Energy

  • October 10, 2019

    $9M Award Nixed After Jury Shown Unredacted Insurance Doc

    Jurors were wrongly allowed to consider an unredacted document that showed a drilling company had $9 million in insurance coverage and used that information when deciding to give an injured worker a $9 million award, a Texas appellate court ruled Thursday, ordering a new trial.

  • October 10, 2019

    Suit Over $112M Ukraine Award To Stay Paused For Now

    Litigation filed by Russian energy company PAO Tatneft to enforce a $112 million award it won following the forced takeover of Ukraine's largest refinery will remain on hold while Ukraine seeks U.S. Supreme Court review of a decision that rejected its sovereign immunity defense.

  • October 10, 2019

    EdgeMarc Energy Has No Path Forward With Ch. 11

    EdgeMarc Energy's unsecured creditors have asked to convert the case to a Chapter 7 liquidation, accusing the debtor of simply drifting along after an asset sale brought in $50 million in August, and failing to pursue valid claims against a pipeline company and its own secured creditors.

  • October 10, 2019

    Rising Star: Susman Godfrey's Ashley McMillian

    The energy litigation resume of Susman Godfrey's Ashley McMillian includes helping Apache Deepwater win a $43.2 million verdict in an offshore drilling decommissioning dispute, earning her a spot among the energy attorneys under age 40 honored by Law360 as Rising Stars.

  • October 10, 2019

    WilmerHale Guides RigUp's $300M Funding Round

    RigUp, steered by WilmerHale, said Thursday it raised $300 million in its latest funding round to help expand its renewable energy, midstream oil and gas, and downstream operations.

  • October 09, 2019

    Alaska Justices Appear Open To Reviving Youths' Climate Suit

    The Alaska Supreme Court appeared open Wednesday to reviving a lawsuit brought against the state by young Alaskans who assert they have a constitutional right to a stable climate, with one justice saying they don't need to "get into the science" to declare that such a right exists.

  • October 09, 2019

    Feds Want Wives' Testimony Out Of Ecuador Bribery Case

    Federal prosecutors asked a Florida federal judge Wednesday to exclude testimony from the wives of four alleged co-conspirators of a former financial adviser charged with bribing Ecuadorian oil officials when he goes on trial next week in Miami, calling it a waste of time.

  • October 09, 2019

    LA Residents Get OK On $32M Gas Bill Overcharge Deal

    A California judge gave final approval Wednesday to a $32.5 million deal that resolves allegations that the City of Los Angeles overcharged 1.3 million residents millions of dollars by illegally including unrelated state fees when calculating the gas user tax added to their natural gas bills.

  • October 09, 2019

    Orrick Nabs Jones Day Int'l Arbitration Duo In Paris

    Orrick Herrington & Sutcliffe LLP has added to its international arbitration practice two former Jones Day attorneys, both of whom bring extensive experience representing both states and investors in the energy, construction and infrastructure sectors in complex arbitrations.

  • October 09, 2019

    2nd Circ. Won't Send NY Pipeline Appeal To DC Circ.

    The Second Circuit has rejected two National Fuel Gas Co. subsidiaries' request that it transfer a dispute to the D.C. Circuit concerning whether New York state environmental regulators waived their authority when they denied a Clean Water Act permit for a $455 million natural gas pipeline project.

  • October 09, 2019

    Subcontractor Costs Deductible, Rig Co. Tells Texas Justices

    An oil rig repair company in Texas urged the state Supreme Court on Wednesday to allow it to include certain subcontractor payments in its “cost of goods sold” subtraction to reduce the calculation of the company's franchise tax liability.

  • October 09, 2019

    PG&E Judge Clears Way For Rival Ch. 11 Plans

    A U.S. bankruptcy judge Wednesday terminated Pacific Gas & Electric Co.'s exclusive right to file a Chapter 11 reorganization plan, clearing the path for a competing plan by PG&E bondholders just two days after attorneys for Northern California wildfire victims told him the utility's plan wouldn't make them whole.

  • October 09, 2019

    EPA's Auto GHG Moves Show Challenge Is Ripe, Enviros Say

    Seeking to allay D.C. Circuit concerns that the Trump administration's decision to revise Obama-era vehicle greenhouse gas emissions standards isn't a final, reviewable action, challengers said Wednesday that the feds have already treated the change as final by using the decision to help justify their rule overriding states' ability to set their own standards.

  • October 09, 2019

    EPA Sued For Lifting Restrictions On Pebble Mine Project

    Opponents of a massive gold and copper mining project in Alaska have filed three separate lawsuits against the U.S. Environmental Protection Agency, arguing that it arbitrarily withdrew proposed restrictions on the project and placed a major sockeye salmon fishery in harm's way.

  • October 09, 2019

    Coal Plant Sued Over Dumping Hot Water Into Allegheny River

    The Sierra Club claims a coal power plant is violating federal and state environmental protection laws by discharging heated wastewater into the Allegheny River, according to a lawsuit filed in Pennsylvania federal court Tuesday.

  • October 09, 2019

    Shell Beats Gas Station Manager's Joint Employer OT Suit

    A California appeals court has upheld Shell Oil's quick victory in a case blaming the energy giant for wage-and-hour violations, saying the gas station manager who sued Shell couldn't show the company was his joint employer.

  • October 09, 2019

    FERC Says DC Circ. Need Not Revisit Pipeline Appeal Delays

    The Federal Energy Regulatory Commission has urged the D.C. Circuit not to revisit its approval of a $1 billion Atlantic Sunrise pipeline project, saying the court got it right the first time when it upheld the commission's practice of stretching out the administrative appeals process for pipeline objections.

  • October 09, 2019

    Enviros Lose Bid To Sink NY Nuke Plant Subsidies

    A New York state judge on Tuesday rejected a bid from environmental groups to strike down the Empire State's program offering subsidies to prop up struggling nuclear power plants, saying it's a legally justified component of the state's efforts to slash carbon emissions.

  • October 09, 2019

    It's Time For Ameren To Pay For Pollution, Gov't Says

    The federal government has blasted efforts by coal plant operator Ameren Corp. to delay a court order to bring two Missouri coal-burning facilities in line with environmental standards, pushing back on the energy supplier’s claims that the project will cost ratepayers $2 billion.

  • October 09, 2019

    Trump Reins In Regulators' Enforcement Powers

    President Donald Trump signed a pair of executive orders Wednesday that require agencies to publish all informal guidance and limit its use in enforcement, targeting what conservatives call bureaucratic overreach and secret rulemaking.  

  • October 09, 2019

    Halliburton To Pay Muslim Workers $275K To End EEOC Suit

    Halliburton Energy Services will pay $275,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against two Muslim employees by creating a hostile work environment in which they were ridiculed for their religion and national origins.

  • October 09, 2019

    Rising Star: Sidley Austin's Tim Chandler

    In the past two years, Sidley Austin’s Tim Chandler has closed 36 deals in the energy and infrastructure industry with a cumulative value of more than $15 billion, earning him a spot as one of five energy attorneys under 40 honored by Law360 as Rising Stars.

  • October 08, 2019

    Enviros Sue Feds Over Colo. Oil & Gas Lease Plan Analysis

    The federal Bureau of Land Management failed to look closely enough at the climate change  impact of a plan that allows oil and gas leasing across more than 900,000 acres in western Colorado, environmentalists alleged in a lawsuit filed Tuesday.

  • October 08, 2019

    Chancery Rejects Toss Of Suit Over Baker Hughes-GE Deals

    The Delaware chancellor on Tuesday refused to toss a consolidated derivative suit filed by Baker Hughes Inc. investors accusing controlling stockholder General Electric Co. of using its influence over the oil field services company's board to pursue self-interested transactions to funnel cash to itself amid a liquidity crisis.

  • October 08, 2019

    Feds Ask To Delay Next Platinum Trial While Appeal Plays Out

    Prosecutors on Tuesday asked a New York federal judge to delay the upcoming bond fraud trial of a former Platinum Partners managing director pending their expected appeal of the judge's ruling that gave a new trial to the hedge fund's co-founder and acquitted another executive.

Expert Analysis

  • Laying The Groundwork For Next-Generation Nuclear Energy

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    Nuclear energy enjoys bipartisan support, as evidenced by a range of recent and pending federal legislation that could help revive the U.S. nuclear industry, say attorneys with Morgan Lewis.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Commerce Move Affects Exports To Chinese Nuclear Co.

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    The U.S. Department of Commerce’s recent addition of China's largest nuclear power company, the China General Nuclear Power Group, to its entity list dramatically increases the scope of U.S. export restrictions on CGN, even prohibiting the export of low-technology consumer goods and software, say attorneys at Winston & Strawn.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

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    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • Opinion

    Utilities Need Timely Project Review For Reliable Service

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    National Parks Conservation Association v. Semonite, in which a Virginia utility faces possibly having to dismantle a previously approved transmission line due to drawn-out litigation, points to the need for time limits on court review of infrastructure projects, say Alan Seltzer and John Povilaitis of Buchanan Ingersoll.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Congress' Clean Energy Plans Carry Major Market Implications

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    A number of bills recently introduced in Congress seek to expand market penetration of renewable energy resources. This will mean significant changes to regulatory structures and the operation of wholesale electricity markets, and will require forward planning by all industry participants, say George Cannon and Andrew Phillips of Akin Gump.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Electric Sector Cyber Directive Stresses Incident Reporting

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    To prepare for the implementation of the North American Electric Reliability Corporation’s new cybersecurity directive for bulk electric systems, affected organizations should develop detailed incident response plans, and consider drills to test compliance, say attorneys at Blake Cassels.

  • Opinion

    Consumers Deserve Retail Electric Power Competition

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    A recently updated report from the Massachusetts attorney general's office asserts that retail electric competition has led to nothing but losses — but this does not take into account that some consumers are willing to pay a premium for certainty in electric rates, or for a generation mix that includes renewable energy, says John Shope of Foley Hoag.

  • Legal Options For Pipeline Companies Stymied By Tree-Sitters

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    While a Virginia federal judge recently rejected efforts by Mountain Valley Pipeline to join two unnamed tree-sitters as defendants in a Natural Gas Act eminent domain action, the court's opinion points toward other remedies available to pipeline companies facing tree-sitter obstruction, says Arthur Schmalz of Hunton.

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