• May 18, 2017

    Enviros Sue State Dept. For Keystone XL Route Info

    The Center for Biological Diversity on Thursday sued the U.S. Department of State in D.C. federal court, claiming the agency is illegally withholding information on the route of the Keystone XL pipeline and information about private contractors hired to work on environmental reviews for the controversial project.

  • May 18, 2017

    Bill Aims To Entice Private Investment In Infrastructure

    A bipartisan group of senators unveiled federal legislation Wednesday to jump-start debate on boosting infrastructure investment, proposing a bill that establishes a new financing authority to help state and local governments leverage private funds for their transportation, water and energy infrastructure projects.

  • May 18, 2017

    Maxus Ch. 11 Plan Releases Excessive, US Trustee Says

    The U.S. trustee on Wednesday filed an objection to Maxus Energy Corp.'s Chapter 11 liquidation plan, saying it would give too much legal immunity to the liquidating trustee.

  • May 18, 2017

    Sabine Backs DOE In Max La. Gas Exports Appeal

    Sabine Pass Liquefaction LLC on Wednesday got behind the Department of Energy’s decision allowing Cheniere Energy Inc.'s Sabine Pass liquefied natural gas project to export the maximum amount of LNG it can produce, telling the D.C. Circuit that the agency reasonably concluded the project wouldn't significantly impact the environment despite what environmentalists say.

  • May 18, 2017

    Pa. Appeals Court Says Municipality Can't Block EQT Well

    A Pennsylvania appeals court favored EQT Production in a Thursday ruling over a proposed natural gas well in Allegheny County, saying that a trial court appropriately reversed a municipality's decision to deny approval for the project.

  • May 18, 2017

    Sen. Carper Asks Again For CPP Info From EPA's Pruitt

    The top Democrat on the U.S. Senate Committee on Environment and Public Works on Wednesday again requested information from Environmental Protection Agency Administrator Scott Pruitt regarding the Clean Power Plan after receiving what he deemed was an inadequate response.

  • May 18, 2017

    Nuke Plant Subsidy Plan Is Legally Sound, Ill. Says

    The state of Illinois told a federal judge Wednesday its plan to subsidize struggling nuclear power plants is well within the state's authority under the Federal Power Act, saying the plan's challengers wrongly envision an electricity regulatory landscape devoid of any considerations that aren't economic.

  • May 18, 2017

    Cooperative Says Tribal Court Can’t Hear Electric Bill Suit

    A Montana electric cooperative on Wednesday sued members of the Crow Tribe court system and a tribe member to whom it had disconnected electrical services seeking protection from a lawsuit filed by the member in Crow Tribal Court, arguing the tribal court lacks jurisdiction.

  • May 18, 2017

    Noble Eyes Marcellus Exit With $765M Midstream JV Sale

    Noble Energy Inc. on Thursday said that it would sell its stake in a Marcellus Shale midstream joint venture to private equity firm Quantum Energy Partners for $765 million, as the company looks to complete its exit from the Appalachian region and focus on operations in Texas and Colorado.

  • May 17, 2017

    Gas Trusts Take Landfill Gas Tax Credit Case To DC Circ.

    A pair of gas trusts appealed to the D.C. Circuit to overturn a Tax Court ruling that they are not entitled to tax credits for landfill gas sales, arguing in a brief filed Tuesday that the court had applied the wrong standard in determining they had not substantiated their claimed activities.

  • May 17, 2017

    4 Things To Know About Suniva's Solar Cell Tariff Bid

    Higher project development costs and power prices are among the biggest concerns for U.S. solar industry stakeholders as bankrupt panel maker Suniva urges President Donald Trump to slap tariffs on all foreign-made solar cells. Here are four things to know about Suniva's case before the U.S. International Trade Commission and the impacts on the solar industry as a whole if the company successfully convinces Trump to impose tariffs.

  • May 17, 2017

    Cuomo Announces Efforts To Cut State Methane Emissions

    New York Democratic Gov. Andrew Cuomo on Wednesday announced new efforts to reduce methane emissions, saying that additional monitoring and new policy development will help stem significant greenhouse gas emissions and push the state toward its climate change goals.

  • May 17, 2017

    Ex-Frontier Exec, Policy Pro Returns To Wilkinson Barker

    A former Federal Communications Commission commissioner who was most recently an executive at Frontier Communications Corp. has returned to Wilkinson Barker Knauer LLP as special counsel in the firm’s Washington, D.C., office, where she will advocate on behalf of media, communications, energy and tech clients before regulators.

  • May 17, 2017

    Regulatory Reform Package Clears Senate Committee

    The Senate Homeland Security Committee on Wednesday sent five regulatory reform bills to the full body for a vote, all of which are designed to make it harder for executive agencies to promulgate rules.

  • May 17, 2017

    Republican Govs. Urge Trump Admin. To Stay In Paris Accord

    Two Republican governors, from Vermont and Massachusetts, urged the U.S. Department of Energy on Wednesday to reconfirm the United States’ commitment to the Paris Agreement, saying their states have made progress in cutting carbon pollution but that they need national support to meet international commitments and maintain “global economic leadership.”

  • May 17, 2017

    1st Circ. Says Puerto Rican Law Trumps Local Coal Ash Rules

    The First Circuit on Tuesday said that two Puerto Rico municipalities can’t ban how a coal-fired power plant owner disposes of its coal ash at three landfills within their borders since a Puerto Rican agency has already approved such activities, saying commonwealth law trumps local rules.

  • May 17, 2017

    Energy Cos. Denied Quick Wins In $89M IP Licensing Dispute

    A Florida judge shot down two energy companies’ dueling petitions for quick wins Wednesday in an $89 million licensing suit concerning an energy catalyzer patent, deferring to a jury to evaluate the remaining factual inconsistencies in their competing accounts.

  • May 17, 2017

    After Spill, Enviros Ask FERC To Halt Rover Pipeline Work

    Environmental activists sent a letter to the Federal Energy Regulatory Commission on Wednesday asking it to halt construction on Energy Transfer Partners LP’s $4.2 billion Rover Pipeline, arguing that a construction accident in Ohio showed the company was unsafe.

  • May 17, 2017

    Bipartisan Bill Again Calls For Transparency In Settlements

    Democratic U.S. Sen. Elizabeth Warren and Republican U.S. Sen. James Lankford on Tuesday reintroduced legislation requiring greater transparency of settlements companies and individuals enter into with federal agencies, including a disclosure of tax deductible amounts or other credits that affect the actual dollar figure.

  • May 17, 2017

    Conn. Sues EPA Over Alleged Pa. Coal Plant Pollution

    The state of Connecticut on Tuesday filed a lawsuit against the U.S. Environmental Protection Agency, alleging that it didn’t timely act on the state’s petition asking the agency to stop pollution from a Pennsylvania coal-fired power plant from blowing in the state’s direction.

Expert Analysis

  • Solving The Energy Problems On Federal And Indian Lands

    Paul Moorehead

    Congress and President Trump now have an opportunity to address energy-related management problems affecting Native Americans while respecting tribal decisions, strengthening sovereignty and improving the well-being of Native Americans nationwide, says Paul Moorehead of Powers Pyles Sutter and Verville PC.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Attack On Credits For Nuclear Plants Could Hit Renewables

    Gordon Coffee

    New York and Illinois have approved programs providing nuclear power plants with monetary credits for generating electricity without emitting carbon dioxide. Opponents have sued in federal court to nullify the programs. Although the lawsuits are narrowly targeted, an unfortunate consequence could be rulings that also annul renewable portfolio standards and renewable energy credits, says Gordon Coffee of Winston & Strawn LLP.

  • Has The Law Of Manipulation Lost Its Moorings?

    Dan Waldman

    In recent years, the U.S. Commodity Futures Trading Commission's power to influence policy and punish violators, even when there is no wrongful intent, has grown significantly. Nowhere have these trends been more evident than in the developing law of manipulation, says Dan Waldman, former general counsel of the CFTC now with Arnold & Porter Kaye Scholer LLP.

  • Can Citizen Groups Compel Ash Pond Closure By Removal?

    Steven A. Burns

    While Sierra Club v. Virginia Electric and Power may be only one of several cases dealing with Clean Water Act liability, the court in this matter is on the leading edge of cases considering whether to grant citizen groups’ preferred relief of forcing a utility to close by removal instead of closing and capping in place, says Steven Burns of Balch & Bingham LLP.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • A Closer Look At Delaware High Court's Enbridge Ruling

    Gail Weinstein

    The Delaware Supreme Court, in its recent opinion in Brinckerhoff v. Enbridge Energy, reaffirmed the well-established general approach of the Delaware courts to master limited partnership cases, including that “safe harbors,” if followed, will immunize conflicted transactions from judicial review, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • Commercial Solar Power Purchase Agreements: 6 Key Points

    Heather Cooper

    Commercial-scale solar power has consistently lagged behind utility-scale and residential solar, due to a lack of standardization and high transaction costs. Unlike the residential solar market, commercial-scale projects generally do not use standardized power purchase agreements or other project documents. Attorneys from McDermott Will & Emery LLP suggest six standard contract terms that developers should use to streamline power p... (continued)