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  • October 9, 2018

    Greek Mining Co. Owes Tax For $4M Spinoff, DC Circ. Hears

    A U.S. tax judge improperly applied a Treasury regulation when he ruled that a Greek mining company did not owe U.S. taxes on roughly $4 million in gains from its sale of holdings in a Pennsylvania-based magnesite producer and distributor, the Internal Revenue Service said Tuesday before a D.C. Circuit panel.

  • October 9, 2018

    Dutch Appeals Court Backs Greenhouse Gas Reduction Order

    A Netherlands appeals court on Tuesday upheld a lower court ruling directing the federal government to slash greenhouse gas emissions by at least 25 percent from 1990 levels by 2020, saying the European human rights law requires the government to take such action to combat climate change.

  • October 9, 2018

    Oil & Gas Service Cos. Win $1.5M Fees In Fringe Benefits Suit

    Fiduciaries and trustees of three fringe benefit plans have to pay $1.5 million in fees and costs to a law firm representing the oil and gas service companies they'd sued, after a judge ruled the fiduciaries and trustees had caused the ultimately unsuccessful litigation to drag on.  

  • October 9, 2018

    Antero Abandons MLP Structure In Midstream $7.2B Roll-Up

    Midstream energy company Antero Midstream GP LP has agreed to acquire all of Antero Midstream Partners LP's outstanding common shares in a $7.2 billion cash-and-stock deal and to convert to a publicly traded corporation, the companies said on Tuesday.

  • October 9, 2018

    Justices Won't Review Objection To Samson Resources Ch. 11

    The U.S. Supreme Court on Tuesday refused to second-guess a Third Circuit opinion affirming the dismissal of an untimely appeal of a bankruptcy court order authorizing Samson Resources Corp. to sell its interest in the oil and gas lease governing a well in Louisiana as part of the company’s Chapter 11 reorganization.

  • October 9, 2018

    High Court Won't Review Invalidation Of EPA Rule For HFCs

    The U.S. Supreme Court on Tuesday refused to take up challenges to the D.C. Circuit’s determination invalidating a U.S. Environmental Protection Agency rule forcing manufacturers to stop using hydrofluorocarbons, a lower court decision authored by newly minted Justice Brett Kavanaugh.

  • October 9, 2018

    Penguins Hire Pa. Mayor's Ex-Chief Of Staff As GC

    The Pittsburgh Penguins have announced the organization hired Kevin Acklin, former chief of staff and chief development officer for Pittsburgh Mayor William Peduto, as senior vice president and general counsel.

  • October 9, 2018

    Energy M&A Tops $100B For 5th Straight Quarter

    Energy deal-making clocked its fifth straight quarter with more than $100 billion in deal value, pushing beyond the geopolitical headwinds that have given other industries pause and have slowed the pace of global mergers and acquisitions activity for the past three months.

  • October 5, 2018

    Stay Of Kids' Climate Suit Sought Pending High Court Review

    The U.S. government asked an Oregon federal judge Friday to stay a suit accusing federal agencies and the president of failing to protect future generations from the effects of climate change, saying it intends to ask the U.S. Supreme Court to dismiss the case because the district court is taking too long.

  • October 5, 2018

    EPA Defends Lower-Than-Requested Biodiesel Quotas

    The Environmental Protection Agency at the D.C. Circuit on Friday defended its decision to set production volumes for biomass-based biodiesel under the Renewable Fuel Standard Statute below the amount requested by the industry for 2018, saying a higher quota could “crowd out” opportunities for other advanced biofuels.

  • October 5, 2018

    6 Firms To Guide 5 IPOs Exceeding $1B Led By Lithium Co.

    Six law firms expect to guide five initial public offerings estimated to raise nearly $1.1 billion during the week of Oct. 8, steering a lineup led by a lithium producer seeking to rev up the market for electric-car batteries, plus three biotechnology firms and a technology startup.

  • October 5, 2018

    6th Circ. Affirms Widow's Federal Black Lung Benefits

    The Sixth Circuit on Friday upheld an administrative law judge's finding that the operator of a coal-loading terminal owes black lung benefits to a worker’s widow, saying the terminal didn’t overcome the legal presumption that longtime coal workers have black lung.

  • October 5, 2018

    Bondholders Seek To Appoint Receiver For Puerto Rico Utility

    A group of bondholders on Thursday renewed their call to put a receiver in charge of Puerto Rico’s electric utility, while the island’s federally appointed fiscal oversight board sought information from the governor’s office about an announced electric rate cut.

  • October 5, 2018

    Carbon Pricing Talk Heats Up Amid State-Federal Policy Rift

    As federally overseen interstate electricity markets continue to wrestle with how to accommodate state policies that prioritize power sources like renewable energy, regulators and even some fossil-fuel power producers are warming to the idea that putting a price on carbon in regional power markets could ease growing state-federal tensions.

  • October 5, 2018

    Tatneft Says $112M Ukraine Award Was Correctly Enforced

    Russian energy company PAO Tatneft has asked the D.C. Circuit to affirm the enforcement of a $112 million arbitral award it won following a “black raider” action that caused the 2007 seizure of a Ukrainian oil refinery, arguing that the lower court rightly rejected Ukraine's sovereign immunity defenses.

  • October 5, 2018

    Pa. Utility Investigators Seek $2M Fine In Fatal Gas Explosion

    Investigators are asking Pennsylvania’s Public Utility Commission to impose a $2 million fine on a Reading-based natural gas company for its botched response to the gas leak preceding a 2017 explosion that leveled a house, killed one worker and injured three other people.

  • October 5, 2018

    European Investment Bank Loans $242M For Wind Project

    The European Investment Bank has loaned €210 million ($241.9 million) for construction of a wind project off the coast of Belgium, the bank announced on Friday.

  • October 5, 2018

    Asbestos Trusts Come Under DOJ Civil Investigation

    The U.S. Department of Justice is turning up the heat to ferret out abuses and potential cases of fraud in the country’s multibillion-dollar asbestos bankruptcy trust system.

  • October 5, 2018

    Mining Co. Says No Class Cert. In Brazil Dam Collapse Case

    A Brazilian mining company has told a New York federal court a securities fraud putative class action brought by investors over statements made before and after a dam collapse in Brazil that killed 19 people should not be certified, saying that resolving the lead plaintiffs' claims won't produce common answers.

  • October 5, 2018

    Changes To RFS Needed To Save Refiners, DC Circ. Hears

    A group of independent refiners Friday slammed the Environmental Protection Agency at the D.C. Circuit for refusing to make changes to obligations under the Renewable Fuel Standard Program they say threaten to ruin them.

Expert Analysis

  • Exxon Investors' Climate Suit Turns Up The Heat On Oil Cos.

    Mike Biles

    A Texas federal judge's decision last week in Ramirez v. Exxon Mobil — the first climate change-related securities class action against a major oil and gas company — is strikingly pro-shareholder and departs from opinions of numerous federal courts, say Mike Biles and Jessica England of King & Spalding LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • 5th Circ.'s New Maritime Contract Test Takes Shape

    Hansford Wogan

    Recent cases demonstrate Louisiana courts' willingness to embrace the Fifth Circuit's simplified analysis of what constitutes a maritime contract in the context of insurance obligations. The courts are homing in on whether parties expected to use a vessel, and how significant the use is, says Hansford Wogan of Jones Walker LLP.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Section 45Q Tax Credit Increase May Spur Carbon Capture

    David Lowman

    The Bipartisan Budget Act of 2018 significantly increased and extended the Section 45Q tax credit for the capture and sequestration of carbon oxides. This development is expected to significantly boost deployment of carbon capture and storage across the U.S. and represents a potential opportunity for emitting companies, oil and gas companies and industrial users of carbon oxides, say David Lowman and Frederick Eames of Hunton Andrews Kurth LLP.

  • The Future Of State-Subsidized Electric Generation Resources

    Joseph Cavicchi

    The Federal Energy Regulatory Commission recently ruled that PJM Interconnection’s current capacity market auction tariff is unjust and unreasonable. The decision raises a fundamental economic question as to the future of PJM's existing market-based approach to determining the region’s mix of generating assets, say Joseph Cavicchi and Kenneth Grant of Compass Lexecon​​​​​​​.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.