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Energy

  • June 8, 2018

    Six Congressional Democrats Ask FBI To Investigate Pruitt

    Six congressional Democrats on Friday sent a letter to the Federal Bureau of Investigation asking it to look into whether U.S. Environmental Protection Agency head Scott Pruitt used his position to benefit himself, referencing recent accusations saying he assisted his wife's business ambitions.

  • 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.

Expert Analysis

  • 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.

  • The Many Challenges Facing Venezuela Bribery Suit: Part 1

    Richard Cooper

    The documents filed thus far in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA make clear that the standing issues in this case are complicated. The case also presents questions as to whether it will have implications for financial creditors of PDVSA and the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Trump Tariffs May Violate Investment Treaty Protections

    Javier Rubinstein

    Foreign companies affected by the America First tariffs should consider the extent to which such tariffs may violate their rights under applicable investment treaties or free trade agreements, and thus may provide them with recourse in international arbitration for the harm they have suffered, say Javier Rubinstein and Lauren Friedman of Kirkland & Ellis LLP.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • New Russian Oligarch Sanctions Will Require Prompt Action

    Grant Leach

    Last week, the U.S. Treasury Department's Office of Foreign Assets Control added several Russian oligarchs, political officials and businesses under their control to its Specially Designated Nationals and Blocked Persons List. These sanctions will likely impose serious compliance challenges for both U.S. and non-U.S. persons doing business with Russia, say attorneys with Husch Blackwell LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.