• April 12, 2018

    Ex-Pruitt Aide Saw Punishment For Ethics Flags, Dems Say

    A former top aide to U.S. Environmental Protection Agency Administrator Scott Pruitt said he and others were punished with demotion, marginalization and threats when they raised concerns about possible ethics problems related to Pruitt’s spending and management, several congressional Democrats said Thursday.

  • April 12, 2018

    SunPower Investors’ Stock-Drop Suit May Be Thrown Out

    A California federal judge said Thursday he’s inclined to toss with leave to amend a putative securities class action claiming SunPower Corp. fraudulently overstated its financial projections, causing its stock to drop 30 percent, saying the fraud allegations are insufficient and “there’s nothing hidden from the public here.”

  • April 12, 2018

    Tallgrass Energy Investors Say Merger Plan Lacks Key Info

    A pipeline operator and its board of directors have violated the Exchange Act by omitting certain financial information from documents filed with the U.S. Securities and Exchange Commission relating to a merger agreement, says a proposed class action filed Thursday in Delaware federal court.

  • April 12, 2018

    Trump Demands Changes To EPA Air Pollution Programs

    President Donald Trump on Thursday instructed the U.S. Environmental Protection Agency to make it easier for states and industries to comply with national air emissions standards for pollutants like ozone, nitrogen dioxide and lead, a move promptly denounced by environmentalists.

  • April 12, 2018

    Judge Rips Feuding Parties In NY Solar Co.'s Ch. 11

    Level Solar Inc. narrowly fended off a bid by its former CEO to liquidate the case, after a New York bankruptcy judge admonished both parties for “mudslinging nonsense” at a contentious hearing Thursday while saying she would give the debtor a few more weeks to get its act together.

  • April 12, 2018

    Real Estate Rumors: Ruben, Augustus Miller, Walton Street

    A Ruben Cos. venture has reportedly landed a $205 million loan from MetLife for a New York property, Miller Oil's Augustus Miller is said to have dropped $9.5 million on a Florida medical office center, and a Walton Street venture is reportedly buying an Illinois office complex for $125 million.

  • April 12, 2018

    Statoil, Ex-Employee Settle Wrongful Termination, Fraud Row

    A dispute between Statoil Gulf Services LLC and an accountant who alleged she was fired in retaliation after telling superiors she believed some in the company were committing shareholder and securities fraud in violation of federal law, has been settled, the parties told a federal judge in Texas on Wednesday.

  • April 12, 2018

    Senate Confirms Faegre Baker's Wheeler For EPA's No. 2 Post

    The U.S. Senate on Thursday confirmed Faegre Baker Daniels LLP attorney and lobbyist Andrew Wheeler to serve as the U.S. Environmental Protection Agency's deputy administrator, putting in place a potential replacement who could step in as acting EPA chief if Administrator Scott Pruitt is fired or steps aside.

  • April 12, 2018

    Williams Wants FERC's OK For $405M Pipeline Upgrade

    Williams Partners LP on Wednesday asked the Federal Energy Regulatory Commission to approve a proposed $405 million expansion of its Transcontinental natural gas pipeline system in several Southeastern states in order to provide increased supplies within the region.

  • April 12, 2018

    Calif. Oil Co. Fined $12.5M Over 1,466 Alleged Violations

    A California regulator on Wednesday fined an oil company $12.5 million for what it characterized as “major safety violations” related to its work in an Orange County oil field, adding that the company was blamed for committing nearly 1,500 violations over the course of 2017.

  • April 12, 2018

    4th Circ. Revives Kinder Morgan Gas Spill Groundwater Suit

    The Fourth Circuit on Thursday revived environmentalists’ lawsuit over a Kinder Morgan Energy Partners LP subsidiary’s gasoline pipeline spill in South Carolina, finding that the Clean Water Act covers their claims that the spill contaminated nearby creeks and wetlands after traveling through groundwater.

  • April 11, 2018

    Energy Entrepreneur Gets 4 Years For $1.2M Pipeline Scheme

    The owner of an energy company must serve more than four years in prison after a jury convicted him of securities fraud and other crimes related to a scheme that defrauded nearly $1.2 million from 11 investors, a Kentucky federal judge ruled Wednesday.

  • April 11, 2018

    DOI Watchdog Questions Legality Of Exec Reassignments

    The U.S. Department of Interior’s top watchdog said Wednesday it’s unclear whether the agency legally reassigned dozens of senior executives, fueling criticism from Senate Democrats that the reassigned officials were politically targeted for their work on climate change, energy and conservation.

  • April 11, 2018

    Amazon, Other Cos. Avoid Tax On $24.5B Profits, Study Says

    A tax watchdog group on Wednesday said Amazon, Duke Energy and Kinder Morgan are among 15 companies that legally avoided paying federal income tax on about $24.5 billion in profits in 2017, part of what the group said is the widespread nature of corporate tax avoidance schemes that predated December’s federal tax overhaul.

  • April 11, 2018

    Ukrainian Co. Sees $50M Award Revived By French Court

    France's highest court has reinstated a $50 million arbitral award issued to a Ukrainian energy company in a dispute with the Republic of Moldova stemming from an energy supply agreement, which had previously been set aside on jurisdictional grounds.

  • April 11, 2018

    Earthjustice Reports Court Access Hampered Under Trump

    Through administrative policies and legislation, the Trump administration and Congress are taking steps to limit or eliminate access to the courts, Earthjustice asserted in a report it released on Wednesday.

  • April 11, 2018

    Gas Groups Urge Trump To Limit State Pipeline Powers

    The Natural Gas Council called on President Donald Trump on Tuesday to tell federal authorities to push back against states that are allegedly abusing their authority under the Clean Water Act and denying permits for gas pipelines given the go-ahead by federal agencies.

  • April 11, 2018

    Gas Well Fee Exemption Ripe For Fraud, Pa. Justices Told

    A recent decision exempting Pennsylvania natural gas drillers from paying required fees on their wells if they fall below a certain production threshold for one month out of the year could lead to dishonest manipulation of output levels, the state’s highest court was warned during oral arguments Wednesday.

  • April 11, 2018

    Hercules Must Cover $5.5M In Fees In Oil Rig Fire Suit

    Hercules Offshore Inc. must indemnify a subcontractor for about $5.5 million in attorneys’ fees and expenses incurred in litigation stemming from a Louisiana offshore rig blowout, but Hercules itself is entitled to recoup those costs from an oil production company, a Texas federal judge ruled Tuesday.

  • April 11, 2018

    DOE Open To Emergency Grid Input Amid FirstEnergy Plea

    The U.S. Department of Energy has designated a new email address to serve as a clearinghouse for public input on the agency's emergency grid authority on the heels of FirstEnergy Corp.'s controversial request the DOE use that authority to prop up the company's struggling coal and nuclear power plants.

Expert Analysis

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Roundup

    EPA In The Trump Era

    EPA In The Trump Era - Thumbnail

    In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

  • 9th Circ. CWA Decision Could Pose New Compliance Risks

    Bernadette Rappold

    With the Ninth Circuit's recent decision in Hawaii Wildlife Fund v. County of Maui, environmentalists have scored a victory under the Clean Water Act that may cause a widespread re-evaluation of permitting status and engender a wave of citizen suits, says Bernadette Rappold of Greenberg Traurig LLP.

  • 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.