Energy

  • September 14, 2017

    Chieftain's Plan Confirmed After Smooth Ch. 11 Process

    The peaceful Chapter 11 process of fracking sand company Chieftain Sand and Proppant LLC ended Thursday when a Delaware bankruptcy judge approved its consensual plan of liquidation that will see its estate wound down over the next few months.

  • September 14, 2017

    EPA Postpones Power Plant Effluent Guidelines For 2 Years

    The U.S. Environmental Protection Agency on Wednesday gave steam-powered electricity plants two additional years to comply with an Obama-era rule limiting toxic metal levels in wastewater discharged, a move that has been opposed by environmental groups.

  • September 14, 2017

    7th Circ. Judge Doubts CEO's Claim He Missed Fuel Scam

    At least one Seventh Circuit judge hearing arguments Thursday in a former petroleum company CEO’s appeal was skeptical of his claim he knew nothing about his company’s plot to collect illegal biofuel tax credits, saying there is a “rather large” amount of evidence to the contrary.

  • September 14, 2017

    Senate Dems Seek Answers From Pruitt Over EPA Staff Cuts

    Six Democratic members of the Senate Committee on Environment and Public Works wrote a letter to U.S. Environmental Protection Agency head Scott Pruitt on Thursday expressing concerns about staffing reductions at the agency and asking a number of questions about the severity of and reasoning for the changes.

  • September 14, 2017

    NJ Pipeline Plan Gets Green Light From Pinelands Panel

    The New Jersey Pinelands Commission on Thursday greenlighted a controversial plan for a 30-mile pipeline that would course through sensitive forest areas in three of the state’s counties, delivering a split vote after a meeting frequently punctuated by protesters’ shouts and noisemakers.

  • September 14, 2017

    Okla. Landowner Urges 10th Circ. To Revive Drill Permit Suit

    An Oklahoma landowner on Wednesday urged the Tenth Circuit to reinstate his suit that claimed the Bureau of Indian Affairs granted an energy exploration company permission to drill on his land without first conducting a required environmental review, saying the lower court made various reversible errors.

  • September 13, 2017

    Puerto Rico Fuel Line Lenders Prep For Utility Revenue Fight

    Units of Scotiabank and hedge fund Solus Alternative Asset Management have asked the court overseeing Puerto Rico’s restructuring to let them intervene in a suit between the island’s government-owned power company and its bondholders, saying they’re owed $696 million by the power company that must be paid back ahead of all other claims.

  • September 13, 2017

    Anglers Seek Quick Win In Bid To Block $43M NY Wind Farm

    Seafood industry groups, companies and several towns asked a D.C. federal judge Tuesday to block a $42.5 million lease awarded by the Bureau of Ocean Energy Management to Statoil Wind for a wind farm off the coast of New York.

  • September 13, 2017

    Seadrill To Defer Debt Payments, Raise $1B Through Ch. 11

    Distressed offshore oil rig operator Seadrill Ltd. filed for bankruptcy on Tuesday with prenegotiated plans to defer $5.7 billion worth of secured debt payments and speedily emerge from Chapter 11 with more than $1 billion in new capital, hoping to position itself for an anticipated market recovery.

  • September 13, 2017

    11th Circ. Says No New Trial For Ponzi Schemer

    The Eleventh Circuit ruled Wednesday that a convicted Ponzi schemer was rightly denied a new trial after he was sentenced to five years in prison, with the panel agreeing he neither identified new evidence nor showed that the government had withheld it.

  • September 13, 2017

    Exxon Can't Be Sued For Sea Rise In 'Far Future,' Judge Says

    A Massachusetts federal judge ruled that the Conservation Law Foundation didn’t have standing to sue Exxon Mobil Corp. for injuries the group said would result from sea level rises occurring in the distant future in its suit involving the company’s Boston-area petroleum storage terminal, partially granting the oil giant’s dismissal bid.

  • September 13, 2017

    Zinke Fills Key Post In Indian Affairs Office

    U.S. Secretary of the Interior Ryan Zinke on Wednesday said he has named a Kiowa Tribe of Oklahoma member as principal deputy assistant secretary for the Office of the Assistant Secretary for Indian Affairs.

  • September 13, 2017

    Hanergy Wants $7.2M In Calif. Solar Project Contract Row

    Hanergy America Solar Solutions asked for a quick win in California federal court on Tuesday, arguing that it should be paid about $7.2 million under a contract for a solar electric generating plant that placed the project’s risk on a company purchased by PSEG Solar California LLC.

  • September 13, 2017

    Del. River Regulator Moves Toward Permanent Fracking Ban

    The Delaware River Basin Commission on Wednesday took a step toward making permanent a long-running moratorium on fracking in the river’s watershed, voting in favor of a resolution to issue draft regulations to ban use of the technique for oil and gas extraction.

  • September 13, 2017

    Buchanan Ingersoll Snags Ex-Norton Rose Toxic Tort Pro

    Buchanan Ingersoll & Rooney PC has added an environmental and product liability attorney in New York from Norton Rose Fulbright, whose experience includes defending Exxon for nearly 15 years in multidistrict litigation with cities, states and Puerto Rico over groundwater allegedly contaminated by a gasoline additive.

  • September 13, 2017

    Ex-Chuhak Atty Gets 18 Months For Defrauding NFL Players

    A former Chuhak & Tecson PC partner who admitted to selling several professional athletes and other investors millions in alternative energy tax credits he knew were illegal was sentenced to 18 months in prison Wednesday.

  • September 13, 2017

    Ex-Yukos Shareholders Must Subpoena Atty In Person: Judge

    Former Yukos Oil Co. shareholders trying to subpoena a lawyer they believe has knowledge of alleged Russian meddling that upended a mammoth $50 billion arbitral award in their favor cannot get around federal rules requiring he be served in person, a California federal magistrate judge ruled Wednesday.

  • September 13, 2017

    Europe Wants A Closer Look At Foreign Takeovers

    European Commission President Jean-Claude Juncker proposed a new system for “screening” foreign investments in European companies on Wednesday, naming the defense and energy industries as the type of strategic sectors that warrant additional government scrutiny.

  • September 13, 2017

    Locke Lord Steers Tailwater's $300M Sale Of Align Midstream

    Private equity firm Tailwater Capital LLC, with assistance from legal adviser Locke Lord LLP, has inked an agreement to sell Dallas-based Align Midstream LLC to Enable Midstream Partners LP for roughly $300 million, according to a Wednesday statement from the law firm.

  • September 13, 2017

    Feds Urge 9th Circ. To Nix Kids' Climate Suit

    The federal government told the Ninth Circuit that it should be able to escape a climate change suit brought by youths accusing the government of endangering people by encouraging fossil fuel development, saying that the lower court's decision to allow the case to proceed was wrong.

Expert Analysis

  • Challenging An Escheat Audit? Be Sure The Claim Is Ripe

    Anthony Cavender

    Many companies have questioned the constitutionality of Delaware’s escheat regime. But recently the Third Circuit largely affirmed the dismissal of a pipeline firm's complaint that a proposed escheat audit was unconstitutional. When such an audit is challenged before it takes place, precedent suggests that the claim is unripe, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • Time To Lift The Ban On Foreign Control Of US Reactors

    John Matthews

    An outdated legal restriction prohibits foreign ownership or control of U.S. commercial nuclear reactor licenses. Foreign companies nonetheless invest in U.S. reactors, but must partner with U.S. firms, which distorts the marketplace. Properly vetted foreign companies owning U.S. reactor licenses would promote the country's economic interests without endangering security, says John Matthews of Morgan Lewis & Bockius LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    What I Learned In My 1st Year: Lessons From Willy Wonka

    Thomas Ciarlone Jr.

    As a new associate faced with vexing facts and unfavorable case law, I confidently told a senior partner that there was no way to win. The partner's response taught me something vital about the legal profession, and reflected the wisdom of Willy Wonka's "105 percent" formula, says Thomas Ciarlone Jr. of Kane Russell Coleman Logan PC.

  • 'Nonbinding' Still Means 'Nonbinding' In Texas

    Roxanne Almaraz

    Last month, a Texas court reversed a $535 million jury verdict against Enterprise Products Partners LP, leaving Energy Transfer Partners LP empty-handed, and holding that no binding partnership had been inadvertently formed between the companies. Contract lawyers and many would-be midstream joint venturers are breathing a collective sigh of relief, say Roxanne Almaraz and Alyssa Ladd of King & Spalding LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A Closer Look At EPA's Approach To CPP Rollback

    Paul Tanaka

    While the U.S. Environmental Protection Agency has taken steps toward withdrawing the Clean Power Plan, the question remains whether and how the EPA will regulate carbon dioxide emissions from power plants in its place. Attorneys with Kirkland & Ellis LLP discuss various options and their potential impact.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.