• November 2, 2017

    9th Circ. Revives Enviros' Water Pollution Suit Against PG&E

    The Ninth Circuit on Thursday revived part of a lawsuit filed by environmentalists against Pacific Gas & Electric Co. alleging the company’s storage facilities contaminate California waterways, finding that Resource Conservation and Recovery Act citizen suit claims were not precluded by the Clean Water Act.

  • November 2, 2017

    Senate Approval Of 2 Commissioners Gives FERC Full Bench

    The U.S. Senate on Thursday confirmed two commissioners to the Federal Energy Regulatory Commission, including Republican Kevin McIntyre as chairman, providing the regulatory body with a full complement of officials for the first time since 2015.

  • November 2, 2017

    AIA Reviews Help Lower Drug Prices, High Court Hears

    Insurers, retail groups, a major generic-drug maker and other companies have urged the U.S. Supreme Court to rule America Invents Act reviews are constitutional, while framing the reviews as a way to lower drug costs and fight off frivolous lawsuits from nonpracticing entities.

  • November 2, 2017

    Petrobras, Underwriters Take Class Cert. Row To High Court

    Petrobras and a group of investment banks that were sued by the Brazilian energy giant’s investors asked the U.S. Supreme Court on Tuesday to reverse an appellate court’s ruling making it easier for the case to move forward, saying the decision clashed with the top court’s precedents for securities class actions.

  • November 2, 2017

    Parker Hannifin Offers DOJ Concessions Over $4.3B Deal

    The U.S. Department of Justice has received an offer from industrial equipment manufacturer Parker Hannifin to sell the aviation fuel filtration business at the center of the agency’s post-closing challenge to its $4.3 billion Clarcor acquisition, a source with knowledge of the case told Law360 on Thursday.

  • November 2, 2017

    Judge Urged To Reject More Safety Steps For Dakota Pipeline

    The Army Corps of Engineers and Dakota Access LLC each urged a D.C. federal judge on Wednesday not to require them to take extra safety measures while the agency conducts further environmental review of the company’s crude oil pipeline, saying the steps sought by two Native American tribes aren’t needed.

  • November 2, 2017

    NJR To Buy Former Pa. Oil Pipeline For $166M

    New Jersey Resources unit Adelphia Gateway LLC will buy an 84-mile former oil pipeline in Pennsylvania from Talen Energy Corp. subsidiary Talen Generation LLC for about $166 million, with plans to repurpose the system to deliver natural gas to the Philadelphia region, NJR announced Thursday.

  • November 2, 2017

    EPA Rebuffs States' Bid To Expand Ozone-Reduction Region

    The U.S. Environmental Protection Agency has rejected a petition from nine Northeast states seeking to add several downwind states to a regional ozone-reduction program, according to a notice scheduled to be published in the Federal Register on Friday.

  • November 2, 2017

    BLM Takes Step To Undo Gas Venting And Flaring Rule

    The Bureau of Land Management on Wednesday sent to the White House for review a proposal to rescind or revise an Obama-era regulation aimed at limiting venting and flaring from gas wells on federal lands, which is the final step before it is made public.

  • November 2, 2017

    Exxon, Others Can't Ditch NJ Gas Station Cleanup Suit

    Exxon Mobil Corp. and other companies will have to face claims by the New Jersey Department of Environmental Protection that the corporations are on the hook to pay for cleanup at five gas stations that allegedly contaminated groundwater, a New Jersey federal judge ruled Wednesday, rejecting the more narrow standard Exxon had proposed for the case.

  • November 2, 2017

    Nonprofit Urges High Court To Hear EPA Jobs Analysis Row

    The Fourth Circuit dropped the ball when it said the federal courts don't have authority to force the U.S. Environmental Protection Agency to bulk up its analysis of the impact on jobs from air pollution rules, a nonprofit told the U.S. Supreme Court on Wednesday.

  • November 1, 2017

    Window Company Founder Seeks $500M Share Exchange TRO

    The founder of a California-based “smart windows” company has accused the firm’s directors of trying to improperly convert more than $500 million of potentially invalidated shares into authorized stock, in a Chancery Court temporary restraining order brief released Tuesday.

  • November 1, 2017

    Ex-Apache Corp. Engineer Settles SEC Claims For $436K

    A former Apache Corp. engineer will pay $436,000 to settle claims he made insider trades in Apache stock ahead of a big announcement about a new source of oil being developed by the company, the U.S. Securities and Exchange Commission said Wednesday.

  • November 1, 2017

    Pruitt's Grant Ban Stokes Concerns About EPA's Integrity

    U.S. Environmental Protection Agency head Scott Pruitt said his recent decision to prohibit members of the agency’s scientific advisory committees from receiving EPA grants will reduce conflicts of interest, but experts say the move could exclude many of the nation’s best environmental scientists and damage the agency’s scientific integrity.

  • November 1, 2017

    Feds Escape $6M Claim For Pipeline Accident

    A Texas federal court ruled the federal government is not responsible for paying a government contractor’s share of a $13.9 million judgment from a dredging accident resulting from the Army Corps of Engineers’ failure to identify a pipeline at the site of a contract, saying the company was negligent in failing to consult other updated sources of information.

  • November 1, 2017

    Armstrong Energy Files For Bankruptcy To Facilitate Biz Sale

    Missouri-based thermal coal producer Armstrong Energy Inc. filed for bankruptcy on Wednesday to facilitate the sale of the company to a group of creditors and a coal mining competitor, blaming its decline on debt obligations in excess of $100 million and external pressures on the industry at large.

  • November 1, 2017

    Calif. AG Suit Over BP Natural Gas Charges Likely Survives

    A BP PLC unit sought to convince a skeptical San Francisco federal judge Wednesday to rethink his tentative ruling allowing a $300 million False Claims Act suit against the company to proceed, arguing the California Attorney General’s Office couldn’t point to specific violations of a contract that caps natural gas rates for taxpayers.

  • November 1, 2017

    Cummins Loses On Labor Cert. After Rejecting U.S. Applicant

    The Board of Alien Labor Certification Appeals on Tuesday affirmed the denial of a certification for a mechanical development technical specialist job at Cummins Inc. after the engine production company rejected a U.S.-based applicant without properly verifying whether he met all the job’s requirements.

  • November 1, 2017

    Bracewell Adds Skadden Energy Regulatory Pro To DC Office

    Bracewell LLP on Wednesday welcomed a veteran Skadden Arps Slate Meagher & Flom LLP energy regulatory partner to its Washington, D.C., office, making it eight hires in the past eight months for the firm's outpost in the nation's capital.

  • November 1, 2017

    USCIS Sued Over EB-5 Delay On $747M Calif. Solar Project

    A California EB-5 regional center filed suit against U.S. Citizenship and Immigration Services in D.C. federal court Tuesday, saying the agency has unreasonably delayed processing its application seeking to include a $747 million solar energy plant project in the immigrant investor program.

Expert Analysis

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Series

    What I Learned In My 1st Year: Leave Your Comfort Zone

    Tara Kaushik

    As a baby lawyer, I took on a challenging case representing pro per detainees in county prisons. In the process, I learned how to deal with contentious opposing counsel, advocate for my clients with credibility, and trust my gut feelings, says Tara Kaushik of Holland & Knight LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • GAO Report May Impact PHMSA Pipeline Safety Inspections

    Laura LaValle

    The U.S. Pipeline and Hazardous Materials Safety Administration uses its Risk Ranking Index Model to determine the frequency with which pipelines must be inspected. But a new report by the U.S. Government Accountability Office, questioning the assumptions behind the model, seems likely to lead to changes in pipeline inspection procedures, say Laura LaValle and Hana Vizcarra of Beveridge & Diamond PC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Mass. Clean Energy Standard Reshapes Energy Landscape

    Eric Runge

    With the regulations it issued last month, Massachusetts maintains its leadership position among states seeking to achieve ambitious clean and renewable energy goals. The Clean Energy Standard will create major new investment opportunities and impact the wholesale power markets in significant ways, says Eric Runge of Day Pitney LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.