• November 9, 2017

    How The Trump Administration Is Putting Its Stamp On TSCA

    The Trump administration has pleased industry players and frustrated environmental groups with its approach to implementing amendments to the Toxic Substances Control Act, weighing in on key issues ranging from how the government handles applications for new chemicals to enter the marketplace, to how it evaluates the risk posed by substances already in use.

  • November 9, 2017

    2 Ex-SBM Execs Cop To FCPA Charges In Petrobras Scheme

    Two former oil executives of the Dutch oil company SBM Offshore NV have pled guilty in Texas federal court to a conspiracy to violate the Foreign Corrupt Practices Act for their roles in a scheme to bribe government officials in Brazil, Angola and Equatorial Guinea, the U.S. Department of Justice announced Thursday.

  • November 9, 2017

    La Paloma Ch. 11 Buyer Ruled Not Liable For Enviro Costs

    A Delaware bankruptcy judge said Thursday that La Paloma Generating Co. LLC’s buyer, senior creditor LNV Corp., does not have successor liability for what was estimated at $63 million in environmental costs under California’s “cap-and-trade” program, ruling that the regulation itself doesn’t permit it.

  • November 9, 2017

    Sens. Ask GAO To Eye EPA's 'Double Standard' On Advisers

    Ten senators decried the "double-standard" of a new Environmental Protection Agency directive that bars EPA grant recipients from advisory committees to reduce conflicts of interest — yet lets industry-funded scientists replace them — in a letter to the Government Accountability Office on Thursday.

  • November 9, 2017

    Tribe, Not Officials, Immune To Extortion Suit: Utah Justices

    The Utah Supreme Court has ruled that the Ute Indian Tribe kept its sovereignty immunity to a suit claiming tribal officials tried to extort money from two businesses working with oil and gas companies near its reservation, but said the officials would have to face claims against them in tribal court.

  • November 9, 2017

    EPA Floats Repeal Of Heavy-Duty Truck Emissions Standards

    The U.S. Environmental Protection Agency on Thursday proposed to repeal Obama-era greenhouse gas emissions standards for heavy-duty trucks outfitted with engines from older trucks, claiming that the agency doesn't have the Clean Air Act authority to regulate them.

  • November 9, 2017

    Gas Co., Bank Slam Ryckman Creek Ch. 11 Plan As Inadequate

    The largest customer and a key lender to bankrupt Ryckman Creek Resources LLC’s Wyoming natural gas storage complex on Thursday branded the company’s latest Delaware Chapter 11 disclosure “inadequate," saying the documents lack key operating, performance and financial assurances.

  • November 9, 2017

    Commerce Inks Final Duties To Offset Biodiesel Subsidies

    The U.S. Department of Commerce set the stage for new tariffs ranging upward of 72 percent on imports of biodiesel from Argentina and Indonesia on Thursday after determining that producers in those countries have benefited from unfair government subsidies.

  • November 9, 2017

    Senate To Consider Bill Opening Alaska Oil Drilling

    The head of a key Senate committee on Wednesday unveiled a bill that would open up oil exploration in Alaska’s Arctic National Wildlife Refuge as part of the broader tax reform effort.

  • November 9, 2017

    Simpson Thacher Steers BlackRock's $600M Oil Pipeline Buy

    Simpson Thacher & Bartlett LLP represented a BlackRock Inc. fund on its $600 million purchase of the Glass Mountain Pipeline, according to separate announcements from a pair of sellers on Thursday.

  • November 9, 2017

    PE Firm Closes $320M Energy Investment Fund

    Ridgemont Equity Partners, a North Carolina-based middle-market buyout and growth equity investor, has closed a $320 million fund that will contribute to the firm’s energy sector investments, Ridgemont said Thursday.

  • November 9, 2017

    Exxon, Shell Want Nigerian Oil Co. Docs In $1.8B Award Row

    Subsidiaries of Exxon Mobil Corp. and Royal Dutch Shell PLC asked a New York federal judge on Wednesday to compel a Nigerian state-owned oil company to produce documents they say will show that the oil company is an alter ego of the government, arguing that the information is important to confirming a $1.8 billion arbitral award over a production sharing contract.

  • November 9, 2017

    Alaska, W.Va. Ink Energy Development Deals With China

    A trio of Chinese energy and finance companies on Thursday breathed life into a $45 billion liquefied natural gas project in Alaska that several major oil companies had soured on while a Chinese energy firm agreed in principle to invest nearly $84 billion in West Virginia gas and chemical manufacturing projects.

  • November 9, 2017

    Guatemala Says $29M Award Over Electricity Tariffs Is Void

    Guatemala asked a D.C. federal court on Wednesday to nix a bid to enforce a $29 million International Centre for Settlement of Investment Disputes award issued to a U.S. company over electricity tariffs, arguing the company is trying to enforce annulled claims. 

  • November 9, 2017

    Enviro's La. Plant Suit Barred By State Deal, Exxon Says

    A Louisiana state agency is actively enforcing a Clean Air Act settlement with Exxon Mobil Corp. over illegal discharges at a chemical plant, so an environmental group can’t bring a civil suit with the same allegations, the company told a Louisiana federal judge on Wednesday.

  • November 9, 2017

    SunEdison Judge Says Creditor Seems Bitter Over Equity Deal

    Two linked investors alleging SunEdison Inc. favored certain creditors when putting together a Chapter 11 exit financing agreement received a blunt rebuke Thursday when a New York bankruptcy judge said their complaints sounded like bitterness over their own offer's rejection, not like legal impropriety.

  • November 9, 2017

    Senate Confirms Hunton's Wehrum To Lead EPA's Air Office

    The U.S. Senate on Thursday narrowly confirmed Hunton & Williams LLP administrative law practice head Bill Wehrum to head the U.S. Environmental Protection Agency's air and radiation office in a party-line vote, filling arguably the agency's most influential post behind that of Administrator Scott Pruitt.

  • November 8, 2017

    UK’s Top Court Gives ‘Clear’ Sign It Backs Award Enforcement

    In resolving a technical point about where debt is “situated” under certain payment arrangements, the U.K. Supreme Court has clarified when English courts can order asset seizures in these instances and has sent a “clear message” about the importance it places on enforcing international judgments, experts say.

  • November 8, 2017

    SunEdison Judge Limits Reach Of 3rd-Party Releases

    The judge presiding over SunEdison Inc.'s Chapter 11 bankruptcy case ruled Wednesday that creditors who did not vote on the renewable giant's restructuring plan cannot be bound to included third-party litigation releases, saying their silence does not amount to consent.

  • November 8, 2017

    Bankrupt GulfMark Can Make $5M Payment To Directors

    A Delaware bankruptcy judge allowed GulfMark Offshore Inc.’s outgoing directors to be paid $5 million in deferred compensation Wednesday, rejecting a bid from noteholders slated to take over the company to block the money because they say it violates the confirmed Chapter 11 plan.

Expert Analysis

  • Human Rights Compliance: Best Practices For Energy Cos.

    Viren Mascarenhas

    International human rights laws and norms are increasingly helping to shape how energy companies conduct business all over the world. Businesses in the energy sector need to undertake systematic human rights due diligence, starting from the senior leadership and working through all levels of the supply chain, say Viren Mascarenhas and Kayla Green of King & Spalding LLP.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • How Will High Court Rule On IPR? Clues In A Thomas Dissent

    Kayvan Noroozi

    The U.S. Supreme Court is highly likely to find inter partes reviews constitutional in Oil States. The strongest indication lies in Justice Clarence Thomas’ 2015 dissent in B&B Hardware — a case that has received no substantive discussion in the hundreds of pages of briefing filed thus far, says Kayvan Noroozi, principal at Noroozi PC and CEO of Koios Pharmaceuticals LLC.

  • Enviro Rights: What's The Public Trust Role In Pa.?

    Philip Hinerman

    The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.

  • The Rise Of Employee Religious Discrimination Claims

    Barbara Hoey

    Many employers are seeing an increase in requests for religious accommodations. Several recent court decisions and statistics from the U.S. Equal Employment Opportunity Commission provide insight into the rise in claims related to these requests, and the importance of employers understanding their obligations to accommodate, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • The Legal Theory Behind The Clean Power Plan's Repeal

    Jane Montgomery

    News media reports about the U.S. Environmental Protection Agency's move to repeal the Obama-era Clean Power Plan have focused on President Donald Trump’s attacks on his predecessor's environmental legacy. However, repeal proponents can make a strong argument that the CPP was always on shaky legal ground, say Jane Montgomery and Amy Antoniolli of Schiff Hardin LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Why The Supreme Court Could Rule ALJs Unconstitutional

    David Perlman

    Following recent federal appeals court decisions, the U.S. Supreme Court is likely to address the U.S. Securities and Exchange Commission's use of administrative law judges, but the Federal Energy Regulatory Commission's use of them may require further litigation, say David Perlman and Britt Steckman of Bracewell LLP.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Deciding The Forum For 'Waters Of The US' Suits

    Joel Beauvais

    Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.