Energy

  • 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.

  • October 02, 2019

    Gov. Can't Break Up, Shake BLM Sage-Grouse Suit

    An Idaho federal court on Wednesday blocked the Trump administration's attempt to break up a lawsuit challenging its sage-grouse protection policies and scatter them to separate courts, siding with environmental groups who argued the conservation plans for eight Western states should be considered together.

  • October 02, 2019

    Protests Pose Threat To Natural Gas Golden Age, Panel Says

    The golden age of natural gas is here, but how long it will last depends largely on how the industry responds to headwinds coming from the growing number of climate change activists, experts said Wednesday during a Houston energy panel.

  • October 02, 2019

    Calif. Appeals Court Finds City Fuel Storage Tax Improper

    A California city’s tax on liquid fuel storage facilities wasn’t a business license tax but an improper real property tax, a state appeals court said Wednesday, reversing a lower court decision.

  • October 02, 2019

    Gov't Says No Need To Revisit FCA Dismissal Authority

    The federal government urged an Idaho federal court on Tuesday to block a whistleblower from appealing the dismissal of his False Claims Act suit involving a U.S. Department of Energy funding agreement, saying its FCA dismissal authority is a settled issue in the Ninth Circuit.

  • October 02, 2019

    PG&E Case Attys Blast Fee Application Protocol

    Counsel for Pacific Gas and Electric Co., the utility’s board of directors and the unsecured creditors in its bankruptcy case have jointly claimed the court-appointed fee examiner is seeking to impose excessively strict caps and unnecessary barriers to their fee applications.

  • October 02, 2019

    Perenco Seeks OK Of $411M Award Against Ecuador

    A Bahamas-incorporated oil company asked a D.C. federal court on Tuesday to confirm a $411 million arbitration award issued recently against Ecuador in a long-running dispute over the allocation of profits from two oil blocks in the Amazon.

  • October 02, 2019

    4th Circ. Revives Chesapeake Lease Suit Over Undrilled Wells

    A Chesapeake Energy Co. unit may have violated the terms of a West Virginia drilling lease by consolidating the property into a larger parcel and using wells drilled elsewhere to satisfy its obligations to a landowner, the Fourth Circuit has ruled.

  • October 02, 2019

    Three Crowns Expands Into Middle East With Bahrain Office

    Three Crowns opened a new office in Bahrain on Tuesday, marking the specialist international arbitration law firm's first expansion since it was launched with offices in London, Paris and Washington, D.C., more than five years ago.

Expert Analysis

  • Gas Pipeline Group's Meeting Signals Stricter Safety Rules

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    At its recent meeting, the Gas Pipeline Advisory Committee recommended that the U.S. Pipeline and Hazardous Materials Safety Administration largely move forward with new pipeline safety rules laid out by the Obama administration. The GPAC’s recommendation could represent a dramatic turning point for the industry, says Keith Coyle of Babst Calland.

  • Workplace Safety's Little-Known Hammer: The Clean Air Act

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    Although the Trump administration recently proposed to repeal some of the Clean Air Act's workplace safety requirements, it will likely not decrease the U.S. Environmental Protection Agency's ongoing enforcement trend for these CAA provisions, which has largely gone unnoticed, say Randy Brogdon and Richard Pepper at Troutman Sanders.

  • Persuasive Use Of Financial Models In Utility Ratemaking

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    The Federal Energy Regulatory Commission recently closed the comment period for its examination of whether, and if so, how, to revise its public utility ratemaking procedures. Parties to ratemaking decisions should take heed of FERC's endorsement of using multiple financial models when setting rates, say Jimmie Zhang and Brien Sheahan of the Illinois Commerce Commission.

  • Compliance Imperatives For Defensible Data Disposal

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    Companies in a host of industries have recently faced steep compliance fines for data breaches from domestic and international regulators. Defensible disposal of corporate data presents an excellent opportunity to mitigate the impact of these data-driven risks, says Julia Brickell of H5.

  • A Litigator’s Reflections From The Arbitrator’s Chair

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    The U.S. Supreme Court's opinions this term in Henry Schein and Lamps Plus remind us of the fundamental difference between arbitration and litigation. Yet, as a commercial litigator who serves as a neutral arbitrator, I have observed that experienced litigators often fail to adapt their approach in arbitration, says Paula Litt at Honigman.

  • 5 Hard Phrases Lawyers Should Master

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    While Kelly Corrigan's popular book, "Tell Me More: Stories About the 12 Hardest Things I’m Learning to Say," focuses on simple words or phrases that individuals can use to improve their personal lives, attorneys can utilize Corrigan's advice for professional benefit, says Karen Ross of Tucker Ellis.

  • A Plan To Meet New York's Expanded Energy Storage Goals

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    To reach its recently established goal of 3 gigawatts of energy storage capacity by 2030, New York state must continue financial incentives for energy storage development, increase utilities' energy storage requirements and set up a framework for accurate valuation of energy storage resources, say Danielle Mettler-LaFeir and Ekin Senlet of Barclay Damon.

  • E-Discovery Experts Could Increase Fed. Court Efficiency

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    As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

  • Fed. Circ. Limits Gov't Contractors' Litigation Cost Claims

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    The Federal Circuit's July 16 decision in Bechtel National v. United States upholds the precedent set in Geren v. Tecom, making it harder for contractors to argue government agencies indicated their willingness to reimburse them for third-party litigation expenses through contract terms, say attorneys at Arnold & Porter.

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • The Latest Executive Order On Buying American Has Teeth

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    Earlier executive orders aimed at strengthening compliance with the Buy American Act were essentially position statements. Monday’s executive order differs, however, because it proposes a textual change to the Federal Acquisition Regulation, one that would have wide-ranging, potentially disruptive effects on government contractors, say attorneys at Covington.

  • The Nondelegation Doctrine And Enviro Regs, Post-Gundy

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    The U.S. Supreme Court’s recent decision in Gundy v. United States may have opened the door to a revitalization of the long-dormant nondelegation doctrine. Such a shift could make it difficult for a future administration to deal with climate change without congressional action, say William McGrath and Jeffrey Jay of Brownstein Hyatt.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

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