Energy

  • October 15, 2019

    US Charges Turkish Bank In Scheme To Evade Iran Sanctions

    Federal prosecutors in Manhattan brought an indictment against Turkey's Halkbank on Tuesday for allegedly flouting U.S. sanctions on Iran by allowing the country to access some $20 billion in funds, including proceeds from oil and gas sales to Turkey.

  • October 15, 2019

    FERC Can't Yank Pipeline Tax Perk, DC Circ. Hears

    A Kinder Morgan unit told the D.C. Circuit that the Federal Energy Regulatory Commission used a misguided policy to wrongly strip the company of a key tax perk for pipeline master limited partnerships. 

  • October 15, 2019

    Top EPA Enforcement Official Joins Vinson & Elkins

    A top U.S. Environmental Protection Agency enforcement attorney has joined Vinson & Elkins LLP, where he will focus on assisting energy clients with enforcement litigation and permitting matters, the firm announced Tuesday.

  • October 15, 2019

    SemGroup Investors Seek Stay On $5B Energy Transfer Deal

    A SemGroup Corp. shareholder asked a Delaware federal court Tuesday to stop the energy transportation company's proposed $5.1 billion sale to Energy Transfer LP, asserting in a proposed class action that the company issued incomplete and misleading information about the deal.

  • October 15, 2019

    French Finance Minister Urges EU Tax On Shipping, Aviation

    In addition to its recently proposed carbon border tax, the European Union should impose a tax on shipping and airplane fuel, the French finance minister told a conference Tuesday.

  • October 15, 2019

    Justices Won’t Hear SC's Nuclear Facility Closure Suit

    The U.S. Supreme Court on Tuesday refused to revive South Carolina’s suit seeking to block the closure of a nuclear fuel processing facility, which the federal government has argued is overbudget and behind schedule.

  • October 15, 2019

    Justices Won't Hear Suit Over UBS Brokers' Enron Knowledge

    The U.S. Supreme Court said Tuesday it will not hear an attempt by a group of Enron investors to revive their claims that UBS AG's brokerage units broke securities laws by failing to warn stock option-holding employees of the energy company’s infamous fraud scheme.

  • October 15, 2019

    Justices Won't Review Gas Pipeline Rate Challenge

    The U.S. Supreme Court on Tuesday refused to revive a challenge from North Carolina utility regulators to rates approved by the Federal Energy Regulatory Commission when the agency greenlighted three gas pipeline projects.

  • October 11, 2019

    CVR Loses Bid To Reignite Malpractice Fight With Wachtell

    A New York federal judge axed CVR Energy Inc.’s malpractice suit against Wachtell Lipton Rosen & Katz on Wednesday and said the oil company’s request to retool its complaint “blatantly disregards” an earlier order that limited the scope of revisions CVR was already allowed to make.

  • October 11, 2019

    NJ Denies Permits For $1B PennEast Pipeline

    The New Jersey Department of Environmental Protection has declined to issue the state permits PennEast LLC needs to proceed with its planned $1 billion pipeline, Gov. Phil Murphy said Friday in a Twitter post highlighting the latest setback for the closely watched project.

  • October 11, 2019

    4th Circ. Pauses Review Of FWS Permit For $5B Pipeline

    The Fourth Circuit on Friday blocked the U.S. Fish and Wildlife Service's authorization for the Mountain Valley gas pipeline amid a legal challenge, and stayed the case until January to allow the agency to finish consulting with the Federal Energy Regulatory Commission on the project's impacts.

  • October 11, 2019

    '$40 Billion Man' Accused Of Running Fuel Supply Ponzi

    A Houston-based company that buys and sells fuel has filed a lawsuit against a former business partner whose CEO styles himself as "the $40 Billion Man," alleging the partner company is actually operating a Ponzi scheme.

  • October 11, 2019

    FWS, Forest Service Must Face Suit Over Mont. Mine Approval

    The federal government and a mining company cannot dodge claims that the approval of a proposed copper and silver mine in Montana violated the Endangered Species Act because regulators improperly analyzed the project's impact on bull trout and grizzly bears.

  • October 11, 2019

    Taxation With Representation: Latham, Covington, Vinson

    In this week's Taxation With Representation, Hess Midstream Partners buys Hess Infrastructure Partners for $6.2 billion, UCB acquires biotech company Ra Pharma for $2.1 billion, and a Shiseido subsidiary makes a $845 million deal for a skincare line.

  • October 11, 2019

    CNX Will Restore About 140 Abandoned Wells In Pa.

    CNX Gas Co. LLC agreed to post a roughly $1.5 million bond and work to plug and restore more than 140 abandoned well sites across four counties in Pennsylvania, the state's Department of Environmental Protection said Friday.

  • October 11, 2019

    Mountain Valley Pipeline Pays $2M To End Va. Pollution Suit

    Developers of the $5 billion Mountain Valley gas pipeline will pay a $2.15 million civil penalty to resolve allegations it violated Virginia environmental laws and its Clean Water Act permit during construction of the project, the Virginia Attorney General's Office said Friday.

  • October 11, 2019

    Chesapeake Tries To Shake Off Okla. Quake Damage Suit

    A Chesapeake Energy Corp. unit has told a federal court it cannot be held responsible for earthquake-related damage alleged by scores of Oklahoma residents who are suing it and a slew of other oil and gas companies in a proposed class action.

  • October 11, 2019

    EB-5 Scheme Fundraiser To Pay $527K In SEC Deal

    An oil and gas official accused of fundraising for a visa fraud scheme that targeted Chinese citizens interested in obtaining an EB-5 investor visa will pay $527,000 under an agreement with the U.S. Securities and Exchange Commission.

  • October 11, 2019

    Philly Refinery Puts Restructuring, Sale Options In Ch. 11 Plan

    Philadelphia's sprawling PES Holdings LLC refinery filed a three-option Chapter 11 plan in Delaware late Thursday, with leeway for an equity restructuring, sale or auction of the 1,300-acre complex, blasted by a June explosion into its second bankruptcy in less than two years.

  • October 11, 2019

    Fired Workers Want Bayou Steel Ch. 11 Sent To Louisiana

    A group of employees terminated by steel mill operator Bayou Steel BD Holdings LLC shortly before it filed for Chapter 11 protection have asked a Delaware judge to transfer the bankruptcy cases to Louisiana, arguing the company has no real connections to the First State.

  • October 11, 2019

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

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 11, 2019

    Financial Adviser Pleads Guilty In Ecuador Oil Bribery Case

    A former Miami financial adviser pled guilty Friday on the eve of a trial in a federal criminal case claiming he violated the Foreign Corrupt Practices Act by funneling millions to Ecuadorian oil officials to secure contracts for a private company.

  • October 11, 2019

    Council Backs Tribe's Bid To Expand Endangered Reservation

    A council of Minnesota tribes has demanded that the federal government expand the Prairie Island Community’s land to include territory that isn't imperiled by nearby nuclear waste storage and from persistent flooding created by a federal dam project.

  • October 11, 2019

    Rising Star: Vinson & Elkins' Lande Spottswood

    Vinson & Elkins' Lande Spottswood has built a career working on some of the most sophisticated transactions for major players in the energy sector, including representing Energy Transfer Partners in its $60 billion merger with Energy Transfer Equity, earning her a spot as one of five energy law practitioners under age 40 honored by Law360 as Rising Stars.

  • October 10, 2019

    Feds, Manufacturing Cos. Concur On $125M Mass. Cleanup

    Two federal agencies, Textron Inc., and Whittaker Corp. agreed to a $125 million cleanup effort at a Superfund site in Concord, Massachusetts, that was once home to a manufacturing facility licensed to use radioactive substances, the U.S. Environmental Protection Agency announced Thursday.

Expert Analysis

  • Force Majeure: Check Your Governing Law

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    The International Chamber of Commerce's arbitration award in ConocoPhillips v. CVP is instructive on how governing law impacts a force majeure provision, say attorneys with Thompson & Knight.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Is 'The Government Said I Could' A Civil Liability Defense?

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    A Virginia federal court's recent decision in Southern Appalachian Mountain Stewards v. Red River Coal Co., clearing the defendant of liability for certain nonpermitted discharges, raises an issue relevant to any business operating in a highly regulated space: reliance on government regulators as a defense to civil liability, says Mitchell Morris of Butler Snow.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • Pa. Ruling Leaves Room For Oil And Gas Reg Challenges

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    While the Commonwealth Court of Pennsylvania’s decision in Marcellus Shale Coalition v. Pennsylvania Department of Environmental Protection upheld state agencies’ authority to promulgate oil and gas drilling rules, the decision made clear that the rules themselves are not immune from judicial scrutiny, says Michael Aceto of Goldberg Segalla.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Bulb Efficiency Rollback May Lead To Regulatory Patchwork

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    The U.S. Department of Energy asserts that its recent withdrawal of energy efficiency targets for light bulbs has not triggered a statutory “backstop” efficiency standard, but its actions will likely prompt litigation by consumer and environmental groups, and implementation of stricter standards by some states, say Daniel Eisenberg and Jack Zietman of Beveridge & Diamond.

  • FERC Proposal Would Shake Up Renewable Energy Pricing

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    The Federal Energy Regulatory Commission recently proposed major modifications to its regulations concerning the Public Utility Regulatory Policies Act, which could significantly affect the ability of renewable power facilities to require electric utilities to purchase their output — and the price that utilities will have pay for that output, say attorneys at Reed Smith.

  • Cybersecurity Issues To Consider In Oil And Gas M&A

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    Cybersecurity is a key risk factor in mergers and acquisitions generally, but executives and directors contemplating an acquisition in the oil and gas sector must note the industry's unique cybersecurity challenges in order to properly assess transaction risks and value target companies, say attorneys at Skadden.

  • Calif. Funds Wildfire Liabilities Without Punishing Ratepayers

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    A recently enacted California law that sets aside $21 billion to cover future wildfire damage claims and incentivizes safer electric utility infrastructure represents a successful attempt to balance competing interests, while putting wildfire claims funding on a firmer footing, says Allan Marks of Milbank.

  • EPA Misses The Irony In Its Calif. Emissions Waiver Rollback

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    U.S. Environmental Protection Agency Administrator Andrew Wheeler criticized California's poor air quality when he withdrew the state's waiver to regulate vehicle emissions more stringently than the EPA. But California's air pollution problem was precisely the reason Congress provided for such waivers in the first place, says Seth Jaffe of Foley Hoag.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • The Latest Carbon Market Developments: Part 2

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    The Democratic primary debates and a proliferation of bills in Congress make it clear that carbon pricing will be a significant issue in the 2020 U.S. elections — and a host of international pilot programs for carbon emissions credit trading suggest even more interest in the subject abroad, say attorneys with Beveridge & Diamond.