• April 12, 2018

    4th Circ. Revives Kinder Morgan Gas Spill Groundwater Suit

    The Fourth Circuit on Thursday revived environmentalists’ lawsuit over a Kinder Morgan Energy Partners LP subsidiary’s gasoline pipeline spill in South Carolina, finding that the Clean Water Act covers their claims that the spill contaminated nearby creeks and wetlands after traveling through groundwater.

  • April 11, 2018

    Energy Entrepreneur Gets 4 Years For $1.2M Pipeline Scheme

    The owner of an energy company must serve more than four years in prison after a jury convicted him of securities fraud and other crimes related to a scheme that defrauded nearly $1.2 million from 11 investors, a Kentucky federal judge ruled Wednesday.

  • April 11, 2018

    DOI Watchdog Questions Legality Of Exec Reassignments

    The U.S. Department of Interior’s top watchdog said Wednesday it’s unclear whether the agency legally reassigned dozens of senior executives, fueling criticism from Senate Democrats that the reassigned officials were politically targeted for their work on climate change, energy and conservation.

  • April 11, 2018

    Amazon, Other Cos. Avoid Tax On $24.5B Profits, Study Says

    A tax watchdog group on Wednesday said Amazon, Duke Energy and Kinder Morgan are among 15 companies that legally avoided paying federal income tax on about $24.5 billion in profits in 2017, part of what the group said is the widespread nature of corporate tax avoidance schemes that predated December’s federal tax overhaul.

  • April 11, 2018

    Ukrainian Co. Sees $50M Award Revived By French Court

    France's highest court has reinstated a $50 million arbitral award issued to a Ukrainian energy company in a dispute with the Republic of Moldova stemming from an energy supply agreement, which had previously been set aside on jurisdictional grounds.

  • April 11, 2018

    Earthjustice Reports Court Access Hampered Under Trump

    Through administrative policies and legislation, the Trump administration and Congress are taking steps to limit or eliminate access to the courts, Earthjustice asserted in a report it released on Wednesday.

  • April 11, 2018

    Gas Groups Urge Trump To Limit State Pipeline Powers

    The Natural Gas Council called on President Donald Trump on Tuesday to tell federal authorities to push back against states that are allegedly abusing their authority under the Clean Water Act and denying permits for gas pipelines given the go-ahead by federal agencies.

  • April 11, 2018

    Gas Well Fee Exemption Ripe For Fraud, Pa. Justices Told

    A recent decision exempting Pennsylvania natural gas drillers from paying required fees on their wells if they fall below a certain production threshold for one month out of the year could lead to dishonest manipulation of output levels, the state’s highest court was warned during oral arguments Wednesday.

  • April 11, 2018

    Hercules Must Cover $5.5M In Fees In Oil Rig Fire Suit

    Hercules Offshore Inc. must indemnify a subcontractor for about $5.5 million in attorneys’ fees and expenses incurred in litigation stemming from a Louisiana offshore rig blowout, but Hercules itself is entitled to recoup those costs from an oil production company, a Texas federal judge ruled Tuesday.

  • April 11, 2018

    DOE Open To Emergency Grid Input Amid FirstEnergy Plea

    The U.S. Department of Energy has designated a new email address to serve as a clearinghouse for public input on the agency's emergency grid authority on the heels of FirstEnergy Corp.'s controversial request the DOE use that authority to prop up the company's struggling coal and nuclear power plants.

  • April 11, 2018

    Statoil, Total Pay $340M For Gulf Of Mexico Oil Assets

    Statoil ASA and Total SA on Wednesday announced that they had completed their acquisition of Cobalt International Energy Inc.'s interest in certain Gulf of Mexico oil assets for an aggregate purchase price of nearly $340 million.

  • April 11, 2018

    FERC, Energy Trader End Market-Rigging Case With $2M Deal

    The Federal Energy Regulatory Commission on Tuesday approved a $1.9 million settlement with an energy trader and his firm accused of manipulating a California electricity market, ending an enforcement case that both sides were preparing to contest in federal court.

  • April 10, 2018

    Proposal For Miami Wastewater To Cool Nuke Plant Advances

    The Miami-Dade County Commission on Tuesday greenlighted preliminary work on development of a project that would provide treated county wastewater for use in cooling canals at Florida Power & Light Co.'s Turkey Point nuclear power plant, a plan touted as having huge potential mutual benefits.

  • April 10, 2018

    Petrobras Says It Never Ditched $400M Suit's Legal Theory

    Petrobras America fought back on Monday against offshore equipment manufacturer Vicinay Cadenas SA's bid to duck or stall a $400 million suit over an allegedly defective chain used to support a floating oil and gas facility, telling a Texas federal judge that contrary to claims, it's never gone back on its theory of what the case is about. 

  • April 10, 2018

    EPA Lets ND Manage Own Carbon Sequestration Program

    The U.S. Environmental Protection Agency on Tuesday made North Dakota the first state in the nation with the power to implement and enforce its own carbon sequestration well control program everywhere in the state except on Native American lands.

  • April 10, 2018

    Panel Questions Gas Co.'s Stake In West Texas Oil Leases

    A Texas appellate panel on Tuesday probed whether an oil and gas company had given up its stake in West Texas properties during earlier litigation in a dispute with its business partner, as the company fights for a chance to recover royalties from that stake.

  • April 10, 2018

    Robbins Geller To Lead InterOil Investors' Exxon Suit

    A Texas federal judge on Tuesday granted a bid from a proposed class of former InterOil Corp. shareholders to appoint Robbins Geller Rudman & Dowd LLP as lead counsel in a suit alleging they were misled into approving the Singaporean oil and gas company's $2.5 billion acquisition by Exxon Mobil Corp.

  • April 10, 2018

    Holland & Knight Nabs Texas Enviro Attys From Kelley Drye

    Holland & Knight LLP has snagged two partners from Kelley Drye & Warren LLP for its environmental litigation team, each of whom used to work as director of the litigation division at the Texas Commission on Environmental Quality.

  • April 10, 2018

    Calif. AG Sues EPA Over Air Polluter Policy Change

    The California attorney general filed a lawsuit against the U.S. Environmental Protection Agency on Monday asking the D.C. Circuit to block the agency’s recent rescission of a 1995 policy that said any facility considered to be a “major” polluter under the Clean Air Act could never be recategorized as a less prolific polluter.

  • April 10, 2018

    Koch's Oxbow Carbon Files Options For $2.6B Company Sale

    Oxbow Carbon LLC founder William I. Koch and affiliates proposed an Oxbow board-managed sale of the $2.6 billion business Tuesday to comply with a court decision mandating a cash-out for two investor groups, with a coordinator-overseen sale as an alternative.

Expert Analysis

  • Congressional Forecast: March

    Layth Elhassani

    Upcoming congressional action for the duration of March appears likely to resolve the budget and appropriations impasse of the last several months, after U.S. House and Senate leaders and the White House were able to reach an agreement last month on topline spending numbers for fiscal year 2018, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Hercules Ascendant? A Gasp Of Breath From A 'Dead Letter'

    Christopher Hannan

    The Fifth Circuit continued the jurisprudential renaissance of personal jurisdiction decisions with Sangha v. Navig8 Shipmanagement Private Limited, a recent maritime ruling that has implications for jurisdictional disputes in all substantive areas. The Sangha dicta may result in a second wave of removals under Hercules, says Christopher Hannan of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Make An Informed Choice About Arbitration


    In an age of data-driven decision-making, too many companies are making important choices about dispute resolution based on anecdotes and isolated experiences. I’d like to explain why a number of objections to arbitration are ill-founded, says Foley Hoag LLP partner John Shope.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Lessons Learned From The Oil Patch Blues

    Tom Howley

    Now that crude oil prices appear to have stabilized, previously restructured oil and gas companies are once again looking to increase production and expand their asset bases. Bankruptcy created a competitive advantage for many reorganized entities, while companies that did not file are still in damage control, say attorneys with Jones Day.

  • Guest Feature

    George Pataki: The Farmer From Peekskill


    In a conversation ranging from Wall Street lawyering to Howard Stern to the shape of the New York Court of Appeals, White and Williams LLP counsel Randy Maniloff sits down with former New York Gov. George Pataki at his office at Norton Rose Fulbright.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Roundup

    EPA In The Trump Era

    EPA In The Trump Era - Thumbnail

    In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

  • 9th Circ. CWA Decision Could Pose New Compliance Risks

    Bernadette Rappold

    With the Ninth Circuit's recent decision in Hawaii Wildlife Fund v. County of Maui, environmentalists have scored a victory under the Clean Water Act that may cause a widespread re-evaluation of permitting status and engender a wave of citizen suits, says Bernadette Rappold of Greenberg Traurig LLP.