Energy

  • February 8, 2018

    Volkswagen Fines Top EPA's Biggest 2017 Enforcement Cases

    The U.S. Environmental Protection Agency on Thursday released highlights of its 2017 enforcement efforts, pointing to a $2.8 billion criminal fine against Volkswagen AG for cheating emissions standards and a $2 million Clean Water Act penalty against Tyson Poultry Inc.

  • February 8, 2018

    EPA Floats Billing Industry $20M Per Year In TSCA Fees

    The U.S. Environmental Protection Agency on Thursday proposed to update a fee program that would raise $20 million per year from chemical manufacturers and distributors and help the agency fund its obligations under the recently amended Toxic Substances Control Act.

  • February 8, 2018

    Babcock & Wilcox Must Face Investor Suit, NC Judge Rules

    Energy technology and engineering firm Babcock & Wilcox Enterprises Inc. and its top executives must face a proposed class action alleging a slew of problems in the North Carolina-based firm’s renewable energy business were kept hidden from investors, a Charlotte federal judge ruled Thursday.

  • February 8, 2018

    3rd Circ. Won't Rehear Crystallex $1.4B Venezuela Mine Suit

    The Third Circuit recently declined to reconsider its ruling that Canadian mining company Crystallex cannot sue the Delaware subsidiary of Venezuela's national oil company to collect a $1.39 billion arbitral award over a canceled mining contract, denying the miner’s rehearing bid.

  • February 8, 2018

    Logistics Co. Can’t Intervene In $139M Arbitration Action

    A New York federal judge on Wednesday denied a logistics company’s bid to oppose the conversion of a $139 million arbitration award over a breached fuel transfer agreement into an enforceable judgment, saying the company should concentrate its efforts on another federal case seeking to hold it liable for the award.

  • February 8, 2018

    Fired Lobbyist's 'Spiderweb Of Lies' Snarls NY Graft Trial

    Todd Howe, an ex-lobbyist testifying against a former top aide to New York Democratic Gov. Andrew Cuomo and three businessmen accused of bribery, endured a brutal afternoon Thursday as jurors saw so many fresh examples of his misconduct that the pace of trial ground to a near-halt and generated a warning from the judge.

  • February 8, 2018

    NY Appeals Court Nixes €433M Bid To Enforce Albanian Award

    A New York state appeals court on Thursday nixed an Albanian power company's quest for €433 million ($530 million) as it looks to enforce an Albanian court judgment against Italian utility giant Enel over a severed power plant deal, saying the Empire State lacks jurisdiction over the dispute.

  • February 8, 2018

    House Dems Tout Infrastructure Plan Amid Budget Wrangling

    House Democrats on Thursday unveiled a broad proposal to invest $1 trillion into infrastructure, just as Congress negotiates a two-year budget deal that may include $20 billion for water, broadband, energy, capital projects and surface transportation programs. 

  • February 8, 2018

    TerraForm Can't Use SunEdison To Halt $231M Suit

    A New York state judge Tuesday rejected a request by SunEdison yieldco TerraForm Power LLC to put a $231 million investor suit on hold pending SunEdison’s emergence from Chapter 11, saying the green energy giant faces no new liability from the suit.

  • February 8, 2018

    Budget Deal Would Renew Expired Tax ‘Extenders’

    Congress has passed a budget agreement that, along with keeping the government funded, would revive a set of expired targeted tax benefits for businesses and individuals, known as tax extenders.

  • February 8, 2018

    5 Cos. Price IPOs Totaling $959M Despite Market Turbulence

    Four operating businesses and a blank check company priced initial public offerings that began trading Thursday after raising $959 million at various points in their price ranges, completing deals despite renewed market volatility.

  • February 8, 2018

    Ascent Resources Marcellus OK'd For Quick Prepack Ch. 11

    A Delaware bankruptcy judge on Thursday gave Ascent Resources Marcellus Holdings LLC the green light for a prepackaged Chapter 11 case aiming for a six-week confirmation target to rework roughly $1 billion in debt, allowing the oil and gas developer and producer to fund its proceedings with lender cash.

  • February 8, 2018

    ND Asks 10th Circ. To Keep Fracking Rule Rejection In Place

    North Dakota said on Wednesday that new developments support its argument that the Tenth Circuit should keep in place a lower court’s determination that the government did not have the power to apply an Obama-era fracking rule to tribal and federal land.

  • February 8, 2018

    MEG Energy Unloads Midstream Assets In $1.27B Deal

    Canadian oil sands producer MEG Energy Corp. said Thursday that it's agreed to sell its 50 percent stake in a pipeline system serving its operations, plus a storage terminal, to Canadian pension fund-backed Wolf Midstream Inc. in a deal worth CA$1.6 billion ($1.27 billion) in cash and other considerations.

  • February 8, 2018

    NuStar Energy To Simplify Structure In $7.9B Deal

    Texas-based NuStar Energy LP on Thursday unveiled a restructuring effort that would see a subsidiary of the liquids terminal and oil pipeline operations company merge with the owner of its general partner interest to create a $7.9 billion partnership.

  • February 8, 2018

    Hydropower Land Transfer, Transparency Bills Pass House

    The House of Representatives has passed a pair of bills to transfer some land from a federal hydroelectric project to Alaska and to mandate more financial transparency from the Western Area Power Administration.

  • February 8, 2018

    EIG Hits Keppel With $660M RICO Suit Over Brazil Bribery

    Funds managed by EIG Global Energy Partners have launched a $660 million racketeering suit in New York federal court against Keppel Offshore & Marine Ltd. over its role in a Brazilian bribery scheme connected to a failed drill ship venture, for which Keppel recently reached a $422 million criminal settlement with U.S. prosecutors.

  • February 8, 2018

    Corps Unresponsive In Dakota Access Permit Fight: Tribe

    The U.S. Army Corps of Engineers has not been responsive to the Cheyenne River Sioux Tribe’s request for information and efforts to participate in an additional review of the Dakota Access Pipeline ordered by a D.C. federal judge, the tribe said Wednesday.

  • February 8, 2018

    Pa. Slams Sunoco With $12.6M Fine Over Pipeline Project

    Pennsylvania environmental regulators slapped a Sunoco Inc. unit with a $12.6 million fine on Thursday to resolve a string of violations associated with construction of the Mariner East 2 pipeline and to allow the project to move forward with additional compliance measures.

  • February 8, 2018

    Canadian Solar Cos. Wage CIT Battle Against New Tariffs

    A throng of Canadian solar energy companies sued the Trump administration in the U.S. Court of International Trade on Wednesday, alleging that the government improperly placed safeguard tariffs on its exports of solar panel components.

Expert Analysis

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • What Tax Reform Means For The Energy Sector: Part 2

    Amish Shah

    Companies in the energy sector will be affected by many provisions in the new tax law, including changes to base erosion taxation, the corporate alternative minimum tax, net operating losses, contributions in aid of construction, partnership and other pass-through income and Section 199 domestic production activities, say attorneys with Eversheds Sutherland LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • OFAC Enforcement Trends In 2017: Exporters On Notice

    Sean Kane

    One probable reason for the recent shift in focus by the Office of Foreign Assets Control toward export-related transactions is that the agency’s enforcement efforts targeting big banks have worked. With fewer cases to bring against them, OFAC seems to be moving on to new weak spots in enforcement, say Sean Kane and Susie Park of Hughes Hubbard & Reed LLP.

  • What Tax Reform Means For The Energy Sector: Part 1

    Amish Shah

    The new federal tax legislation is far-reaching, and makes significant changes to how the United States taxes the energy sector. The law's treatment of energy tax credits, bonus depreciation, interest deductibility and other features of the tax code make it imperative for energy companies to review their tax strategies immediately, say attorneys with Eversheds Sutherland LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Hidden Insights In FERC's 2017 Enforcement Report

    Paul Pantano Jr.

    The Federal Energy Regulatory Commission’s 2017 report on enforcement offers important insights for market participants on a range of topics, including how sloppy transaction reporting can lead to market manipulation investigations, and how inaccurate advice of counsel can, in some situations, be a defense, say Paul Pantano Jr. and Thomas Millar of Willkie Farr & Gallagher LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Exploring The Future Of China's Belt And Road Initiative

    Bo Zhou

    Improvements in global trade inevitably impact labor, and it’s expected that China's Belt and Road Initiative will undoubtedly impact labor conditions in the U.S. However, from a legal perspective, predicting how the law could evolve as a result of those changes may be more difficult, says Bo Zhou of Fangda Partners.