We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close


  • June 8, 2018

    Pa. Ruling May Set Higher Zoning Hurdle For Drillers

    A recent Pennsylvania Supreme Court ruling rejecting a municipality’s decision to greenlight hydraulic fracturing in a largely residential and agricultural neighborhood may force drillers to work a little harder to clearly show that their projects fall within the range of accepted land uses in different zoning districts.

  • June 8, 2018

    House OKs Energy Department, Military Construction Funds

    The U.S. House of Representatives took its first step Friday toward funding the government next year, passing spending bills for energy and water projects, Congress itself, military construction and the U.S. Department of Veterans Affairs.

  • June 8, 2018

    Real Estate Rumors: NYC Holiday Inn, NES, Florida Power

    A Holiday Inn in Long Island City, Queens, could fetch as much as $40.8 million in a sale, NES Financial has reportedly bought a Miami warehouse for $5.25 million, and Florida Power & Light is said to have paid $19.3 million for 1,287 acres of land in Palm Beach County.

  • June 8, 2018

    6 Firms To Steer 7 IPOs Exceeding $1.4B As June Gets Hot

    Six law firms plan to guide seven initial public offerings slated to raise more than $1.4 billion during the week of June 11, kicking the IPO season into high gear with businesses spanning the technology, life sciences, energy, transportation and education industries plus a fintech-focused blank check company.

  • June 8, 2018

    JV Settles FCA Suit Over Nuclear Waste Site Cleanup Contract

    A joint venture of several engineering giants reached a settlement Thursday to end a long-running False Claims Act suit accusing it of using shell companies to fulfill small-business subcontracting requirements for a multibillion-dollar nuclear waste cleanup project at the Hanford Site in Washington state.

  • June 8, 2018

    DC Circ. Backs FERC Redo In Grid Interconnection Cost Fight

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's court-ordered revamp of its order for a New Jersey power developer to pay charges to hook up with regional grid operator PJM Interconnection LLC, saying FERC properly relied on PJM's tariff conditions at the time the interconnection agreement was finalized.

  • June 8, 2018

    Feds Can't Shut Down SC Nuclear Facility Before Hearing

     A federal judge in South Carolina has blocked the U.S. government from closing a nuclear fuel processing facility near the Savannah River and said that the state appears likely to prevail in its efforts to keep the plant open this year, given congressional support for the costly, delayed project. 

  • June 8, 2018

    DC Circ. Upholds EPA Rule Limiting Federal Court Decisions

    The D.C. Circuit on Friday rejected a coalition of industry groups' challenge to a U.S. Environmental Protection Agency rule that allows the agency to deviate from its national policy and implement Clean Air Act regulations differently in one part of the country if a federal court there disagrees with the EPA's approach.

  • June 7, 2018

    DC Judge Won't Uphold Int'l Award Over Indian Gas Rights

    A D.C. federal judge refused Thursday to confirm an arbitration award that would force India to let a Hardy Oil and Gas affiliate return to work in the country’s natural gas reserves, finding that U.S. policy respects the rights of other nations to manage resources within their own territories.

  • June 7, 2018

    Energy Group Wants Enviros' Effluent Rule Delay Suit Tossed

    An energy industry group urged an Arizona federal court on Wednesday to toss a lawsuit in which the Center for Biological Diversity challenged the U.S. Environmental Protection Agency’s delay in implementing the first federal limits on toxic metals like mercury, lead and selenium in wastewater that could be discharged from coal-fired power plants.

  • June 7, 2018

    Free Market Groups Denied Access To Schneiderman's Emails

    A New York appeals court on Thursday upheld a lower court ruling rejecting a bid by free market groups to access emails they claim would show former Attorney General Eric Schneiderman coordinating with climate change activists, as well as give the groups access to Schneiderman’s personal email and text message accounts.

  • June 7, 2018

    Hopi, Navajo Lose Bid To Stop Ariz. Power Purchase

    An Arizona water agency on Thursday voted to purchase a portion of its future electricity needs from other sources despite a request by the Hopi Tribe and the Navajo Nation that it wait 90 days while efforts are made to prolong the life of the Navajo Generating Station coal plant.

  • June 7, 2018

    EPA Considering New Rules For Cost-Benefit Analyses

    The U.S. Environmental Protection Agency on Thursday announced it’s considering new regulations that would control how it analyzes and weighs the costs and benefits of regulatory actions that affect businesses and the public, an important issue that can dramatically impact the final look of federal rules.

  • June 7, 2018

    Fed. Circ. Provides Post-SAS Guidance In PGS Patent Row

    The Federal Circuit upheld Patent Trial and Appeal Board decisions that invalidated part of a PGS Geophysical AS patent covering systems for marine seismic surveying, in a ruling Thursday that provides insight into how the circuit views certain issues in the wake of the U.S. Supreme Court’s SAS Institute decision.

  • June 7, 2018

    Schlumberger Beats Whistleblower's Wrongful Firing Suit

    A Texas appellate court on Thursday upheld the dismissal of a wrongful termination claim from a former Schlumberger Technology Corp. worker who alleged he was fired after warning a vessel could not be operated safely with certain offshore seismic surveying equipment.

  • June 7, 2018

    Contractor Awarded $45M Over LA Power Plant Project Delays

    A California federal jury has awarded $45 million to a Kiewit Corp. unit in a dispute with the Los Angeles Department of Water and Power over costs for a $440 million power plant modernization project incurred due to delays the construction firm claims were caused by the municipal utility.

  • June 7, 2018

    NJ Justices Won't Review $225M ExxonMobil Pollution Deal

    The New Jersey Supreme Court has declined to review a judge's approval of the state's controversial $225 million settlement with ExxonMobil Corp. to resolve contamination from gas stations and refineries, dealing a blow to environmental advocates who contend the deal undervalues the damage.

  • June 7, 2018

    Legislators Tell Pruitt To Ditch Scientific Review Overhaul

    More than 100 mostly Democratic members of Congress on Thursday blasted a recent proposal by the U.S. Environmental Protection Agency to require the publication of data underlying scientific studies that they say would actually harm scientific integrity.

  • June 7, 2018

    EPA Rebuffs Del., Md. Calls To Cut Smog From Upwind States

    The U.S. Environmental Protection Agency on Thursday sought to deny Delaware and Maryland's request that it act to reduce air pollution blowing in from other states, saying there's no evidence out-of-state power plants are violating the Clean Air Act's so-called "good neighbor" provision covering cross-state emissions.

  • June 7, 2018

    Calif. Gov'ts Say 9th Circ. Must Limit Climate Tort Appeals

    Two counties and one city in California said Wednesday that fossil fuel companies are trying to expand their appeal of a lower court's remand of climate change suits to state court to cover grounds that aren't appealable, and urged the Ninth Circuit to limit its review accordingly.

Expert Analysis

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.

  • Battery Supply Chain: A Unique Growth Opportunity

    Rebecca Campbell

    Battery materials and electric vehicles offer something unique to today’s commodity producers and investors: a sustainable growth story that is not just China-dependent. The exponential growth in demand is creating a scramble for resources not seen since the last great commodity supercycle, say attorneys with White & Case LLP.

  • Must FERC Weigh GHG Emissions In Pipeline Reviews?

    Jay Costan

    The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Status Update On 'One Federal Decision' Project Reviews

    Raya Treiser

    Last week, a dozen federal agencies signed a memorandum of understanding committing to a more coordinated and streamlined federal review process. But because there have been no changes to underlying statutory requirements, each agency will still have to determine that a project review meets its respective legal obligations, say Raya Treiser and Nathaniel Custer of WilmerHale.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Coaltrain Ruling Clarifies FERC’s Enforcement Powers

    Michael Brooks

    A federal district court in Ohio recently upheld some of the Federal Energy Regulatory Commission’s penalties against an energy company and its owners for market manipulation. Although the court’s reasoning generally followed the lead of other courts that have recently opined on the scope of FERC’s enforcement authority, there are a number of elements worth noting, say attorneys with Bracewell LLP.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • The Many Challenges Facing Venezuela Bribery Suit: Part 2

    Richard Cooper

    Resolution of the standing issues raised in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA may have implications not just for this case, but for whether PDVSA may be bound by the Venezuelan government to any future debt restructuring, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • How Is EPA's New Source Review Guidance Helpful?

    Richard Alonso

    The U.S. Environmental Protection Agency recently issued a memo reinterpreting regulations that determine when a project could trigger new source review. In this new policy directive, the EPA is now reinterpreting its existing regulations to allow sources to use this type of project analysis to assess whether an NSR permit is required, say attorneys with Sidley Austin LLP.