Energy

  • October 04, 2019

    DC Tackles Sovereign Immunity In $9B Nigeria Award Fight

    The D.C. Circuit on Friday expressed concern that nations might use a sovereign immunity defense as a delaying tactic to stave off enforcement of an unfavorable arbitral award, as Nigeria and an engineering firm faced off in an appeal relating to the enforcement of a $9 billion arbitral award.

  • October 04, 2019

    EPA Pledges Biofuel Requirements Boost As Refiners Fume

    The U.S. Environmental Protection Agency on Friday said it will further boost federal transportation biofuel requirements as President Donald Trump looks to placate angry corn-producing states, but the move already has the petroleum industry crying foul.

  • October 04, 2019

    5th Circ. Won't Revive $220M Cobalt Insurer Fight In Fed Court

    A dispute over whether two insurers must pay for Cobalt International Energy Inc.'s $220 million securities class action settlement will have to play out in state court, the Fifth Circuit ruled Thursday.

  • October 04, 2019

    Platinum Prosecutors To Appeal Acquittal, New Trial Orders

    Brooklyn federal prosecutors indicated Friday they plan to appeal a ruling that tossed the convictions of two former executives at defunct hedge fund Platinum Partners, a ruling in which the judge found it would be a “manifest injustice” not to grant one man an acquittal and the other a new trial.

  • October 04, 2019

    Investors Want Space Co. To Turn Over Kazakh Docs

    Moldovan investors attempting to collect on an arbitral award of more than $500 million issued against Kazakhstan asked a D.C. federal judge to order a U.S. commercial space flight company to provide information on satellite launches that could show the country has American commercial interests.

  • October 04, 2019

    Latham, Gibson Dunn Steer $6.2B Hess Midstream Deal

    Hess Midstream Partners said Friday it will acquire Hess Infrastructure Partners in a roughly $6.2 billion deal steered by Latham & Watkins and Gibson Dunn.

  • October 04, 2019

    Taxation With Representation: Sullivan, Fried Frank, Milbank

    In this week’s Taxation with Representation, Japan’s Tokio Marine buys property insurance company Pure Group for $3.1 billion, Blackstone takes a controlling stake in Great Wolf Resorts, U.S. Steel takes a stake in Big River Steel, and Roan Resources intends to sell itself to Citizen Energy.

  • October 04, 2019

    Elk Petroleum Wins Nod For Ch. 11 Plan Confirmation

    Colorado-based oil and gas producer Elk Petroleum Inc. secured Chapter 11 confirmation for its two main affiliates Friday under an uncontested amended plan that capped nearly five months of battling in Delaware's bankruptcy and Chancery courts.

  • October 04, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen litigation funder Burford Capital sue the company that runs London's stock exchange, the director of a film partnership drag HSBC into court in connection with a failed tax scheme, and the Serious Fraud Office pursue civil recovery against a Malaysian tycoon. Here, Law360 looks at those and other new claims in the U.K.

  • October 04, 2019

    High Court To Review 4th Circ.'s Atlantic Coast Pipeline Ruling

    The U.S. Supreme Court on Friday agreed to review the Fourth Circuit's invalidation of the U.S. Forest Service's authorization for the $7 billion Atlantic Coast gas pipeline, which the agency and the project's developers claimed could stifle East Coast energy infrastructure development.

  • October 03, 2019

    Army Corps Didn't Properly Monitor Maria Contracts, OIG says

    The U.S. Army Corps of Engineers failed to properly monitor Puerto Rico power grid restoration contractors following Hurricane Maria, leading to more than $50 million in potentially unallowable claims, a U.S. Department of Defense watchdog said in a report released Thursday.

  • October 03, 2019

    Alaska Tells FERC $45B Pipeline Project Won't Do Harm

    The state-owned developer of a proposed $45 billion liquefied natural gas pipeline in Alaska tried to convince the Federal Energy Regulatory Commission on Thursday that the project isn't environmentally unsound.

  • October 03, 2019

    Valero Refinery Worker Burned In 'Superheated Soil' Can't Sue

    A Texas appellate court on Thursday affirmed the dismissal of a Valero Energy Corp. refinery worker's negligence lawsuit against three of the company's contractors stemming from burns he suffered after falling into "superheated soil" at a Corpus Christi refinery.

  • October 03, 2019

    Sidley Snags Bracewell Renewable Energy, Projects Duo

    Sidley Austin LLP has bolstered its energy and infrastructure practice group in Houston and New York, hiring away two partners who led practice groups at Bracewell LLP.

  • October 03, 2019

    Pa. Township Erred With Gas Drilling 'Overlay,' Panel Told

    A Pennsylvania community didn’t fully weigh the potential effects of drilling and hydraulically fracturing for gas in the Marcellus Shale when it created a “mineral extraction overlay” district that covered half the town, an environmental group told a Commonwealth Court of Pennsylvania panel Thursday in Pittsburgh.

  • October 03, 2019

    Halliburton, Ex-Employee Reach Settlement In Wage Suit

    Halliburton Energy Services Inc. has settled a suit from a former truck driver who claimed the energy giant flouted California state law by allegedly shorting workers on wages and not properly paying them overtime.

  • October 03, 2019

    Blackhawk Seeks $35M Boost For Confirmed Del. Ch. 11 Plan

    Citing revenue shortfalls, weakened coal markets and a longer-than-expected bankruptcy stay, Blackhawk Mining LLC sought an extra $35 million in post-petition borrowing Wednesday for its already confirmed Delaware Chapter 11.

  • October 03, 2019

    Recom AG Must Pay Up On $1.8M Arbitration Award

    Recom AG must make good on a $1.8 million judgment to a construction company alleging it failed to deliver solar panels for a project, a New Jersey federal judge ruled Thursday, despite the supplier’s legal counsel woes.

  • October 03, 2019

    Bayou Steel Plans Quick Asset Sale In Ch. 11 Case

    Louisiana steel mill operator Bayou Steel BD Holdings LLC told a Delaware bankruptcy judge Thursday that a rapid sale process is critical to its Chapter 11 case as it is facing serious liquidity challenges.

  • October 03, 2019

    DOJ Wants In On 8th Circ. Oral Arguments In Minn. Grid Fight

    The U.S. Department of Justice's Antitrust Division has asked the Eighth Circuit to let it participate in oral arguments in a case challenging a Minnesota law that gives in-state utilities a right of first refusal before out-of-state companies can build new transmission lines.

  • October 03, 2019

    Texas Utility Board Can't Be Deposed In Wrongful Death Suit

    The board of directors of a Texas electric cooperative will not have to sit for depositions in a lawsuit alleging the company caused the death of a man who required an oxygen concentrator machine when it shut off his electricity, a Texas appellate court held Thursday.

  • October 03, 2019

    DC Circ. Told To Deny Ukraine Bid To Pause $112M Award Suit

    A Russian energy company urged the D.C. Circuit to deny Ukraine's bid to put a hold on a ruling that found the country waived its sovereign immunity defense in litigation to enforce a $112 million arbitral award, pending possible U.S. Supreme Court review of the decision.

  • October 03, 2019

    Pa. To Join Cap-And-Trade Program To Curb Emissions

    Pennsylvania Gov. Tom Wolf ordered the state to join the multistate Regional Greenhouse Gas Initiative and its cap-and-trade program designed to slash power-sector carbon emissions Thursday — a major move from a state that generates more than half its electricity from coal and natural gas.

  • October 03, 2019

    New EU Tax Commissioner Pledges Carbon Border Tax

    The European Union's new commissioner for the economy and taxation, while being grilled by European Parliament members at his swearing-in Thursday, said the bloc will start work quickly on a new carbon border tax.

  • October 02, 2019

    Broker Files DQ Bid In 'Man Camp' Securities Fraud Case

    A Singaporean sales agent accused of participating in a $62 million Ponzi scheme has moved to disqualify one of the attorneys handling the case against him, saying the attorney committed "shocking" ethical violations by pursuing the suit even though he once advised the sales agent about related matters.

Expert Analysis

  • New Insights On Privilege, Ethics Duties For In-House Attys

    Author Photo

    A New York federal court's recent decision in Fischman v. Mitsubishi Chemical Holdings dispels the notion that in-house legal advisers are prohibited from using information about their employers in pursuing discrimination claims against them, says Jessica Westerman at Katz Marshall.

  • How A New Law Affects Texas Wind Farm Leases

    Author Photo

    Wind energy developers should note that a new Texas law, imposing specific obligations on them related to the removal of wind projects, contains financial assurance provisions that are more landowner-centric than project-centric, says Madison Benedict at Husch Blackwell.

  • New Best Practices Under E-Discovery Spoliation Rule

    Author Photo

    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

    Author Photo

    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • ESA Rule Changes Less Drastic Than Critics Claim

    Author Photo

    While environmentalists say that revised Endangered Species Act implementing regulations recently published by the U.S. Fish and Wildlife Service and National Marine Fisheries Service will gut the law, many of the updates are consistent with the services’ long-standing policies and practices, say Rebecca Barho and Brooke Wahlberg of Nossaman.

  • Bankruptcy Courts' Turf War With FERC Escalates

    Author Photo

    Recent Chapter 11 filings by Pacific Gas & Electric and FirstEnergy Solutions have reignited debate over whether U.S. bankruptcy courts can reject contracts regulated by the Federal Energy Regulatory Commission. The crux of the problem lies in conflicting jurisdiction conferred by the Bankruptcy Code and the Federal Power Act, say Paul Green and Mark Douglas of Jones Day.

  • How Europe’s Energy Regulators Are Tackling Market Abuses

    Author Photo

    European regulators are increasingly cracking down on manipulation of the European wholesale energy market, with pending investigations that may result in fines, lawsuits and criminal proceedings. This enforcement wave comes as means to detect market manipulation have become more sophisticated, says Gabriele Haas of Dentons.

  • Anticipating Insurance Issues Raised By Climate Change Suits

    Author Photo

    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

    Author Photo

    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • What EPA Plan To Count Emission Decreases Means For Cos.

    Author Photo

    The U.S. Environmental Protection Agency recently proposed a rule explicitly allowing consideration of emissions decreases from a project in determining whether the project causes a significant emissions increase from an existing source. This makes it more likely that state regulators will follow the same approach, says Andrew Sawula of Schiff Hardin.

  • House And Senate Pipeline Bills: Ships Passing In The Night

    Author Photo

    The Pipeline Safety Act is up for reauthorization this year, and both the Democratic House and Republican Senate have produced draft legislation. But it is unlikely that Congress will meet the reauthorization deadline of Sept. 30, because the bills have almost no common ground, say attorneys at Troutman Sanders.

  • 2 Insurance Coverage Issues Raised By Cyber Warfare

    Author Photo

    As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

  • Opinion

    New Ohio Energy Law Impairs Competition, Reverses History

    Author Photo

    Ohio’s governor recently signed legislation that will subsidize four uncompetitive electricity-producing nuclear and coal plants, remove financial incentives to build more renewable energy projects and curtail energy efficiency programs. The law turns back the clock at the expense of ratepayers, says Richard Drom of Eckert Seamans.

  • How Electric Power Group Case Is Affecting Software Patents

    Author Photo

    The Federal Circuit's 2016 Electric Power Group v. Alstom decision, more frequently applied of late, and its progeny pose a serious risk to software inventions. As a result, knowing how to avoid Section 101 invalidity risk is critical when drafting software patents, says Michael Kiklis of Bass Berry.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

    Author Photo

    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

Can't find the article you're looking for? Click here to search the Energy archive.