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Energy

  • 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.

  • January 16, 2019

    Move To Block Russia Sanction Deal Dies In Senate

    The Treasury Department is free to relax U.S. sanctions on three companies tied to a Russian oligarch after Senate Democrats on Wednesday failed to pick up enough Republicans to oppose the move.

  • January 16, 2019

    Senate Dem Decries Shutdown Of Chemical Accident Probes

    A tiny federal agency that investigates chemical spills and related incidents in the energy sector can't do its job during the government shutdown, putting crucial probes into the causes of industrial accidents at risk, Democratic Sen. Tim Kaine of Virginia said Wednesday.

  • January 16, 2019

    Pa. Appeals Court Weighs Meaning Of 'On' In Gas Leases

    Attorneys disputed the meaning of the word “on” in oil and gas law Wednesday as a landowner argued to the Pennsylvania Superior Court that he was entitled to extra payments from his gas lease with an Exxon Mobil Corp. subsidiary because underground hydraulic fracturing was occurring “on” his property.

  • January 16, 2019

    Wheeler 'Almost As Extreme' As Former EPA Head, Dem Says

    Senate Democrats harshly criticized acting U.S. Environmental Protection Agency chief Andrew Wheeler for his stances on climate change, auto emissions, mercury pollution standards and other issues at his confirmation hearing Wednesday, with one senator saying the positions "appear to be almost as extreme as his predecessor's."

  • January 16, 2019

    Ex-Latham Hong Kong Head Launches Arbitration Practice

    A former Latham & Watkins LLP managing partner has left the firm’s Hong Kong office to launch his own independent practice where he will focus on overseeing disputes as an arbitrator and advising clients as counsel.  

  • January 16, 2019

    Venezuela Challenges Colombian Fuel Import Rules In WTO

    Venezuela has initiated a dispute in the World Trade Organization that claims Colombia has limited the distribution of imported fuel and given Colombian domestic producers an unfair advantage in violation of global trade accords.

  • January 16, 2019

    Calif. County Sues PG&E Over Deadly Nov. Wildfire

    Butte County in Northern California has sued Pacific Gas & Electric Co. in state court over the deadly wildfire that ravaged the county and killed 86 people last year, alleging the utility disregarded safety to increase its own profits.

  • January 15, 2019

    €128M Award Against Spain Can Be Enforced, Court Hears

    London-based asset manager Eiser Infrastructure Ltd. argued Monday that a D.C. federal court has no authority to independently determine whether Spain consented to arbitrate a dispute over renewable energy subsidies, and, as such, can enforce a €128 million ($146 million) arbitral award against the country.

  • January 15, 2019

    Subcontractor Deals Outside Union's Purview: NLRB Memo

    The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.

Expert Analysis

  • 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.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • The Evolving Frontier Of Foreign Securities Litigation

    Joel Rothman

    Several recent developments — including a petition for certiorari filed with the U.S. Supreme Court in Toshiba v. Automotive Industries Pension Trust Fund — highlight why foreign securities litigation is an ever-changing scenario where nothing is definite, say Joel Rothman and Peter Saparoff of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • 2 Circuits Clear Up NGA Questions For Pipeline Cos.

    Arthur Schmalz

    Recent decisions from the Sixth and Eleventh Circuits address several common procedural issues in a manner favorable to pipeline companies seeking immediate possession in Natural Gas Act condemnations, says Arthur Schmalz of Hunton Andrews Kurth LLP.