• April 10, 2018

    EEOC Suit Over Man Fired After Leave Gets Green Light

    An Illinois federal judge won’t allow an electrical equipment company to escape a U.S. Equal Employment Opportunity Commission suit alleging a worker was fired for refusing to retire after returning from medical leave, calling the claim he wasn’t protected by the Americans with Disabilities Act “nonsense.”

  • April 10, 2018

    Musk Seeks Appeal Over Tesla Control In SolarCity Takeover

    Tesla Inc. founder Elon Musk asked Monday for permission to appeal a Delaware Chancery Court’s decision that kept alive a consolidated shareholder suit over Tesla’s $2.6 billion acquisition of SolarCity Corp., saying the state’s Supreme Court should weigh in on whether he has a controlling interest in Tesla despite holding only a 22 percent stake.

  • April 10, 2018

    Baker Botts Snags Ex-Winston & Strawn Energy Atty In Texas

    Baker Botts LLP has bolstered its Houston team with the hire of a former Winston & Strawn LLP partner whose experience includes advising on oil and gas acquisitions, dispositions and joint ventures, cross-border deals, and other transactions in the energy industry.

  • April 10, 2018

    Pipeline Co. Urges Supreme Court To Decide NY Permit Fight

    Constitution Pipeline Co. LLC on Monday pressed the U.S. Supreme Court to review New York's denial of a water permit for a $683 million gas pipeline project, saying the Second Circuit's endorsement of the decision conflicts with rulings giving the Federal Energy Regulatory Commission primary permitting jurisdiction over interstate gas pipelines.

  • April 10, 2018

    Gas Co., Pa. Township Settle Fracking Waste Ban Dispute

    Pennsylvania General Energy Co. LLC has settled claims against a Pennsylvania township fighting a proposed hydraulic-fracturing project, with both sides agreeing that PGE's partial win against the municipality's fracking waste ban could later be appealed.

  • April 10, 2018

    Energy-Focused Firm Closes Infrastructure Fund At €3.5B

    Energy-focused investment manager Copenhagen Infrastructure Partners has closed its third fund at €3.5 billion ($4.3 billion) with contributions from 42 institutional investors that will be deployed in long-term infrastructure projects, the company said Tuesday.

  • April 10, 2018

    ENGlobal Says NASCO Contract Terms Require Payment

    ENGlobal U.S. Inc. on Monday said that its consulting and engineering contract with the Native American Services Corp. spells out that it should be paid for the work it did before the agreement was canceled, urging a Texas federal judge to reject the general contracting firm's "convoluted” arguments in favor of partial summary judgment.

  • April 10, 2018

    Duke Energy Can't Shift $2M Cleanup Costs, 6th Circ. Says

    The Sixth Circuit on Tuesday rejected Duke Energy's efforts to pierce the corporate veil and hold a FirstEnergy Corp. predecessor accountable for $1.8 million in cleanup costs at two polluted Florida sites, saying Duke hasn't provided enough evidence to show that veil-piercing is warranted under Florida state law.

  • April 10, 2018

    Okla. Tribe Member Urges Justices Not To Redo Murder Case

    A Muscogee Creek Nation member urged the U.S. Supreme Court on Monday to reject Oklahoma’s challenge to a Tenth Circuit decision that tossed his state court murder conviction and death sentence because the killing in question took place within the tribe’s reservation boundaries.

  • April 10, 2018

    Calif. Climate Torts' Remand On Hold Amid 9th Circ. Appeal

    A California federal judge agreed on Monday with Exxon Mobil Corp. and other energy companies and put on hold an order sending climate change-related litigation brought by several local governments to state court, providing the Ninth Circuit with a chance to decide its jurisdiction.

  • April 10, 2018

    DC Circ. Won't Budge On Dismissal Of FERC Rate Suit

    The D.C. Circuit on Tuesday refused to reconsider its decision to toss a suit by Kansas utility regulators accusing the Federal Energy Regulatory Commission of improperly approving future rates, despite the regulators' claim they had standing to bring their challenge.

  • April 10, 2018

    China Tees Up WTO Clash Over Security-Based Duties

    The Chinese government has formally challenged the Trump administration’s tariffs on imported steel and aluminum at the World Trade Organization, setting the stage for a high-stakes battle over Geneva’s national security exemption, according to a WTO document unsealed Tuesday.

  • April 9, 2018

    Texas Rule May Give Oil Co. Win Over Insurer in Kan. Case

    PetroSantander Inc. scored a major victory on Monday against insurer HDI Global in a coverage dispute over damages resulting from a saltwater spill, when a Kansas federal court found that HDI must show it was “actually prejudiced” by a late claim to deny coverage on that basis.

  • April 9, 2018

    6th Circ. Revives Engine Manufacturer Worker’s ERISA Claim

    The Sixth Circuit on Monday partly reversed the dismissal of a lawsuit from a former employee of engine manufacturer Atlas Industries Inc. over allegations he was improperly fired, with two judges on the panel finding the worker’s claim that his firing was motivated by his son’s hefty medical bills should be returned to the lower court.

  • April 9, 2018

    SEC Accuses Pair Of Raising $3.8M In Ponzi, Drilling Schemes

    The U.S. Securities and Exchange Commission sued two Texas men on Monday, saying they raised $3.8 million from dozens of elderly investors and spent it on themselves while claiming that the money was placed with “safe” real estate and energy investments.

  • April 9, 2018

    EPA, Corps Fight Restart Of States' Clean Water Rule Row

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Friday objected to a recent ruling that resumed a lawsuit with which a North Dakota-led coalition of states is challenging a controversial Obama-era rule defining the Clean Water Act’s reach, saying the case should instead be halted for another year.

  • April 9, 2018

    Split Platinum Trials Back On The Table In $1B Fraud Case

    A New York federal judge on Monday said he was reconsidering his denial of splitting up a criminal case against former Platinum Partners LP executives and others accused of partaking in a $1 billion securities fraud scheme, out of concern that a former energy executive’s blame-shifting defense may prejudice his co-defendants.

  • April 9, 2018

    Gov't Skirts Regs In Resisting $26M Tax Refund, Oil Co. Says

    The U.S. government is relying on assumptions rather than regulations in arguing that Anadarko Petroleum Corp. doesn’t deserve a $26 million tax refund for losses tied to its assets in Venezuela, the oil company told a Texas federal court on Friday.

  • April 9, 2018

    Court Ruling May Change Pa.'s Enviro Enforcement Approach

    The Pennsylvania Supreme Court’s recent ruling axing a method used by state environmental regulators to calculate fines for ongoing contamination of waterways may force the agency to use tools other than fines, such as criminal penalties or compliance orders, to address violations, experts say.

  • April 9, 2018

    ND Police Look To Nix DAPL Protesters' Excessive Force Suit

    Three North Dakota law enforcement officers and their respective jurisdictions urged a federal judge on Friday to nix a group of Dakota Access pipeline protesters’ proposed class action accusing them of using excessive force when responding to protests, saying the group’s constitutional claims are not viable.

Expert Analysis

  • Series

    EPA In The Trump Era: Enforcement And Compliance Changes

    Wayne D'Angelo

    The U.S. Environmental Protection Agency’s enforcement machine does not turn on a dime, and a year of enforcement data does not establish a trend. While the first 12 months may not have cemented a new approach to enforcement and compliance, year two is as good a time as any to offer a few first impressions, says Wayne D'Angelo, former director of strategic planning and advance at the EPA and a partner at Kelley Drye & Warren LLP.

  • Getting Back To Basics With Master Limited Partnerships

    Jeffery Malonson

    It has been a rough three years in the energy sector. During the downturn, upstream master limited partnerships, large and small, were disproportionately affected. If we have learned anything from this cycle, it is that we should endeavor to structure MLPs to withstand even the harshest price environments, says Jeffery Malonson of King & Spalding LLP.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Settling Mandatory Duty Lawsuits

    Avi Garbow

    The U.S. Environmental Protection Agency’s 2017 "sue and settle” directive embraces a nascent process to post online notices of intent to sue, complaints and petitions for review. For some this is sufficient for planning purposes and strategic undertakings, but for others it provides interesting opportunities, says Avi Garbow, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Breaking Down The New Interest Deduction Limitation

    Breaking Down The New Interest Deduction Limitation

    The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense.

  • How FERC's New Rule Paves The Way For Energy Storage

    Levi McAllister

    Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation in regional transmission organization and independent system operator markets. Market participants with an interest in energy storage are advised to focus closely on the tariff provisions being developed by each RTO/ISO, say attorneys with Morgan Lewis & Bockius LLP.

  • Series

    EPA In The Trump Era: The Superfund Enforcement Initiative

    Donald Elliott

    When it comes to climate change, the U.S. Environmental Protection Agency under Administrator Scott Pruitt is undeniably less aggressive than under its immediate predecessor. However, for the current EPA, one area that sharply conflicts with this pattern is Superfund, says Donald Elliott, former EPA general counsel and chairman of the environmental practice group at Covington & Burling LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.