• March 16, 2018

    Clearlake Closes Latest Fund With $3.6B In Commitments

    Private equity firm Clearlake Capital Group LP has closed its latest round of funding with more than $3.6 billion in commitments that will be invested in target sectors including technology and energy, the firm said Friday.

  • March 15, 2018

    Fed. Circ. Junks $1M Dominion Energy Patent Verdict

    A Federal Circuit panel on Thursday tossed a $972,000 award for Dominion Resources Inc. and a jury verdict that found Alstom Grid Inc. infringed its patent covering energy-conservation software, ruling that Dominion’s expert relied on contradictory and unsupported evidence.

  • March 15, 2018

    5th Circ. Affirms 2 Convictions In BP Oil Spill Fraud Case

    The Fifth Circuit on Wednesday upheld the convictions of two consultants accused of inflating the number of claimants in a $2.3 billion settlement in the BP PLC Deepwater Horizon litigation, rejecting their argument that a separate trial was necessary after the other defendants turned on them.

  • March 15, 2018

    Perry Admits DOE Budget Cuts Face Long Odds In Congress

    Energy Secretary Rick Perry on Thursday defended proposed cuts in the U.S. Department of Energy's 2019 budget plan from skeptical House appropriators, but admitted some reductions were legislative long shots, including the elimination of research and development programs and a plan to privatize federal hydroelectric power systems.

  • March 15, 2018

    Finances Limit Owner's Liability For Plugging Wells: Pa. Court

    A Pennsylvania appellate court ruled on Thursday that the owner of an oil and gas company could not be held liable for the company’s failure to seal off all of its abandoned oil and gas wells, despite notices of violation from the state’s Department of Environmental Protection, because the company did not have the financial resources to do so.

  • March 15, 2018

    Mapping Out A WTO Case Against Trump's Metal Tariffs

    U.S. trading partners are no doubt preparing a litany of responses to the Trump administration’s impending tariffs on steel and aluminum and the odds are high that the matter will head before a World Trade Organization panel, setting the stage for high-stakes litigation with substantial implications for the global trading order.

  • March 15, 2018

    Atlantic Richfield To Pay $3M For Ariz. Mine Cleanup Costs

    Atlantic Richfield Co. has agreed to reimburse the U.S. Environmental Protection Agency $3 million for past response costs at the Anaconda Copper Mine Site in Nevada, according to a prepublication notice posted on the Federal Register's website on Thursday.

  • March 15, 2018

    Pa. Appellate Panel Won't Upend AEP Tax Payment Order

    A Pennsylvania appeals court on Thursday handed a win to the state by rejecting an exception from American Electric Power Co. and upholding a lower-court decision that a unit of the power company can’t claim a tax exemption for electricity sales it made to a local authority and maintaining the unit’s $340,000 tax bill.

  • March 15, 2018

    BNSF Can't Derail Ruling In Wash. Tribe's Right-Of-Way Suit

    A Washington federal judge Thursday rejected BNSF Railway Co.’s attempt to call into question a tribe's ownership of land on which a disputed railroad runs after losing its argument that the latter’s claims that its increased crude oil shipments breach a right-of-way easement agreement are preempted.

  • March 15, 2018

    Deals Rumor Mill: Alibaba, Bayer, BP

    Alibaba Group Holding Ltd. is reportedly laying the groundwork for a Chinese stock market listing, Department of Justice antitrust officials aren’t satisfied with Bayer’s divestment plans related to its Monsanto takeover, and BP is looking to sell its stake in an Egyptian joint venture.

  • March 15, 2018

    Weil's Breitburn Lienholder Work A 'Fee Issue,' Judge Says

    A New York bankruptcy judge on Thursday said the failure of Weil Gotshal & Manges LLP to disclose it had represented a Breitburn Energy Partners LP lienholder before taking on the company's bankruptcy case was a “fee issue” that could come into play when the firm tries to collect its pay.

  • March 15, 2018

    DC Circ. Asks FERC Why Utility's Potential Recoupment Cut

    A D.C. Circuit panel skeptically prodded the Federal Energy Regulatory Commission on Thursday for an explanation why the agency ruled that if San Diego Gas & Electric Co. were forced to abandon a contentious project, it could only recoup half of the $31 million it initially spent, despite regulations the utility says mandate full reimbursement.

  • March 15, 2018

    Conn. Water Service Merges With Holding Co. In $750M Deal

    California-based holding company SJW Group has agreed to merge with Connecticut Water Service in a $750 million deal that would make the company the third-largest investor-owned water and wastewater utility in the U.S., SJW Group said Thursday.

  • March 15, 2018

    Feds Seek To DQ Atty In Venezuelan Bribery Case

    Federal prosecutors on Wednesday urged a Texas federal judge to disqualify a defense lawyer for a former Venezuelan government official indicted for his alleged role in a bribery scheme involving the country’s state-owned oil giant, citing the lawyer’s previous representation of a co-defendant in the case.

  • March 15, 2018

    FERC Won’t Let Pipeline MLPs Recoup Tax Allowances

    The Federal Energy Regulatory Commission will no longer permit master limited partnership interstate natural gas and oil pipelines to recoup an income tax allowance in cost-of-service rates, the agency said Thursday in response to a federal appeals court remand.

  • March 15, 2018

    FERC Reapproves Fla. Pipeline Amid Split Over GHG Review

    A divided Federal Energy Regulatory Commission reauthorized the $3.5 billion Southeast Markets natural gas pipeline to Florida, with the agency's two Democratic commissioners saying FERC failed to adequately analyze the project's greenhouse gas emissions impacts as required by the D.C. Circuit when it nixed the agency's original approval.

  • March 14, 2018

    Venezuela's Oil Co. Can't Copy Bribery Defendants' Docs

    The Florida federal judge overseeing Venezuela’s state-owned oil company PDVSA’s suit over an alleged bribery scheme said Wednesday he would modify a temporary restraining order to prohibit all defendants from destroying any records related to business with it, but stopped short of granting the oil company’s request to immediately access defendants’ servers and documents.

  • March 14, 2018

    Pipeline Cos. Seek ExGen Texas Ch. 11 Financial Assurance

    Two Texas pipeline companies objected Wednesday to confirmation of ExGen Texas Power LLC’s Chapter 11, citing concerns about the creditworthiness of unnamed replacement guarantors for their long-term agreements to fuel four of ExGen’s power plants.

  • March 14, 2018

    EU Trade Boss Expects Tariff Exemption Details 'Very Soon'

    The European Union’s top trade official said Wednesday that she still does not know how foreign governments can earn exemptions from the forthcoming U.S. tariffs on steel and aluminum, but expects the Trump administration to come forward with those details “very soon.”

  • March 14, 2018

    4 Takeaways From EPA's New Source Review Guidance

    The U.S. Environmental Protection Agency’s decision Tuesday to change the permitting process for proposed projects that emit air pollutants will simplify the system and make it easier for some projects to be approved, while creating a new legal target for environmental groups, experts say. Here are four takeaways from the EPA’s New Source Review memorandum.

Expert Analysis

  • Series

    EPA In The Trump Era: The Superfund Enforcement Initiative

    Donald Elliott

    When it comes to climate change, the U.S. Environmental Protection Agency under Administrator Scott Pruitt is undeniably less aggressive than under its immediate predecessor. However, for the current EPA, one area that sharply conflicts with this pattern is Superfund, says Donald Elliott, former EPA general counsel and chairman of the environmental practice group at Covington & Burling LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Contesting FERC's Right To Impose Retroactive Surcharges

    David Perlman

    In Verso Corp. v. Federal Energy Regulatory Commission, the commission is arguing that it has broad authority to make regional transmission organizations impose surcharges on customers where necessary to pay refunds ordered under Section 206 of the Federal Power Act. The D.C. Circuit's decision in this dispute will have significant implications for FERC’s authority going forward, say attorneys with Bracewell LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • PG&E Ruling May Mean More Challenges To Incentive Adders

    Paul Pantano Jr.

    The Ninth Circuit recently rejected the Federal Energy Regulatory Commission’s grant of incentive adders to Pacific Gas & Electric’s rate of return calculations for the utility's continued participation in the markets operated by the California Independent System Operator. The decision may open the door for more challenges to public utilities’ rate filings, say attorneys with Willkie Farr & Gallagher LLP.