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Energy

  • October 11, 2018

    Permian Water Disposal A Thorn In Our Side, Oil Execs Say

    Disposing of water used in oil and gas operations in the relatively rural stretches of the Permian Basin is one of the biggest challenges facing energy companies, executives from Shell and Callon Petroleum Co. said at a Houston energy panel on Thursday.

  • October 11, 2018

    Work Instruction Gaps Led To Gas Explosions, NTSB Says

    The September gas explosions that rocked three communities north of Boston, killing one person and injuring 21, were caused by gaps in construction work orders prepared by NiSource Inc.’s subsidiary Columbia Gas, the National Transportation Safety Board said Thursday.

  • October 11, 2018

    Hanover Loses Bid To Block Contractor From Spending $2.3M

    Hanover Insurance Co. lost a bid Wednesday for an order blocking Oryx Oilfield Holdings LLC from spending $2.3 million the insurer says the contractor wrongfully obtained after allegedly lying to a Texas city that the money belonged to the contractor and not in an account for the insurer.

  • October 11, 2018

    Unions' Tax Complaint Says Chevron Uses Dutch Shell Cos.

    Dutch and international labor unions have filed a complaint with the Organization for Economic Cooperation and Development alleging that Chevron Corp. dodges taxes in the Netherlands through shell companies with no real link to the country’s economy.

  • October 11, 2018

    Venezuela Reaches $1.2B Deal With Canadian Mining Co.

    Venezuela has agreed to pay a $1.2 billion arbitral award to Rusoro Mining Ltd. to acquire the company's data, a deal that could lead to a partnership to restart production at two of Rusoro's former gold mining projects in the country, the mining company said Thursday.

  • October 11, 2018

    US, Mining Co. Say No More Tribal Claims In Mine Permit Case

    A mining company and the federal government have told a Wisconsin federal court that the Menominee Indian Tribe of Wisconsin should not be able to add claims to its challenge to the state’s authority to issue permits for a proposed mine.

  • October 11, 2018

    GE Cos. Must Arbitrate $500M LNG Dispute, Court Hears

    Luxembourg-based International Engineering & Construction SA and a Nigerian subsidiary have asked a New York federal court to force a pair of General Electric units to arbitrate a $500 million dispute stemming from several contracts relating to the sale and operations of two liquefied natural gas plants.

  • October 11, 2018

    Senate Gives Nod For Top DOJ Enviro Post After Long Wait

    The Senate approved President Donald Trump's nominee Jeffrey Bossert Clark for assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division on Thursday in a largely party-line vote, concluding a nomination process that started more than a year ago.

  • October 11, 2018

    PJM Boss Critical Of Trump's Coal, Nuke Bailout Efforts

    Rather than order a bailout of coal and nuclear power plants in the name of preserving electricity grid resiliency, the Trump administration should let regulators and regional grid operators tackle the issue first, the head of PJM Interconnection, the U.S.' largest grid operator, told a Senate energy panel Thursday.

  • October 11, 2018

    Commerce Signals Duties In Early Look At Turkish Oil Pipes

    The U.S. Department of Commerce has set early tariffs on steel tubing imports from Turkey after finding that a Turkish producer received unfair government subsidies, according to a filing published Thursday in the Federal Register.

  • October 11, 2018

    Trader Can't Sway 7th Circ. To Revive Suit Over Firing

    A former Jefferies LLC metals trader didn't do enough to maintain a suit alleging his supervisor encouraged him to pursue trades the firm wouldn't approve, which then led to his firing, the Seventh Circuit held Thursday.

  • October 11, 2018

    Lithium Producer Livent Raises $340M After IPO Falls Short

    Lithium producer Livent Corp., represented by Davis Polk & Wardwell LLP, raised $340 million after completing an initial public offering that priced below range and subsequently saw its shares dip in debut trading Thursday amid a broader sell-off on Wall Street.

  • October 11, 2018

    BHP Says Bankrupt Driller Must Repay $9M In Royalties

    Units of global mining and petroleum giant BHP on Wednesday launched a complaint in Texas bankruptcy court against EXCO Resources Inc., saying the bankrupt driller won't turn over at least $9.3 million in oil and gas production royalties and other payments owed to BHP from drilling properties that EXCO operated.

  • October 11, 2018

    AIG Unit Owes $24M For TVA Plant Work, Subcontractor Says

    A boiler and mechanical subcontractor involved in a project sanctioned by the Tennessee Valley Authority launched a lawsuit in Tennessee federal court Wednesday, claiming a general contractor’s failure to pay under the contract puts an AIG unit on the hook for $24 million.

  • October 10, 2018

    Car Fees Alone Can't Pave Road To Full Infrastructure Funds

    As more states turn to fees on hybrid and electric cars to boost infrastructure funds that gasoline taxes woefully strain to fill, the current low market share of such vehicles means they are unlikely to be a cure-all for present-day revenue shortfalls.

  • October 10, 2018

    No Commission On $75M Fla. Land Deal, Appeals Court Says

    A Florida appeals court on Wednesday reversed a $1.5 million jury award for a man who said Florida Power and Light owed him commissions on land it bought after he schmoozed with an FPL exec at a tailgate party, saying there was no evidence the executive was an “agent” who could commit the company to such payouts.

  • October 10, 2018

    Ghana Pays $13.7M Award To British Energy Firm To End Row

    Ghana has paid a nearly $13.7 million arbitral award issued to the Ghanaian subsidiary of British energy firm Balkan Energy following a dispute over a soured power purchase agreement, and has agreed to drop its appeal of a D.C. federal court's confirmation of the award, according to court documents filed Wednesday.

  • October 10, 2018

    Enviros Ask Ga. Court To Uphold EPA, Army Corps Water Rule

    Environmental groups on Wednesday asked a Georgia federal court to uphold the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers’ highly contested Clean Water Rule and dissolve an injunction barring the agencies from implementing the rule.

  • October 10, 2018

    DOI Facing FOIA Suit Over Zinke Travel Records

    A conservation group and a transparency advocate jointly filed suit in D.C. federal court Wednesday against the U.S. Department of the Interior accusing it of repeatedly failing to provide travel documents and other information about Secretary Ryan Zinke requested under the Freedom of Information Act.

  • October 10, 2018

    Enviros Denied Rehearing Of 4th Circ. Coal Ash Decision

    The Fourth Circuit on Wednesday denied a bid by the Sierra Club to rehear a panel decision that said coal ash settling ponds that allegedly seep pollutants into nearby waterways are not subject to claims under the Clean Water Act.

Expert Analysis

  • Fundamental Valuation Principles Prevail In Minn. Tax Court

    Mark Lansing

    In Enbridge Energy v. Commissioner of Revenue, the Minnesota Tax Court recently rejected the state revenue commissioner’s attempt to artificially increase an interstate pipeline’s value to exceed market value. Whether by the misuse of unit valuation or asset valuation, taxing jurisdictions continue to find ways to overstate the value of energy-related property, says Mark Lansing of Dickinson Wright PLLC.

  • Canadian Holding Structure Saves On Tax, For Now

    Greg Johnson

    The Tax Court of Canada, taking a commercially realistic approach, held in Alta Energy Luxembourg v. The Queen that a limited liability company was entitled to treaty benefits on capital gains and that the general anti-avoidance rule did not apply to the disposition of shares of a Canadian resource company. However, it is expected that the multilateral instrument and principal purpose test could curtail the use of these types of structures, say Greg Johnson and Wade Ritchie of Bennett Jones LLP.

  • There's No Such Thing As A Free Token

    Dan Nathan

    Digital tokens issued in exchange for services rather than money can still constitute a sale of securities, according to recent findings by the U.S. Securities and Exchange Commission in Tomahawk Exploration. The case represents a new application of a principle previously applied in at least three 1999 cases involving "free" securities, say Daniel Nathan and Angelo Aratan of Orrick Herrington & Sutcliffe LLP.

  • What The Arkema Indictment Means For Chemical Cos.

    Benjamin Patton

    Last month, a Texas grand jury indicted Arkema Inc., its CEO and a plant manager for allowing a release of air contaminants during Hurricane Harvey. The indictment is legally significant because it represents a criminal prosecution for a safety incident that involved no fatalities or catastrophic environmental harm, say Benjamin Patton and Mary Balaster of Reed Smith LLP.

  • EPA's Clean Energy Proposal: 6 Key Points

    Joel Beauvais

    The U.S. Environmental Protection Agency's proposed Affordable Clean Energy rule, released last month, provides states with significant leeway on regulating electric power generation. This would likely mean substantial variations between states and even individual generating units, say Joel Beauvais and Stacey VanBelleghem of Latham & Watkins LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Cos. Caught Between Iran Sanctions And EU Blocking Statute

    Guy Soussan

    In response to the reimposition of U.S. sanctions against Iran, the European Union has expanded the scope of its blocking statute to prohibit EU and multinational companies from complying with these sanctions. But the blocking statute does not apply if a decision to terminate business with Iran is for reasons unrelated to sanctions, which gives companies some flexibility, say attorneys with Steptoe & Johnson LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.