• July 11, 2017

    Texas Court Says TCEQ Shorted Power Plants On Tax Break

    A Texas appellate court on Tuesday said the Texas Commission on Environmental Quality and a lower court erred by denying a property tax exemption for eight power plants based on their pollution control equipment.

  • July 11, 2017

    Contract Dispute, Personal Feuds Roil In Oxbow Sale Trial

    Reports of personal feuds, claims of testimony conflicts, and disputes over company sale control kept a Delaware Chancery Court trial simmering Tuesday in a battle between billionaire William I. Koch and private equity investors over a sale of Oxbow Carbon LLC.

  • July 11, 2017

    Calif. Legislators Plan Cap-And-Trade Extension To 2030

    California Gov. Jerry Brown and state lawmakers announced plans Monday to extend the state’s cap-and-trade program by 10 years, through 2030, after an initial 2020 sunset date, with provisions that will require pollution monitoring in particularly polluted neighborhoods.

  • July 11, 2017

    EPA Floats Lifting Pebble Mine Block In Alaska

    The U.S. Environmental Protection Agency on Tuesday said it wants to withdraw a proposal to block a massive open-pit mine in Alaska near the world’s largest sockeye salmon fishery, fulfilling one of its obligations under a settlement reached earlier this year with the project developer.

  • July 11, 2017

    Hicks Thomas Nabs Andrews Kurth Energy Trial Atty

    Hicks Thomas LLP announced Tuesday that it has hired away an experienced oil and gas trial attorney from Andrews Kurth Kenyon LLP who has joined the firm's Houston office as a partner.

  • July 11, 2017

    Utilities, Illinois Spar Over Allco Ruling In Subsidy Fight

    Illinois power producers and the state government sparred Monday over the significance of a Second Circuit ruling on Connecticut's renewable energy incentive program to their own federal court fight over nuclear power plant subsidizes.

  • July 11, 2017

    Challenge To RI Wind Farm Too Late, 1st Circ. Says

    A First Circuit panel on Monday affirmed a lower court’s ruling that a challenge to the approval of an offshore wind farm by a Rhode Island business group was brought too late and so was time-barred under state law.

  • July 11, 2017

    Morgan Lewis Tells Judge Privilege Breach Dooms Fraud Case

    A Pennsylvania federal judge was urged during a hearing Tuesday to throw out charges over an alleged green energy scam after government investigators accessed a privileged memo that a defendant in the case sent to a Morgan Lewis & Bockius LLP attorney.

  • July 11, 2017

    Deals Rumor Mill: Miami Marlins, Legend Holdings, Adnoc

    A group featuring Derek Jeter and Michael Jordan has offered to pay $1.2 billion for the Miami Marlins, Legend Holdings may acquire a 90 percent stake in a Qatari private bank, and an IPO of Abu Dhabi National Oil’s services stations unit could value the business at $14 billion.

  • July 11, 2017

    UAE-Backed Oil Co. Explores Partial IPOs Of Biz Units

    The United Arab Emirates’ state-backed oil company said Monday it is considering partially floating some of its businesses through initial public offerings as part of a strategy to broaden the oil-dependent country’s economic growth prospects, joining other Middle East countries exploring somewhat similar paths.

  • July 11, 2017

    Group Sues To Stop Malaysian Fund From Paying $1B Deal

    An activist group has sued Malaysia’s state-owned investment fund to stop it from paying $1.2 billion to settle an arbitration case brought by a United Arab Emirates sovereign wealth fund for allegedly failing to make debt payments to the Emirati entity, media reports said Tuesday.

  • July 11, 2017

    Consol To Split Coal and Gas Operations In Two

    Pittsburgh-based Consol Energy Inc. on Tuesday announced plans to split its coal and natural gas operations into two separate publicly traded companies via a filing with the U.S. Securities and Exchange Commission.

  • July 11, 2017

    Halcon Sells Oil Assets For $1.4B To Bruin E&P Partners

    Energy company Halcon Resources Corp. has entered into an agreement that will offload its Williston Basin assets in North Dakota to Bruin E&P Partners for $1.4 billion in cash, according to a Tuesday announcement that said the deal will help raise Halcon’s liquidity.

  • July 11, 2017

    2nd Circ. Axes Affirmation Of Exxon's $188M Venezuela Award

    The Second Circuit on Tuesday reversed a lower court decision enforcing an Exxon Mobil Corp. subsidiary’s $188 million award against Venezuela that originally was worth $1.6 billion, ruling the judge erred in the way he allowed the company to proceed with its petition.

  • July 11, 2017

    2nd Circ. Ruling Backs Nuclear Subsidies, NY Regulator Says

    New York utility regulators Monday pushed for the dismissal of a challenge to a state plan to subsidize struggling nuclear power plants, contending that a Second Circuit decision from June upholding a Connecticut program for soliciting renewable energy projects shows the New York plan doesn’t run afoul of federal law.

  • July 11, 2017

    Pa. Town Says Sunoco Pipeline Breached Settlement Deal

    Sunoco Logistics hit another stumbling block with its controversial Mariner East 2 natural gas pipeline Monday, when a Pennsylvania municipality accused the company of breaching a settlement agreement over the location of a valve station and asked for an immediate halt to its construction.

  • July 11, 2017

    3 Portuguese Ministers Named In Free Soccer Trips Probe

    Portugal’s attorney general named three junior ministers in charge of tax affairs, internationalization and industry as formal suspects Monday in a probe focusing on an energy company's gifts of travel, meals and tickets to watch the country’s national soccer team play in last year’s European Championship.

  • July 10, 2017

    Koch, Oxbow, Investors Square Off In Trial Over Sale

    A bitter fight over investor rights to exit billionaire William I. Koch’s Oxbow Carbon LLC spilled into a Delaware courtroom Monday, with Koch accused at times of mismanagement and dwelling on boardroom conspiracies and private equity investors accused of scheming to end Koch’s control.

  • July 10, 2017

    Feinberg To Be Settlement Master In Fiat Chrysler MDL

    Experienced mediator Kenneth Feinberg will be charged with brokering a deal in multidistrict litigation over whether certain diesel engines in Fiat Chrysler Automobiles NV vehicles emitted excessive pollutants, after a California federal judge announced his intent to name Feinberg settlement master.

  • July 10, 2017

    NM Utility Seeks 10th Circ. Redo In Navajo Right Of Way Suit

    A New Mexico utility asked the full Tenth Circuit on Friday to rethink a ruling that it cannot secure a path for a transmission line through property that is partly owned by the Navajo Nation because there’s no language in federal law on rights of way that allows tribal lands to be condemned.

Expert Analysis

  • Unwritten Settlement Terms May Still Be Enforceable

    Angela Whittaker-Pion

    Once parties in a civil case agree on a monetary amount in exchange for a release of claims, a settlement is considered effective. But in between agreeing on the amount and finalizing all the terms of the settlement, parties must take care not to end up with terms that are not to their liking, say Angela Whittaker-Pion and Lynn Schlie of Miles & Stockbridge PC.

  • Suffering Withdrawal: The Post-Paris Energy Outlook

    James Hoecker

    The Trump administration's withdrawal from the Paris climate accord has not deterred a number of U.S. states, municipalities and technology companies from their clean energy plans. But in a competitive world, weak government support for new technologies and industries may have substantial commercial consequences, says James Hoecker of Husch Blackwell LLP.

  • Debating The Value Of Distributed Rooftop Solar

    Brad Thompson

    How much is solar power really worth? Although a seemingly simple question, it has a myriad of complex and sometimes conflicting responses that many regulators across the U.S. are trying to resolve, say Brad Thompson and Jessica Sabbath of King & Spalding LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Trump's Monuments Order Won't Benefit Tribal Economies

    Hillary Hoffmann

    President Donald Trump's executive order mandating the review of national monuments with the goal of opening public lands to mineral development could provide some economic benefits, but history has shown that most mineral development booms are followed by inevitable busts, says professor Hillary Hoffmann of Vermont Law School.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Energy Efficiency Resources Must Stay In The Mix

    Richard Drom

    A proposal by PJM Interconnection threatens to exclude energy efficiency resources — the electricity savings achieved through the use of more energy-efficient products — from competing in its capacity market. This precedent could lead to additional barriers for other advanced energy technologies in wholesale electricity markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Determining OCS Jurisdiction For Lessees And Operators

    Grady Hurley

    Pending an appellate resolution of Island Operating v. Jewell, and due to the complicated nature of jurisdiction and regulation of the Outer Continental Shelf, all contractors should preserve their rights by appealing any incident of noncompliance issues within the delays mandated and seeking to stay the enforcement of pending appeals, says Grady Hurley of Jones Walker LLP.

  • The Regulatory Reforms Manufacturers Want Most: Part 2

    Charles Merrill

    At the direction of the White House, the U.S. Department of Commerce recently sought comments on the impact of federal regulations on domestic manufacturing. Companies and trade associations responded with many suggestions. But the president's proposed dramatic reduction in funding for the U.S. Environmental Protection Agency may make changing environmental regulations a slow process, says Charles Merrill of Husch Blackwell LLP.

  • What To Expect From CAA Risk Management Program Delay

    Peter Modlin

    In light of the current administration’s stated priorities, it seems likely that the U.S. Environmental Protection Agency will finalize its recently proposed delay of the Clean Air Act’s risk management program, and may seriously entertain revisions to the substance of the amendments, say Peter Modlin and Courtney Chin of Gibson Dunn & Crutcher LLP.