Energy

  • October 01, 2019

    BNSF, CSX, Others Hit With Flurry Of Price-Fixing Suits

    Railroad giants BNSF Railway Co., Union Pacific Railroad Co., CSX Transportation Inc. and Norfolk Southern Railway Co. were hit with multiple complaints by shippers alleging they engaged in a years-long conspiracy to use fuel surcharges to fix shipping prices and overcharge consumers by millions of dollars, after the shippers were previously denied class certification.

  • October 01, 2019

    5 Questions For The DOJ's Jeffrey Bossert Clark

    The head of the U.S. Department of Justice Environment and Natural Resources Division, Jeffrey Bossert Clark, told Law360 in an exclusive interview that the Trump administration is improving its record of defending regulatory actions after a shaky start that included losing efforts to delay implementation of chemical safety and methane emissions rules.

  • October 01, 2019

    King & Spalding Gains Ex-Squire Patton Asia Disputes Head

    King & Spalding LLP has added the former head of Squire Patton Boggs LLP's Asia-Pacific international dispute resolution practice, gaining an attorney with a wealth of experience handling complex arbitration proceedings arising in the energy and construction industries.

  • October 01, 2019

    Ukraine Oil Co. Can Seek Info In $2.56B Gazprom Award Fight

    Ukraine's state-owned oil and gas company can seek documents from Gazprom's Dallas-based oil and gas reserves auditor as the Ukrainian company pursues litigation in the Netherlands to enforce a $2.56 billion arbitral award against the Russian natural gas giant, a Texas judge ruled on Monday.

  • October 01, 2019

    PG&E Says It Has Enacted Enhanced Wildfire Protection

    Pacific Gas and Electric Co. told a California court Tuesday it is working "aggressively" to limit wildfire risk as the state's high wind season approaches while saying its equipment may have been responsible for nine significant fires so far this year.

  • October 01, 2019

    Chesapeake Must Face W.Va. Gas Lease Suit, 4th Circ. Says

    The Fourth Circuit on Tuesday revived West Virginia landowners' claims that a Chesapeake Energy Corp. unit they leased drilling rights to breached a settlement agreement, saying a lower court misinterpreted the plain language of the deal in granting Chesapeake's dismissal bid.

  • October 01, 2019

    GE Strikes $2.7M Settlement Over Payments From Cuban Co.

    General Electric Co. has agreed to pay the U.S. Department of the Treasury $2.7 million to settle claims that the company violated trade restrictions on businesses with ties to the Cuban government, according to an announcement Tuesday.

  • October 01, 2019

    Weil Nabs Energy, Private Equity Pro From King & Spalding

    Weil Gotshal & Manges LLP has added a partner from King & Spalding LLP to its energy-focused private equity practice in Houston, the firm recently announced.

  • October 01, 2019

    $4M Kickback Scheme Lands Ex-Texas Oil Exec In Prison

    The former senior vice president of an oil company was sentenced on Tuesday to two years in prison by a federal judge in Texas for helping to orchestrate a multimillion-dollar kickback scheme that involved the inflated $63 million purchase of 14 oil rigs.

  • October 01, 2019

    Show Me Emission Controls At Missouri Plants, Judge Says

    Environmentalists scored a victory in a protracted legal fight with a coal plant operator when a Missouri federal judge ordered the energy supplier to carry out emission controls long sought by the federal government at two coal-fired plants, warning he'll be watching to make sure the company demonstrates compliance.

  • October 01, 2019

    Teco Energy Secures $21M Award Against Guatemala

    A D.C. federal judge on Tuesday confirmed a $21.1 million award issued to U.S.-based Teco Energy Inc. in a dispute with Guatemala, finding that none of the Central American country’s arguments against enforcement held up to scrutiny.

  • October 01, 2019

    Chinese Solar Exporter Sues Over Commerce's Duty Rates

    One of the largest Chinese manufacturers of solar panels has sued the federal government in the U.S. Court of International Trade, alleging it used adverse facts incorrectly to calculate countervailing duties on solar cells.

  • October 01, 2019

    3 Firms Steer Brookfield's $170M Energy Co. Take-Private

    A Brookfield consortium will acquire the outstanding publicly held shares of midstream services provider Teekay Offshore Partners in a roughly $170 million take-private deal steered by Kirkland & Ellis LLP, Potter Anderson & Corroon LLP and Baker Botts LLP, Teekay Offshore said Tuesday.

  • October 01, 2019

    Challenges To Trump's Monument Cuts Proceed — For Now

    A Washington, D.C., federal judge has denied the Trump administration's efforts to sink two lawsuits challenging the president's decision to shrink two national monuments, but she left the door open for the government to try again.

  • October 01, 2019

    Del. Judge Latest To Ax Gov't Robocall Exemption From TCPA

    A Delaware federal judge found the Telephone Consumer Protection Act carve-out allowing government-backed debt collectors to use robocalls is unconstitutional, echoing several recent appellate decisions that have struck the controversial provision from the law.

  • October 01, 2019

    Chancery Nixes Spectra Investor Bid To Salvage $661M Suit

    The Delaware Chancery Court dismissed a $661 million public unitholder challenge to part of the $1.5 billion price Spectra Energy Partners accepted in a 2015 pipeline sale after a vice chancellor ruled that an allegedly undervalued litigation right included in a subsequent deal was not material.

  • October 01, 2019

    V&E, Latham Lead $1B Take-Private Deal For Energy Co. Roan

    Roan Resources, led by Vinson & Elkins, detailed plans Tuesday to sell itself to private equity-backed Citizen Energy, advised by Latham & Watkins, for $1 billion including debt, after the oil and natural gas company drew interest from a handful of potential suitors.

  • October 01, 2019

    Trump Taps FERC General Counsel To Fill Commission Seat

    President Donald Trump late Monday tapped Federal Energy Regulatory Commission general counsel and former Skadden attorney James Danly to fill a Republican commissioner opening, but the lack of a paired nominee for FERC's pending Democratic vacancy could complicate Danly's U.S. Senate confirmation process.

  • September 30, 2019

    Duracell's Battery Claims Mislead Consumers, Energizer Says

    Duracell is duping people into believing its new “Optimum” AA and AAA batteries are more powerful and longer lasting than all other batteries in the same size categories, Energizer alleged in a lawsuit filed Monday in New York federal court.

  • September 30, 2019

    Chesapeake Beats Landowners' Oil Lease Class Action

    Chesapeake Exploration LLC properly calculated and paid oil and gas royalties to landowners, an Ohio federal judge ruled Monday, granting summary judgment in favor of the oil company in a certified class action that's dragged on for nearly four years.

  • September 30, 2019

    NextEra Loses Bid To Recover $60M In Fees From EFH Ch. 11

    NextEra can't recover $60 million in administrative expenses it claimed it was owed by bankrupt Energy Future Holdings Corp. in connection with a scuttled deal to purchase the energy company’s assets, a Delaware federal judge ruled Monday.

  • September 30, 2019

    NY Says FERC Wrongly Nixed Pipeline Permit Denial

    New York environmental regulators said Friday the Federal Energy Regulatory Commission misapplied a D.C. Circuit decision setting limits on states' Clean Water Act permitting authority for energy projects when it ruled the Empire State blew a one-year deadline to act on a $683 million pipeline permit.

  • September 30, 2019

    Reed Smith Nabs Ex-Linklaters Arbitration Pro In Paris

    Reed Smith LLP has gained a former Linklaters attorney who has more than a decade of experience handling international arbitration proceedings in both Europe and Africa across various industries including construction, energy, defense and mining.

  • September 30, 2019

    9th Circ. Asked To Halt Logging In Mt. Hood National Forest

    After failing to convince an Oregon federal judge to block a logging and road-building project in the Mount Hood National Forest, environmentalists have asked the Ninth Circuit to reverse the decision allowing the Trump administration to proceed with its plan.

  • September 30, 2019

    TerraForm, Investors Agree To Reduce Settlement To $49M

    Investors in TerraForm Global Inc. said they've reached an agreement with the renewable energy power plant company to settle securities claims for $48.75 million rather than the $57 million they'd previously agreed to.

Expert Analysis

  • 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.

  • How Carbon Capture Tax Credit Financing Would Work

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    Legislation recently introduced in the Senate would create a new tax-exempt financing option for carbon dioxide generating facilities that spend capital developing green countermeasures for carbon capture and sequestration, says Taylor Klavan of Squire Patton.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

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