• April 9, 2018

    Pruitt’s Alleged Acts Draw Scrutiny From Ethics Office

    The U.S. Office of Government Ethics voiced concerns about reports that U.S. Environmental Protection Agency Administrator Scott Pruitt rented a condo with lobbyist ties and improperly shuffled staff who questioned his behavior in a letter to the EPA's chief ethics officer on Friday.

  • April 9, 2018

    Kinder Morgan Stops Nonessential Work On Canada Pipeline

    All nonessential work on Kinder Morgan Inc.’s Trans Mountain pipeline expansion has been brought to a halt, the company said in an announcement Sunday, adding that it would pump no more “shareholder resources” into the project in the face of political opposition.

  • April 9, 2018

    Federal Agency Chiefs Ink Deal To Speed Up Project Reviews

    Several heads of U.S. agencies on Monday inked an agreement to coordinate federal environmental reviews of major infrastructure developments, following through on President Donald Trump's executive order seeking to speed up permitting for pipelines, highways and other projects.

  • April 9, 2018

    Nigerian Oil Co. Says Shell Won't Repay Lifted Oil

    A Nigerian energy company said Monday it has launched arbitration proceedings against Royal Dutch Shell in London, accusing the company of producing oil despite selling its investment, and arguing that the company, which is embroiled in a corruption scandal centered around the oilfield, has refused to turn over profits.

  • April 9, 2018

    PJM Presses FERC To Tackle State Clean Energy Subsidies

    PJM Interconnection LLC on Monday asked the Federal Energy Regulatory Commission to greenlight plans to blunt the effects of state green policies on its wholesale electricity markets, but clean energy advocates claim the regional grid operator's proposed solutions merely tilt the playing field toward traditional power plants.

  • April 9, 2018

    High Court Could Open Door To Worldwide Patent Damages

    A case the U.S. Supreme Court is set to hear next week has the potential to shake up the law on patent damages by significantly expanding the amount of money patent owners could be able to recover to include profits lost in other countries due to infringement in the U.S.

  • April 9, 2018

    SandRidge Willing To Mull Icahn Nominees, Buyout Offer

    Oklahoma-based SandRidge Energy Inc. on Monday acknowledged activist investor Carl Icahn's plans for a proxy fight and potential takeover offer, emphasizing that it "welcomes" shareholder engagement and outlining the changes it has made since last year after nixing an acquisition unpopular with its investors.

  • April 9, 2018

    Union Reps Didn't Prejudice Well Water Trial, W.Va. Court Says

    The Supreme Court of Appeals of West Virginia has backed a jury verdict in favor of two coal companies in a suit accusing them of contaminating well water with their mining activity, saying there was no merit to arguments of improper union worker presence during the trial.

  • April 9, 2018

    Babcock & Wilcox Retirees' Health Benefits Deal OK'd

    A Pennsylvania federal judge on Friday gave final approval to an agreement that provided a class of retired Babcock & Wilcox Enterprises Inc. workers with company contributions to their health care, certifying a deal in a suit alleging the energy generator had broken the terms of a collective bargaining agreement.

  • April 9, 2018

    Pa. Justices Won't Rethink Scope Of Gas Lease Fund Use

    The Pennsylvania Supreme Court on Friday quashed an appeal from a state environmental group in a dispute over the state’s use of payments from gas leases on public lands, ruling that the appeal was premature.

  • April 9, 2018

    Morgan Stanley Fund Adds Delaware Basin Assets For $1.75B

    Texas-based natural gas and crude oil midstream company Brazos Midstream Holdings LLC has agreed to sell its Delaware Basin subsidiaries to an investment fund managed by Morgan Stanley Infrastructure Inc. for $1.75 billion, the company said Monday.

  • April 8, 2018

    Personnel Moves May Expose Pruitt To Whistleblower Claims

    U.S. Environmental Protection Agency Administrator Scott Pruitt’s deregulatory push has spawned a predictable flurry of lawsuits from green groups, but Pruitt may face legal battles on a different and perhaps unexpected front if agency workers who reportedly took flack after raising concerns about his actions decide to file whistleblower claims.

  • April 6, 2018

    Bankrupt NY Solar Co. Blasts Ex-CEO's Bid To Liquidate

    Bankrupt Level Solar Inc. hit back hard on Thursday against a bid by its former CEO to convert its restructuring to a liquidation, calling the request a “litigation tactic” by “someone who expects to be sued” and telling a New York bankruptcy court the reorganization is going swimmingly.

  • April 6, 2018

    Widow Says Mine Safety Agency Breached Duty In Explosion

    The U.S. Department of Labor's Mine Safety and Health Administration should have done more to prevent a deadly 2010 explosion at a West Virginia mine operated by a Massey Energy Co. subsidiary, the widow of one of the 29 coal miners killed in the incident alleged Thursday, on its eight-year anniversary.

  • April 6, 2018

    Court Wins May Be Moot If FERC Shifts Enforcement Course

    The Federal Energy Regulatory Commission's expansive view of its power to curb market manipulation was recently endorsed by another federal court, but attorneys say those wins may not matter much if FERC, now controlled by nominees of President Donald Trump, decides to scale back enforcement in keeping with the administration’s deregulatory approach.

  • April 6, 2018

    11th Circ. Backs Dismissal Of Suit Over Seminole Subpoenas

    The Eleventh Circuit on Friday upheld a lower court ruling dismissing a suit by a group seeking to escape subpoenas from the Seminole Tribe of Florida Inc.'s court over its connections to a Florida energy company, saying the group didn’t have standing to contest subpoenas to American Express to turn over individuals' credit card and private financial records.

  • April 6, 2018

    FERC, Mich. Utilities Spar At DC Circ. Over Retroactive Costs

    Michigan utilities told the D.C. Circuit Friday that federal law bars retroactive surcharges imposed by the Federal Energy Regulatory Commission to correct a flawed cost-share calculation for keeping an unprofitable-but-needed power plant operating, but FERC said its broad remedial authority allows it to do so.

  • April 6, 2018

    Trump Aims To Simplify Offshore Wind Regs, DOI Sec. Says

    U.S. Department of Interior Secretary Ryan Zinke told global leaders in the offshore wind sector on Friday that the Trump administration aims to simplify the industry’s regulatory process, given its key role in building the nation’s renewable energy portfolio and independence.

  • April 6, 2018

    Finnish Co. Gets $553M Areva, Siemens Reactor Settlement

    A Finnish energy company said that it will receive €450 million ($553 million) to settle a dispute with Areva SA and Siemens AG related to its work on a nuclear plant in the Nordic country after costs spiraled out of control amid delays.

  • April 6, 2018

    FirstEnergy Supplier Fight Deemed Purview Of FERC, Ch. 11

    An Ohio federal judge on Thursday found that bankrupt electric utility FirstEnergy Solutions Corp. will need the approval of both the bankruptcy court and federal regulators before it can reject power supply agreements with another utility.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Contesting FERC's Right To Impose Retroactive Surcharges

    David Perlman

    In Verso Corp. v. Federal Energy Regulatory Commission, the commission is arguing that it has broad authority to make regional transmission organizations impose surcharges on customers where necessary to pay refunds ordered under Section 206 of the Federal Power Act. The D.C. Circuit's decision in this dispute will have significant implications for FERC’s authority going forward, say attorneys with Bracewell LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • PG&E Ruling May Mean More Challenges To Incentive Adders

    Paul Pantano Jr.

    The Ninth Circuit recently rejected the Federal Energy Regulatory Commission’s grant of incentive adders to Pacific Gas & Electric’s rate of return calculations for the utility's continued participation in the markets operated by the California Independent System Operator. The decision may open the door for more challenges to public utilities’ rate filings, say attorneys with Willkie Farr & Gallagher LLP.

  • High Court May Consider Ending Hypothetical Jurisdiction

    William Adams

    A little-discussed petition for certiorari — Vitol v. Autoridad de Energía Eléctrica de Puerto Rico — presents the important question of whether a lower federal court may resolve a case on the merits without determining whether Congress has granted it jurisdiction to do so. This implicates weighty issues concerning separation of powers, federalism and preclusion, say William Adams and Owen Roberts of Quinn Emanuel Urquhart & Sullivan LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Cos. Take Note: Singapore Plans Deferred Prosecutions

    Daniel Chia

    The government of Singapore recently announced that it may implement a deferred prosecution agreement framework, similar to those under the United States’ Foreign Corrupt Practices Act and the United Kingdom’s Bribery Act. Corporations doing business in Asia should review policies and procedures against illegal activity, say Daniel Chia and Kenneth Kong of Morgan Lewis & Bockius LLP.

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.