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Energy

  • December 10, 2018

    Keystone Developer Can't Prep Pipeline Construction

    Developer TransCanada Corp. may not move forward with certain pre-construction activities on the Keystone XL pipeline while the U.S. Department of State conducts its environmental review, a Montana federal judge has held, delivering another setback to the Trump administration’s bid to build the controversial pipeline amid protests by environmental and indigenous groups.

  • December 10, 2018

    Supreme Court Agrees To Reconsider 'Auer' Deference

    The U.S. Supreme Court on Monday agreed to reconsider a key precedent of administrative law that tells judges to defer to an agency's interpretation of its own ambiguous regulation, taking up a challenge to so-called Auer or Seminole Rock deference, which has been criticized by several conservative justices on the court.

  • December 10, 2018

    Goldman Sachs Takes €37M Cartel Fine To Top EU Court

    Goldman Sachs Group Inc. has filed an appeal at the European Court of Justice challenging a €37.3 million ($42.5 million) fine imposed by European antitrust watchdogs over one of its former affiliate's involvement in a power cable cartel.

  • December 7, 2018

    Aegean Marine Announces Tentative Creditor Settlement

    Counsel for Greek marine refueling company Aegean Marine Petroleum Network Inc. told a New York bankruptcy court on Friday that the debtor had reached a tentative global settlement with its unsecured creditors, putting off what was expected to be a contentious hearing on several objections lodged by those creditors.

  • December 7, 2018

    Nexus Can Access Land For Pipeline Work, 6th Circ. Says

    A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.

  • December 7, 2018

    Offshore Driller Seeks Ch. 15 Amid Brazilian Restructuring

    Brazilian offshore oil driller Servicos de Petroleo Constellation Friday asked a New York bankruptcy court to recognize the reorganization proceedings it said it has launched in Brazil to reduce its $1.5 billion in debt in the face of a sustained business downturn.

  • December 7, 2018

    German Power Giant To Allow More Danish Energy After Probe

    The largest high-voltage electricity transmitter in Germany will let in more energy from Denmark suppliers to end a European Commission investigation that it choked the supply of cheap Nordic electricity in favor of German-produced power, regulators said Friday.

  • December 7, 2018

    Miss. High Court Nixes Expert Opinion In $450M Valuation Row

    A Mississippi circuit court was correct in excluding expert testimony sought by a power company attempting to lower the value of its power plant by up to $450 million, the Mississippi Supreme Court has found.

  • December 7, 2018

    Corps, Dakota Access Say Tribes Didn't Obey Order

    The U.S. Army Corps of Engineers and Dakota Access LLC said that several Native American tribes had failed to follow a D.C. federal judge’s order to spell out what claims they plan to continue with in their challenge to the Dakota Access pipeline, as the tribes contended that the record in the case should be fleshed out first.

  • December 7, 2018

    Pipeline Contractor Says EQT Skipped Bill On Spill Cleanup

    A pipeline construction contractor filed a lawsuit in Pennsylvania state court Thursday claiming that EQT Gathering LLC is refusing to pay a nearly $2 million bill for cleaning up another company’s spill on its construction site.

  • December 7, 2018

    Carpatsky Gets Final OK For $147M Award In Oil Deal Dispute

    A Texas federal judge has finalized his judgment confirming U.S.-based Carpatsky Petroleum Corp.’s $147 million arbitration award against Ukrainian company OJSC Ukrnafta over a soured oil and gas development deal, after allowing the latter to drop some of its remaining claims and severing the allegations it still wants to pursue.

  • December 7, 2018

    Vt. Lets Entergy Transfer Nuke Plant To Demolition Firm

    Vermont utility regulators on Thursday approved a plan for Entergy Corp. to transfer a shuttered nuclear plant to a large-scale demolition firm with the goal of speeding up the decommissioning process, despite environmentalists' concerns that the company may not be up to the job.

  • December 7, 2018

    Ohio Mineral Owners Say Oil & Gas Drillers Dug Too Deep

    A group of mineral owners has filed a proposed class action in Ohio federal court that alleges an ExxonMobil unit and other companies drilled in an area they had no permission to access.

  • December 7, 2018

    7th Circ. Tosses Contract Row Over Water-Damaged Sand

    A metal flow engineering company that tried holding a contractor accountable for delivering a damaged order of sand brought its lawsuit to court too late, the Seventh Circuit has held.

  • December 7, 2018

    MVP: Simpson Thacher's David Lieberman

    David Lieberman of Simpson Thacher & Bartlett LLP has been involved in several high-profile energy cases, including representing Vistra Energy Corp. in a $20 billion merger with Dynegy Inc. and helping Global Infrastructure Partners acquire NRG Energy's renewable energy business, landing him among Law360's 2018 Energy MVPs.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Better Together Is The Energy M&A Theme Of 2018

    Consolidation hit the oil and gas sector full-bore this year with multbillion-dollar tie-ups between drillers and tax and regulatory-driven roll-ups of midstream companies, while the appetite for renewable energy assets continued to grow. Here are five M&A trends that stood out to energy attorneys in 2018.

  • December 6, 2018

    EPA's Coal Gift Hints At Broader Climate Policy Challenge

    The U.S. Environmental Protection Agency's Thursday rollback of Obama-era coal plant carbon dioxide emission regulations is intended to help revive the struggling industry and contains a hint that the administration is considering how to challenge or circumvent an earlier finding that CO2 endangers human health, experts said.

  • December 6, 2018

    Ex-Refinery Worker Can't Revive 'False Positive' Test Row

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.

  • December 6, 2018

    $23M Suit Over Energy Asset Sales Not Covered: 8th Circ.

    The Eighth Circuit on Thursday affirmed the dismissal of an oil services company's case against an insurer over underlying $23 million unfair-competition claims, saying a lower court was right that coverage was not available.

Expert Analysis

  • Opinion

    An Opportunity To Slow The Rise Of Securities Class Actions

    Joshua Briones

    A major securities fraud case now before the U.S. Supreme Court — Lorenzo v. U.S. Securities and Exchange Commission — marks the first of many opportunities the court will have to roll back expansive interpretations of securities law and deter plaintiffs from filing low-quality complaints, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Iran Sanctions Reimposed: 5 Key Questions

    Mario Mancuso

    With this week's reimposition of the final tranche of U.S. sanctions against Iran, foreign subsidiaries of U.S. companies must ensure they have concluded all Iran-related business. The addition of more Iranian individuals and entities to the specially designated nationals list means additional compliance risks, say attorneys with Kirkland & Ellis LLP.

  • Energy Cos. Engage With A New Forum For Human Rights

    Viren Mascarenhas

    National contact points are hearing more human rights, labor and environmental complaints related to energy companies, bringing these grievances to public attention and sharing findings with potential litigants, say attorneys with King & Spalding LLP and an adviser at the Danish Institute for Human Rights.

  • Considering Blockchain In The Electricity Industry

    Mark Sundback

    Because blockchain could fundamentally change how electricity is supplied and consumed in the future, traditional utilities should consider ways to leverage this technology, while regulators must update practices that impede the use of blockchain in the industry, say attorneys at Sheppard Mullin Richter & Hamilton LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • 2 Possible High Court Approaches To Tribe Tax Dispute

    Catherine Munson

    Based on last week's oral arguments in Washington v. Cougar Den, it's likely that the outcome will turn on whether the U.S. Supreme Court considers Washington's fuel tax to be on the possession of fuel, or on the Yakama Nation's importation of fuel, say Catherine Munson and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • How Blockchain Can Certify Global Supply Chains

    Rebecca Campbell

    Companies in mining and other industries are seeking to demonstrate the sustainability and ethical integrity of their products and supply chains. Because of its ability to improve transparency and accountability through incorruptible data sharing, blockchain may be ideal for this purpose, say attorneys with White & Case LLP.

  • The Challenge Iran Sanctions Pose For EU Operators

    Michael Casey

    On Nov. 5, the United States will reimpose economic sanctions that target Iran but will also impact many European companies. The interaction between U.S. and EU sanctions regimes will create novel legal issues and compliance challenges for European companies with ties to the U.S., say attorneys at Kirkland & Ellis LLP.