• May 16, 2017

    EPA Gets An Earful On Its Regulatory Reform Agenda

    The U.S. Environmental Protection Agency's call for comments on its regulatory reform agenda prompted more than 60,000 submissions by Monday's deadline, drawing praise from supporters who say the agency could free businesses from burdensome regulations and outrage from critics who warn a regulatory rollback could endanger public health.

  • May 16, 2017

    Carlton Knocks PetroChina’s 'New Arguments' In $1B Oil Spat

    Carlton Energy Group LLC asked a Texas federal court Monday to strike allegedly new arguments raised by PetroChina Co. Ltd. and related entities as they try to have Carlton's suit relating to an African oil field dispute potentially worth $1 billion paused during arbitration.

  • May 16, 2017

    SolarCity Suit Paused Till Justices Review Arbitration Case

    A federal magistrate judge on Monday partially paused a lawsuit brought against SolarCity Corp. in California federal court by a group of workers alleging overtime violations while the U.S. Supreme Court reviews Ernst & Young LLP v. Morris, a decision that could force SolarCity employees into arbitration.

  • May 16, 2017

    Va. Gov. Eyes Cap-And-Trade With Carbon Emissions Order

    Virginia Gov. Terry McAuliffe on Tuesday inked an executive order directing state environmental regulators to craft rules that would limit carbon emissions from power plants and allow the state to establish a cap-and-trade program that can be linked with other states.

  • May 16, 2017

    Senate Dems Say EPA Pick's Lobbying Past Makes Her Unfit

    Two Democratic senators are questioning the EPA about its recent decision to appoint an ex-lobbyist for an association of electric cooperatives to a leadership position, saying in a news release announcing a letter sent to the agency on Tuesday that she “appears to be unable to perform virtually any of the duties of the job due to her ethics conflicts.”

  • May 16, 2017

    Feds Look To Nix Tribe's Suit Over Okla. Fracking Approvals

    The federal government on Monday urged a federal court to toss the Pawnee Nation of Oklahoma’s lawsuit accusing it of approving oil and gas leases and fracking permits on the tribe’s land without properly considering the environmental impacts, which links that alleged failure to a recent record-breaking earthquake in the state.

  • May 16, 2017

    Calif. Cap-And-Trade Foes Take Fight To State Supreme Court

    The California Chamber of Commerce asked the state Supreme Court on Monday to review an appeals court decision upholding the state's greenhouse gas cap-and-trade program, insisting that the auction revenues constitute an unauthorized tax.

  • May 16, 2017

    EPA Submits Coal Jobs Analysis Plan Amid 4th Circ. Appeal

    The U.S. Environmental Protection Agency on Monday laid out its plan for complying with a West Virginia federal judge's order to study the effect of the agency’s regulations on coal industry jobs, a directive sparked by a decision the EPA has appealed to the Fourth Circuit.

  • May 16, 2017

    Enviros, Union Want Trump's 2-For-1 Regs Order Sunk

    The Natural Resources Defense Council and other public interest groups on Monday asked a Washington, D.C., federal judge to strike down President Donald Trump's executive order mandating that executive agencies eliminate two regulations for every new one, saying it’s unconstitutional.

  • May 16, 2017

    6th Circ. Pauses DTE Coal Plant Suit For High Court Appeal

    The Sixth Circuit on Tuesday agreed to stay its decision reviving a U.S. Environmental Protection Agency lawsuit alleging DTE Energy illegally modified Michigan’s largest coal-fired power plant so that the company can pursue its appeal to the Supreme Court.

  • May 16, 2017

    FERC Can’t Punt On Texas Pipeline Review, DC Circ. Told

    An environmental group asked the D.C. Circuit on Monday to reverse the Federal Energy Regulatory Commission’s approval of a small portion of an Energy Transfer Partners Texas pipeline, arguing that it wrongly decided that the vast majority of the project wasn’t subject to National Environmental Policy Act review.

  • May 16, 2017

    Activist Elliott Urges BHP To Split Off Petroleum Biz

    Activist investor Elliott Management blasted BHP Billiton on Tuesday for the “swift dismissal” of its plan to improve the mining and petroleum giant’s alleged “chronic underperformance,” contending the company needs to weigh the sale or separation of its petroleum business and its other strategic options.

  • May 16, 2017

    Nigerian Oil Co. Must Share Bank Docs In $1.8B Award Fight

    A New York federal judge on Monday ordered a Nigerian state-owned oil company to hand over certain U.S. bank documents to Exxon Mobil Corp. and Royal Dutch Shell PLC subsidiaries, which have sought those and other records in their efforts to confirm a $1.8 billion arbitral award.

  • May 15, 2017

    Williams Shareholder Suit Tossed For Lack Of Board Demand

    A shareholder suit alleging breaches of fiduciary duty against the directors of The Williams Cos. LLC failed to plead facts specific enough to excuse a litigation demand on the company's board, according to an opinion issued Monday dismissing the action from Delaware state court.

  • May 15, 2017

    Entergy Nuclear Plant Chided By NLRB Judge For Illegal Rules

    A National Labor Relations Board judge on Friday ruled that Entergy Nuclear Operations Inc. implemented a series of illegal workplace rules at its Pilgrim Nuclear Power Station in Plymouth, Massachusetts, including restrictions on photographing and recording in the workplace.

  • May 15, 2017

    Squire Patton Adds UK Energy Atty From Herbert Smith

    Squire Patton Boggs LLP announced Friday it has hired a mergers and acquisitions attorney from Herbert Smith Freehills with about 25 years of experience working in the energy sector as a consultant in its energy and natural resource practice group in London.

  • May 15, 2017

    Sidley Austin Adds Ex-Vinson & Elkins M&A Partner in Dallas

    Sidley Austin LLP has hired away a former Vinson & Elkins LLP partner who will be joining its Dallas office as a partner in its mergers and acquisitions practice group, the firm announced Monday.

  • May 15, 2017

    Ex-Massey CEO Plans High Court Appeal Of Conviction

    Former Massey Energy Co. CEO Don Blankenship is out of jail and plans to appeal to the U.S. Supreme Court his conviction for conspiring to violate mine safety standards before a deadly explosion, according to court documents filed last week.

  • May 15, 2017

    9th Circ. Nixes JPMorgan Energy Rate-Fixing Suit

    A Ninth Circuit panel on Friday scuttled a proposed racketeering class action alleging that a JPMorgan Chase & Co. subsidiary fraudulently hiked electricity rates, affirming the lower court’s ruling that consumers cannot bring claims over rates that have been set by regulators.

  • May 15, 2017

    EPA Pledges To Answer Sierra Club On Pa. Mercury Issue

    The U.S. Environmental Protection Agency has agreed to respond to the Sierra Club’s petition seeking an objection to Pennsylvania regulators’ proposal to give a coal-fired power plant extra time to comply with a mercury emissions rule, according to a deal approved by a D.C. federal judge Friday.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • MLP Agreement Lessons From Delaware High Court

    Matthew J. O’Toole

    Three Delaware Supreme Court decisions over the last year illustrate that the Delaware Revised Uniform Limited Partnership Act provides a master limited partnership sponsor and its counsel substantial flexibility to privately order the affairs of an MLP. The contractual freedom is subject, however, to the limited application of the implied covenant of good faith and fair dealing, say attorneys with Potter Anderson & Corroon LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • The Corwin 'Cleansing' Continues

    Warren S. de Wied

    The recent dismissal of a challenge to Columbia Pipeline's spinoff and sale is now the fifth in a series of Delaware decisions interpreting Corwin as permitting “cleansing” of a transaction even when the approving directors allegedly had not been independent. Notably, Columbia Pipeline involved a more “vivid” conflict-of-interest issue than the previous cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.