• June 26, 2017

    DC Circ. Won't Revive La. Challenge To FERC Rate Ruling

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's approval of certain depreciation rates used in a formula to balance power production costs in four states served by Entergy Corp., rejecting arguments from Louisiana utility regulators that the rates weren't just and reasonable.

  • June 26, 2017

    Enviros Can't Score Win Against Exxon In Chemical Plant Suit

    A Louisiana federal judge on Friday refused to confirm that an environmental group has the right to pursue its lawsuit alleging Exxon Mobil Corp.’s Baton Rouge chemical plant violated the Clean Air Act, saying she needs more information before deciding the question.

  • June 26, 2017

    Top Senate Democrats Call To Lift Gov't Spending Caps

    Democratic Senate leaders urged their GOP counterparts to increase both defense and nondefense spending next year, positioning themselves for the latest fight over government funding in a process that is months behind schedule.

  • June 26, 2017

    GulfMark Offshore Gets OK To Poll Creditors On Ch. 11 Plan

    A Delaware bankruptcy judge gave GulfMark Offshore Inc. the go-ahead Monday to poll creditors on its Chapter 11 plan to swap out more than $400 million in debt for equity in a reorganized company, noting that the disclosure statement described a “very complicated” restructuring transaction.

  • June 26, 2017

    Feds, Colorado Accuse Energy Co. Of CAA Violations

    The federal government and the state of Colorado on Monday hit PDC Energy Inc. with a lawsuit alleging unlawful emissions from storage tanks in the state in violation of the Clean Air Act.

  • June 26, 2017

    Couche-Tard Wins FTC OK On $4.4B CST Buy With Store Sales

    Canada’s retail and convenience store operator Alimentation Couche-Tard Inc. on Monday won approval from the Federal Trade Commission for its $4.4 billion plan to acquire CST Brands Inc. with an agreement to sell 70 stations in the U.S. to ease the agency’s antitrust concerns.

  • June 26, 2017

    Deals Rumor Mill: Landis & Gyr, Vapiano, Telefonica

    Two suitors remain in the battle to buy Swiss power meter manufacturer Landis & Gyr, Germany-based restaurant chain Vapiano could raise up to €184 million in an IPO this week, and Telefonica is mulling a flotation of its Argentine business.

  • June 26, 2017

    Judge Won’t Decertify Class After Win For Gas Developers

    Charter Land Co. LLC can’t get the class decertified in a suit against natural gas developer Southwestern Energy Co. and its subsidiaries alleging the companies violated certain lease provisions to scam money from royalty owners, an Arkansas federal judge ruled Friday before entering a final judgment affirming a jury’s verdict against the class.

  • June 26, 2017

    FERC Order Put Grid Projects On Table, If Not In Ground

    The Federal Energy Regulatory Commission's landmark regional transmission planning rule hasn't resulted in the significant development of electricity transmission envisioned when the order was enacted nearly six years ago, but former FERC officials say it's still been useful in forcing the electricity industry to think more broadly about the future of the U.S. grid.

  • June 26, 2017

    Divergence In Materiality Tests Narrower Than It May Seem

    Although the Second Circuit last week used strong language when it rejected a First Circuit test for assessing the materiality of certain financial information omitted from company registration statements, experts say the alternative laid out by the court sets an equally high bar for IPO investor suits.

  • June 26, 2017

    DC Circ. Won't Rehear Case On Wind Farm Power Contract

    The D.C. Circuit on Friday rejected a request by a wind farm and renewable energy advocates to rehear its decision that upheld the Federal Energy Regulatory Commission’s ruling that forced Portland General Electric Co. to purchase the wind farm’s power using a method the farm didn’t like.

  • June 26, 2017

    Supreme Court Won't Review EPA Boiler And Incinerator Rule

    The U.S. Supreme Court on Monday refused to consider an electricity wholesaler's bid to strike down the U.S. Environmental Protection Agency’s emissions rule for boilers and incinerators, which set standards that the company argued are impossible to meet.

  • June 26, 2017

    Judge Recommends Pausing Oil Field Suit For Arbitration

    A Texas magistrate judge on Friday recommended pausing for arbitration Carlton Energy Group LLC’s suit relating to an African oil field dispute potentially worth $1 billion, rejecting Carlton’s contention that PetroChina Co. Ltd. and related companies can’t agree to arbitrate because they weren’t part of an original contract. 

  • June 23, 2017

    Mayors Say Cities Must Take Lead On Fighting Climate Change

    The spotlight shined hot on climate change Friday as the U.S. Conference of Mayors convened in Miami Beach, with leaders of the nation's cities saying they must take the lead on environmental efforts in the face of federal retreat.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    Texas Justices Split On Deed Interpretation In Royalty Row

    The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.

  • June 23, 2017

    Fitch Says Eased Regs Won't Spur Lasting Energy Boom

    President Donald Trump’s promises to roll back federal environmental regulations are not expected to be a major driver of new oil and gas exploration and production but will more likely spark opposition among state and local regulators that could open companies up to long-term risk, Fitch Ratings has said.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Texas High Court Says Contract Law Rules In Royalty Row

    The Texas Supreme Court ruled unanimously against Samson Exploration LLC on Friday and said the company must pay royalties for a gas well’s production to two pooled units of royalty owners, deciding a lower court was right to assert that contract law governed the overlapping obligation.

Expert Analysis

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Energy Efficiency Resources Must Stay In The Mix

    Richard Drom

    A proposal by PJM Interconnection threatens to exclude energy efficiency resources — the electricity savings achieved through the use of more energy-efficient products — from competing in its capacity market. This precedent could lead to additional barriers for other advanced energy technologies in wholesale electricity markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Determining OCS Jurisdiction For Lessees And Operators

    Grady Hurley

    Pending an appellate resolution of Island Operating v. Jewell, and due to the complicated nature of jurisdiction and regulation of the Outer Continental Shelf, all contractors should preserve their rights by appealing any incident of noncompliance issues within the delays mandated and seeking to stay the enforcement of pending appeals, says Grady Hurley of Jones Walker LLP.

  • The Regulatory Reforms Manufacturers Want Most: Part 2

    Charles Merrill

    At the direction of the White House, the U.S. Department of Commerce recently sought comments on the impact of federal regulations on domestic manufacturing. Companies and trade associations responded with many suggestions. But the president's proposed dramatic reduction in funding for the U.S. Environmental Protection Agency may make changing environmental regulations a slow process, says Charles Merrill of Husch Blackwell LLP.

  • What To Expect From CAA Risk Management Program Delay

    Peter Modlin

    In light of the current administration’s stated priorities, it seems likely that the U.S. Environmental Protection Agency will finalize its recently proposed delay of the Clean Air Act’s risk management program, and may seriously entertain revisions to the substance of the amendments, say Peter Modlin and Courtney Chin of Gibson Dunn & Crutcher LLP.

  • 9 Things To Know About Trump's Paris Agreement Decision

    Ethan Shenkman

    After declining to recommit to the Paris climate change agreement at the recent G-7 summit, it came as little surprise that President Donald Trump announced the U.S. will withdraw from the Paris climate accord. Attorneys with Arnold & Porter Kaye Scholer LLP discuss some of the most important aspects of this development.

  • The Regulatory Reforms Manufacturers Want Most: Part 1

    Charles Merrill

    Four days after taking office, President Donald Trump directed the U.S. Department of Commerce to seek comments on the impact of federal regulations on domestic manufacturing. Many businesses and trade associations have since responded. A review of comments submitted to the DOC offers insights into which environmental regulations companies find most problematic, says Charles Merrill of Husch Blackwell LLP.

  • Maryland's Energy Storage Credit Has Strings Attached

    David Burton

    Last month, Maryland became the first state in the U.S. to offer a tax credit for energy storage systems. But its value may be limited by a cap on the total amount of credits the state will issue in a given year, questions about how partnerships may be allowed to allocate the credit between sponsors and investors, and other considerations, say attorneys at Mayer Brown LLP.

  • Private Equity And Energy Infrastructure: Part 2

    Denis A. Fallon

    Private equity investors have found energy infrastructure funds to offer a useful combination of long-term stable returns and downside protection. In the final installment of this article, Denis Fallon and C. Spencer Johnson III of King & Spalding LLP consider a variety of options for private equity investments in already-completed, income-producing projects.

  • Private Equity And Energy Infrastructure: Part 1

    Denis A. Fallon

    Energy infrastructure funds offer the potential for long-term stable returns, plus downside protection through the asset class’s inflation-hedging characteristics. This two-part article by Denis Fallon and C. Spencer Johnson III of King & Spalding LLP provides an introduction to energy infrastructure funds, and shows how conventional private equity fund limitations can impact an energy infrastructure investment.