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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.