An Arizona utility has asked the U.S. Supreme Court to overturn a Ninth Circuit ruling that refused it an immediate appeal of a lower court’s determination that the utility wasn’t immune from SolarCity Corp.’s antitrust suit, arguing the case would address an important threshold issue and resolve a circuit split.
It's been a busy few weeks at the International Centre for Settlement of Investment Disputes, with new claims in the tourism, water and sanitation, energy and telecommunications sectors targeting nations in Eastern Europe, the Middle East, Central Asia and Central America. Here are the latest claims at ICSID you need to know.
An Arizona federal judge on Monday tossed a lawsuit in which a handful of groups claim the federal government flouted environmental laws by approving continued, expanded operations of the coal-fired Four Corners Power Plant and a mine on Navajo land that helps feed it, finding the mine owner has sovereign immunity.
A National Labor Relations Board judge ruled Friday that SolarCity Corp. illegally maintained arbitration agreements that workers could think restrict their right to file unfair labor practice charges with the board.
China is planning to phase out the manufacture and sale of vehicles running on gasoline and diesel, a government official said at an automobile forum this weekend, according to state-run media outlet Xinhua.
A D.C. federal magistrate on Monday ordered Oxbow Carbon & Minerals LLC CEO William Koch to produce files in his company's anti-competitive conduct case against Union Pacific and BNSF, rejecting arguments that the railroads' discovery requests were overly burdensome and wouldn't reveal enough relevant information to justify the cost of producing them.
Schulte Roth & Zabel LLP sought approval Friday for $5.4 million in fees for representing the official unsecured creditors committee in defunct oil company Maxus Energy Corp.'s 13-month bankruptcy proceeding.
Environmental groups on Friday pushed back at TransCanada and the U.S. Department of State’s continued efforts to toss litigation brought under the Endangered Species Act over the government’s revival of the Keystone XL Pipeline project, telling a Montana federal judge that the permit approvals are not exempt from judicial action.
Oasis Midstream Partners LP, a master limited partnership formed to operate energy assets in the Williston Basin owned by Oasis Petroleum Inc., on Monday launched an estimated $150 million initial public offering intended to support its parent company’s expansion.
The Federal Energy Regulatory Commission on Friday refused to block construction of a Kinder Morgan unit's $144 million natural gas pipeline project in Pennsylvania while it mulls a rehearing request from the Delaware Riverkeeper Network, saying the environmental group hasn't shown that a stay would be warranted.
Five Democratic state attorneys general on Monday sued federal transportation regulators in the Second Circuit over a recent delay to an Obama-era rule raising penalties on automakers that don’t meet fuel efficiency standards, joining environmental groups that challenged the delay last week.
The West Virginia Department of Environmental Protection has vacated the Clean Water Act permit it had issued for the $3.5 billion Mountain Valley Pipeline, saying that the move will allow it to re-evaluate the application, according to the department.
A New Jersey state senator and environmental groups on Monday urged a state appeals court to give them a chance to fight the state's $225 million settlement resolving contamination by Exxon Mobil Corp., arguing that the state Department of Environmental Protection didn't adequately represent the public's interest in the case.
A group of former Yukos Oil Co. shareholders urged a D.C. federal judge to revive their attempts to start discovery against Baker Botts LLP and one of its partners in their appeal of more than $50 billion in arbitral awards abroad, saying Friday the firm can’t win on attorney-client privilege it never invoked.
In the wake of Hurricane Harvey, businesses along the Texas coast have been seeking legal guidance on how best to track and repair property damage, to help employees get back on their feet and back to work, and to restore operations after the storm's widespread flooding. Here, Law360 takes a look at five of the biggest issues Texas law firms are helping clients work through.
A South African citizen who works as a seismic consultant in the energy industry filed a lawsuit Friday against Houston immigration law firm Foster LLP, alleging it was the negligence of the firm and its attorney that led to his deportation after he bought a home and put down roots in Texas.
British energy giant BP filed an initial public offering on Monday for a newly formed master limited partnership that will operate the company’s U.S. pipelines, advised by Vinson & Elkins LLP.
The Mine Safety and Health Administration on Monday proposed changing a rule requiring mine operators to inspect non-coal mines before workers start to allow inspections to take place when shifts begin, according to a notice set for publication in the Federal Register on Tuesday.
President Donald Trump has nominated a veteran freight rail executive from CSX Transportation Inc. to serve as administrator of the nation’s pipeline safety regulator and picked the president of McClure Engineering Co. to serve as administrator of the Federal Highway Administration, the White House said Friday.
The Ohio Environmental Protection Agency on Friday issued a notice of violation to Energy Transfer Partners LP regarding its $4.2 billion Rover Pipeline project, alleging that the company failed to comply with an order directing it to submit paperwork for a state stormwater permit.
In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.
The Third Circuit recently affirmed that downstream purchasers took oil purchased from a bankrupt intermediary free and clear of the oil producers’ liens. The opinion is an important reminder that courts will look to the state lien laws and Uniform Commercial Code of a midstream company’s home state to determine whether the producers are secured, say attorneys with King & Spalding LLP.
While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.
President Donald Trump has followed through on a campaign promise to revisit — with an eye toward rescinding — the Obama administration’s Clean Water Rule. That federal pullback from wetland regulations may have unintended consequences in California, which is on the cusp of promulgating new wetland regulations of its own, says Scott Birkey of Cox Castle & Nicholson LLP.
As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.
On July 27, the Office of Foreign Assets Control announced a $12 million settlement with CSE Global Limited and its subsidiary, CSE TransTel Pte. Ltd. This appears to be the first time OFAC has penalized a non-U.S., non-financial company for “causing” sanctions violations by initiating U.S. dollar payments involving a sanctioned country, say members of Paul Weiss Rifkind Wharton & Garrison LLP.
Although the Commercial Instruments and Maritime Lien Act was enacted to clarify confusion regarding the rights and remedies of participants in the shipping industry, recent global insolvencies of entities such as O.W. Bunker and Hanjin have forced courts to reconsider the text, history and purpose of a seemingly straightforward federal statute, say Brian Maloney and Laura Miller of Seward & Kissel LLP.
In a controversial decision last year, the Second Circuit became one of the only U.S. courts ever to enforce an arbitral award annulled in the primary jurisdiction. The recent Thai-Lao Lignite ruling returns the court to a more deferential application of the standard, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.
Climate change lawsuits have been filed before, but the recent lawsuits filed against several of the largest oil, gas and coal producers by two California counties and one city are different than earlier efforts for three important reasons, says Douglas Kysar, a professor of law at Yale University.
When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.