy-related fights will be as lawmakers attempt to craft unified legislation.

  • December 4, 2017

    First Nations, Enviros Prevail In Yukon Watershed Plan Fight

    The Supreme Court of Canada on Friday ruled that the Yukon government didn’t “have the authority” to make the substantial changes that it did to a land use plan for the Peel watershed, handing a win to First Nations and environmental groups.

  • December 4, 2017

    $1.1M Award In Refinery Row Can Stand, English Judge Says

    Trinidad and Tobago's state-owned energy company has failed to convince an English High Court justice to set aside a $1.1 million arbitral award issued to a Samsung Engineering Co. Ltd. subsidiary following a dispute centering on the construction of certain structures at an oil refinery.

  • December 4, 2017

    Louisiana-Based Kean Miller Launches Houston Office

    Kean Miller LLP recently opened a new office in Houston, Texas, the firm’s first office outside of the state of Louisiana, that will focus on the energy industry, it announced Monday.

  • December 4, 2017

    SEC Accuses Accounting Firm Of Fraud Over Microcap Audits

    The U.S. Securities and Exchange Commission on Monday accused a California-based public accounting firm and a number of its current and former partners of doing flawed audit work for an energy services holding company and two other penny-stock company clients that have themselves been accused of fraud by the agency.

  • December 4, 2017

    SolarCity Investors Fight To Revive Suit At 9th Circ.

    SolarCity Corp.’s investors urged the Ninth Circuit on Monday to revive a proposed shareholder class action alleging the solar energy company intentionally overstated its profits by $23 million in 2012, arguing that the allegations are enough to show SolarCity’s misrepresentation was more than just an accidental accounting error.

  • December 4, 2017

    Marathon Petroleum Can Challenge Audit Later, 3rd Circ. Says

    The Third Circuit on Monday upheld the dismissal of Marathon Petroleum Corp.'s challenge to a law that allowed Delaware to embark on a nine-year audit in search of abandoned property to seize, but left the door open for a Fourth Amendment challenge in the future.

Expert Analysis

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • CFTC's Troubling Price Manipulation Claims Against Statoil

    Norman Bay

    Statoil ASA will pay $4 million to resolve claims that the company attempted to manipulate propane prices, but the intent evidence that the U.S. Commodity Futures Trading Commission relied upon is not very persuasive, say attorneys with Willkie Farr & Gallagher LLP.

  • Amicus Arguments For And Against Inter Partes Review

    Thomas King

    In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)

  • How Blockchain Could Change The Energy Industry: Part 2

    Caroline Stewart

    Incorporating blockchain technology into the energy marketplace poses considerable challenges. Blockchain developers must proceed in the face of regulatory uncertainty, while regulators must address reliability, stability and security concerns. But in the end, it is likely that the opportunities will outweigh the obstacles, says Caroline Stewart of Vinson & Elkins LLP.

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • How Blockchain Could Change The Energy Industry: Part 1

    Caroline Stewart

    Blockchain technology has expanded far beyond cryptocurrencies and into the energy sphere, enabling peer-to-peer payment and potentially catalyzing distributed energy resources. But full integration of blockchain will require confronting a complex energy regulatory landscape, as well as reliability, security and stability concerns, says Caroline Stewart of Vinson & Elkins LLP.

  • Roundup

    Judging A Book

    Locking Up Our Own

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Creditors’ Options In Venezuela’s Disorderly Default

    Javier Rubinstein

    By analyzing the case law from Argentina’s default in 2001 and the terms of the Venezuelan bonds, it is possible to predict how a disorderly default might play out in Venezuela's debt crisis. Attorneys with Kirkland & Ellis LLP examine key elements from Argentina’s default in order to predict whether history is likely to repeat itself.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.