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  • June 8, 2018

    Del. Justices Affirm Toss Of $700M El Paso Merger Suit

    An eight-year, multicase Delaware Chancery Court battle over the limits of limited partner rights and general partner duties in a series of El Paso Pipeline mergers closed out Friday with Delaware’s Supreme Court upholding the dismissal of a $700 million damages suit targeting Kinder Morgan Inc., affiliates and key partners.

  • June 8, 2018

    Taxation With Representation: Fenwick, Latham, Vinson

    In this week’s Taxation with Representation, Microsoft acquired GitHub for $7.5 billion, Global Infrastructure Partners bought all of Devon Energy Corp.’s interests in EnLink Midstream Partners LP for $3.13 billion, and Taylor Morrison scooped up AV Homes Inc. for $963 million.

  • June 8, 2018

    Texas High Court Won't Stop $200M Dallas Drilling Suit

    The Texas Supreme Court on Friday rejected a bid by the city of Dallas to block a $200 million lawsuit that accuses the city of wrongfully blocking natural gas drilling on city land it had leased to an energy company.

  • June 8, 2018

    Six Congressional Democrats Ask FBI To Investigate Pruitt

    Six congressional Democrats on Friday sent a letter to the Federal Bureau of Investigation asking it to look into whether U.S. Environmental Protection Agency head Scott Pruitt used his position to benefit himself, referencing recent accusations saying he assisted his wife's business ambitions.

  • June 8, 2018

    Pa. Ruling May Set Higher Zoning Hurdle For Drillers

    A recent Pennsylvania Supreme Court ruling rejecting a municipality’s decision to greenlight hydraulic fracturing in a largely residential and agricultural neighborhood may force drillers to work a little harder to clearly show that their projects fall within the range of accepted land uses in different zoning districts.

  • June 8, 2018

    House OKs Energy Department, Military Construction Funds

    The U.S. House of Representatives took its first step Friday toward funding the government next year, passing spending bills for energy and water projects, Congress itself, military construction and the U.S. Department of Veterans Affairs.

  • June 8, 2018

    Real Estate Rumors: NYC Holiday Inn, NES, Florida Power

    A Holiday Inn in Long Island City, Queens, could fetch as much as $40.8 million in a sale, NES Financial has reportedly bought a Miami warehouse for $5.25 million, and Florida Power & Light is said to have paid $19.3 million for 1,287 acres of land in Palm Beach County.

  • June 8, 2018

    6 Firms To Steer 7 IPOs Exceeding $1.4B As June Gets Hot

    Six law firms plan to guide seven initial public offerings slated to raise more than $1.4 billion during the week of June 11, kicking the IPO season into high gear with businesses spanning the technology, life sciences, energy, transportation and education industries plus a fintech-focused blank check company.

  • June 8, 2018

    JV Settles FCA Suit Over Nuclear Waste Site Cleanup Contract

    A joint venture of several engineering giants reached a settlement Thursday to end a long-running False Claims Act suit accusing it of using shell companies to fulfill small-business subcontracting requirements for a multibillion-dollar nuclear waste cleanup project at the Hanford Site in Washington state.

  • June 8, 2018

    DC Circ. Backs FERC Redo In Grid Interconnection Cost Fight

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's court-ordered revamp of its order for a New Jersey power developer to pay charges to hook up with regional grid operator PJM Interconnection LLC, saying FERC properly relied on PJM's tariff conditions at the time the interconnection agreement was finalized.

  • June 8, 2018

    Feds Can't Shut Down SC Nuclear Facility Before Hearing

     A federal judge in South Carolina has blocked the U.S. government from closing a nuclear fuel processing facility near the Savannah River and said that the state appears likely to prevail in its efforts to keep the plant open this year, given congressional support for the costly, delayed project. 

  • June 8, 2018

    DC Circ. Upholds EPA Rule Limiting Federal Court Decisions

    The D.C. Circuit on Friday rejected a coalition of industry groups' challenge to a U.S. Environmental Protection Agency rule that allows the agency to deviate from its national policy and implement Clean Air Act regulations differently in one part of the country if a federal court there disagrees with the EPA's approach.

  • June 7, 2018

    DC Judge Won't Uphold Int'l Award Over Indian Gas Rights

    A D.C. federal judge refused Thursday to confirm an arbitration award that would force India to let a Hardy Oil and Gas affiliate return to work in the country’s natural gas reserves, finding that U.S. policy respects the rights of other nations to manage resources within their own territories.

  • June 7, 2018

    Energy Group Wants Enviros' Effluent Rule Delay Suit Tossed

    An energy industry group urged an Arizona federal court on Wednesday to toss a lawsuit in which the Center for Biological Diversity challenged the U.S. Environmental Protection Agency’s delay in implementing the first federal limits on toxic metals like mercury, lead and selenium in wastewater that could be discharged from coal-fired power plants.

  • June 7, 2018

    Free Market Groups Denied Access To Schneiderman's Emails

    A New York appeals court on Thursday upheld a lower court ruling rejecting a bid by free market groups to access emails they claim would show former Attorney General Eric Schneiderman coordinating with climate change activists, as well as give the groups access to Schneiderman’s personal email and text message accounts.

  • June 7, 2018

    Hopi, Navajo Lose Bid To Stop Ariz. Power Purchase

    An Arizona water agency on Thursday voted to purchase a portion of its future electricity needs from other sources despite a request by the Hopi Tribe and the Navajo Nation that it wait 90 days while efforts are made to prolong the life of the Navajo Generating Station coal plant.

  • June 7, 2018

    EPA Considering New Rules For Cost-Benefit Analyses

    The U.S. Environmental Protection Agency on Thursday announced it’s considering new regulations that would control how it analyzes and weighs the costs and benefits of regulatory actions that affect businesses and the public, an important issue that can dramatically impact the final look of federal rules.

  • June 7, 2018

    Fed. Circ. Provides Post-SAS Guidance In PGS Patent Row

    The Federal Circuit upheld Patent Trial and Appeal Board decisions that invalidated part of a PGS Geophysical AS patent covering systems for marine seismic surveying, in a ruling Thursday that provides insight into how the circuit views certain issues in the wake of the U.S. Supreme Court’s SAS Institute decision.

  • June 7, 2018

    Schlumberger Beats Whistleblower's Wrongful Firing Suit

    A Texas appellate court on Thursday upheld the dismissal of a wrongful termination claim from a former Schlumberger Technology Corp. worker who alleged he was fired after warning a vessel could not be operated safely with certain offshore seismic surveying equipment.

  • June 7, 2018

    Contractor Awarded $45M Over LA Power Plant Project Delays

    A California federal jury has awarded $45 million to a Kiewit Corp. unit in a dispute with the Los Angeles Department of Water and Power over costs for a $440 million power plant modernization project incurred due to delays the construction firm claims were caused by the municipal utility.

Expert Analysis

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Tax Law Challenges For The Regulated Power Sector

    Raoul Nowitz

    The new corporate tax rate has thrilled companies in almost every sector due to a lower tax rate naturally benefiting companies with increased earnings and cash flow, leading to an increase in investor confidence and higher stock prices. The challenge for utility companies, though, is that these same benefits may not directly translate to their business, say Raoul Nowitz and George Koutsonicolis of Solic Capital Advisors LLC.

  • Is A FERC Pipeline Policy Reset Coming?

    Cynthia Taub

    The Federal Energy Regulatory Commission recently initiated a review of its 1999 certificate policy statement, which many landowners, environmentalists and others have argued excessively favors approval of natural gas infrastructure. However, a review does not necessarily signal a preference by the commission to change its existing policy, say attorneys with Steptoe & Johnson LLP.

  • Time To Express Interest In Federal Water Infrastructure Loans

    Alison Torbitt

    The U.S. Environmental Protection Agency recently issued its notice of funding availability for 2018 projects under the Water Infrastructure Finance and Innovation Act. Attorneys with Nixon Peabody LLP discuss the types of projects most likely to get funded and steps to increase the likelihood of selection.

  • Oil States Won't End Constitutional Challenges To IPR

    Brian Murphy

    The U.S. Supreme Court's decision this week in Oil States v. Greene’s settles only the Article III constitutional challenge to inter partes reviews, and one particular paragraph in the majority opinion reads like an invitation for future petitions, say attorneys with Haug Partners LLP.

  • Momentum Builds For US Offshore Wind Energy

    Raya Treiser

    The first quarter of 2018 has left little doubt that the momentum for U.S. offshore wind projects is increasing. The combination of federal and state policy support, and the Trump administration's commitment to streamlined federal permitting, presents an important opportunity for offshore wind developers, say members of WilmerHale.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • What’s Next For GHG And Fuel Economy Regulation?

    Jackie Glassman

    While the U.S. Environmental Protection Agency's recent announcement that it will reconsider Obama-era automobile greenhouse gas emissions standards is generating controversy, it was not unexpected, say Jackie Glassman and Rachel Tennis of King & Spalding LLP.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.