• January 12, 2018

    Solar Co. Denied Pa. Records In FirstEnergy Payment Dispute

    A Pennsylvania appeals court Friday overturned a determination by the state’s Office of Open Records granting Sunrise Energy LLC access to correspondence between the state’s Public Utilities Commission and FirstEnergy Corp. connected to litigation over an electricity deal between the companies.

  • January 12, 2018

    FERC Tells 2nd Circ. NY Permit Override Was By The Book

    The Federal Energy Regulatory Commission told the Second Circuit on Thursday that its conclusion that New York state waived its permitting authority for a Millennium Pipeline Co. LLC project was based on a plain reading of the Clean Water Act that is backed by decades of agency implementation and congressional intent.

  • January 12, 2018

    Holland & Knight Hires 5 From Jones Day In Mexico City

    Holland & Knight LLP has hired five Jones Day veterans for its Mexico City office in a move that bolsters its roster of attorneys experienced in a wide variety of commercial sectors, the firm announced recently.

  • January 12, 2018

    Fracking Case Now Moot, Ute Indian Tribe Tells 10th Circ.

    The Ute Indian Tribe on Thursday told the Tenth Circuit that an appeal of a lower court order striking down the U.S. Bureau of Land Management's strengthening of regulations for fracking on federal and Native American lands should be tossed, saying the case is moot because the rule at issue has been axed.

  • January 12, 2018

    Taxation With Representation: Davis, Skadden, Simpson

    In this week’s Taxation With Representation, SS&C Technologies Holdings Inc. bought DST Systems Inc. for $5.4 billion, the Blackstone Group LP purchased Pure Industrial Real Estate Trust for $3.05 billion and a Riverstone-Goldman Sachs joint venture snapped up Lucid Energy Group II for $1.6 billion.

  • January 11, 2018

    Breitburn Execs Defend Asset Valuations Tied To Ch. 11 Plan

    Breitburn Energy Partners LP initiated efforts Thursday to confirm a Chapter 11 plan that shareholders say undervalues its assets by more than $2 billion, as company executives testified that the proposed scheme, which hands the enterprise over to groups of note holders, is the best deal available.

  • January 11, 2018

    Oil Co. Escapes Securities Suit Claiming Knowledge Of Fraud

    A New York federal judge on Thursday dismissed a class action securities fraud suit against an energy firm whose CEO was fired after his involvement in a stock scam with another company was revealed, saying the shareholders hadn’t proven company officials knew of the scam when they released statements touting the CEO and their code of business conduct prior to his firing.

  • January 11, 2018

    Pipeline Entrepreneur Convicted Of Securities Fraud

    A Kentucky federal jury convicted the former CEO of U.S. Energy Partners Inc. on charges related to the solicitation of more than $1 million dollars of investment money for the purchase of a gas pipeline.

  • January 11, 2018

    Oakland’s Coal Shipping Ban To Be Tried Next Week

    The question of whether the city of Oakland, California, was allowed to pass an ordinance restricting the passage of export-bound coal through a terminal that is under development will proceed to trial next week, a California federal judge ruled Wednesday.

  • January 11, 2018

    Enviros Sue To Block La. Oil Pipeline Construction

    The Sierra Club, Waterkeeper Alliance and other environmental groups filed suit in Louisiana federal court Thursday opposing a recent decision allowing the company behind the controversial Dakota Access Pipeline to move forward with a connecting pipeline that the challengers say would threaten the country’s largest river swamp.

  • January 11, 2018

    Hercules Ordered To Defend Axon In Well Blowout Suit

    A Texas federal judge ruled Thursday that drilling contractor Hercules Offshore Inc. had assumed the duty of defending a drilling parts maker against claims it caused an offshore drilling fire when Hercules took over a bankrupt business.

  • January 11, 2018

    Pa. Reaches Deal To Cut Pollution From 10 Coal Plants

    The Pennsylvania Department of Environmental Protection has agreed to update water permits in order to reduce pollution from 10 coal-fired power plants, in response to a lawsuit filed by the Sierra Club and an another environmental group, the groups announced on Thursday.

  • January 11, 2018

    Crystallex Seeks 3rd Circ. Redo In $1.4B Venezuela Mine Row

    Canadian mining company Crystallex said Wednesday it will ask the Third Circuit to reconsider a ruling that it cannot sue the Delaware subsidiary of Venezuela's national oil company to collect a $1.39 billion arbitral award over a canceled mining contract, saying lower courts are split on whether the subsidiary was wrongly targeted.

  • January 11, 2018

    FERC Won't Override NY's $683M Pipeline Permit Denial

    The Federal Energy Regulatory Commission on Thursday refused to overrule New York’s denial of a Clean Water Act permit for a $683 million natural gas pipeline, rejecting Constitution Pipeline Co. LLC’s argument that the state waived its authority by blowing through a one-year statutory deadline to act on the permit request.

  • January 11, 2018

    Canadian Investor Loans $250M To Colombian Power Co.

    Institutional investor La Caisse de dépôt et placement du Québec announced Thursday that it will loan CA$313 million ($250 million) to a Colombia-based energy company to fund the largest renewable energy project in the country.

  • January 11, 2018

    Pa. Panel Bars Residents From Gas Facility Zoning Fight

    A Pennsylvania appeals court on Thursday upheld a decision preventing a group of residents of Cecil Township from intervening in a fight over zoning approvals for a natural gas compressor station proposed by a MarkWest Energy Partners LP unit.

  • January 11, 2018

    Feds Seek Quick Win In Dakota Access Pipeline Permit Fight

    The federal government told a D.C. district court Wednesday that the Yankton Sioux Tribe’s bid to pull the permits for the $3.8 billion Dakota Access pipeline because there was no overarching environmental review document was improper, asserting that each of its departments had correctly handled its distinct responsibilities.

  • January 11, 2018

    Lawmakers Unveil US Infrastructure Investment Blueprint

    A bipartisan group of lawmakers on Wednesday laid out principles for investing in U.S. infrastructure and streamlining environmental reviews for projects in a report it hopes will serve as the “bedrock” for an eventual infrastructure plan to tackle surface transportation, ports, aviation, energy and broadband upgrades.

  • January 11, 2018

    BP Pays $102M To Settle Calif. Gas Overcharge Suit

    BP PLC has agreed to pay California and a whistleblower $102 million to settle a suit alleging it intentionally overcharged the Golden State for natural gas in violation of contractual caps, just as the case was set to go to trial in state court, according to lawyers for the whistleblower.

  • January 11, 2018

    Dilworth Paxson Lands Pa. Atty To Build Utilities Practice

    Dilworth Paxson LLP started the new year with the addition of a veteran Pennsylvania attorney who previously led the consumer protection unit at the state attorney general’s office and will develop an energy and public utilities practice at the law firm.

Expert Analysis

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • FERC Enforcement Report Shows Good Compliance Is Key

    J. Daniel Skees

    Based on the Federal Energy Regulatory Commission's 2017 Report on Enforcement, entities engaged in FERC-jurisdictional markets next year would do well to either refresh stale compliance programs or implement new ones before engaging in activity the commission monitors and investigates, say attorneys with Morgan Lewis & Bockius LLP.

  • A Look Back At 2017's Enviro And Energy Law Developments

    Stacey Mitchell

    2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • EPA Maintains Renewable Fuel Standard Status Quo, For Now

    Joel Beauvais

    The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.