Energy

  • September 23, 2019

    7th Circ. Says Insurer Must Cover Biomass Co. Contract Fight

    Insurer Crum & Forster must provide coverage for a builder of facilities that convert cow manure into electricity after a Seventh Circuit panel ruled Monday that an errors-and-omissions policy it sold contained expansive carve outs that made it effectively useless.

  • September 23, 2019

    Wachtell Seeks NY Trial Against Carl Icahn's CVR, Touts Docs

    Wachtell Lipton Rosen & Katz on Monday told a New York trial judge that CVR Energy Inc. and Carl Icahn are ignoring substantial evidence that they misused Wachtell's internal documents in their bid to dodge the firm's lawsuit, saying the firm is ready to go to trial.

  • September 23, 2019

    Drilling Co. Urges Court Not To Block Mancos Shale Fracking

    An oil and gas drilling company urged a New Mexico federal court on Friday to reject environmental groups' bid to block fracking for oil and gas wells in the Mancos Shale, saying that the company’s technology prevents environmental harm and that an injunction would cost the company and Navajo landowners millions of dollars.

  • September 23, 2019

    Ignorance Of 3rd-Party Sales Irrelevant For Duties, CIT Says

    The U.S. Court of International Trade has upheld the government's decision that a Turkish steel maker's lack of knowledge of its products being shipped to the U.S. by a foreign third party is irrelevant to the determination of countervailing duties.

  • September 23, 2019

    2 Men Charged With Participating In $3M 'Boiler Room' Plot

    A chief executive and stock promoter have been charged in New York federal court in relation to an alleged scheme to artificially inflate the value of Renewable Energy and Power Inc. stock before selling the shares at a profit, according to an indictment made public on Monday.

  • September 23, 2019

    Kirkland Steers GSO's $350M Commitment To Soda Ash Biz

    Genesis Energy said Monday it will expand its soda ash production operations in Wyoming in a move financed by a $350 million preferred equity commitment from Kirkland-led GSO Capital Partners.

  • September 23, 2019

    9th Circ. Backs BIA Green Light Of Wind Farm Construction

    The Ninth Circuit on Monday upheld the Bureau of Indian Affairs' approval of the second phase of a California wind farm, saying the agency properly considered the project's potential to harm eagles before greenlighting a lease between the project developer and a California tribe.

  • September 23, 2019

    Enviros Say Colo. Mine Expansion Suit Not Barred

    Environmental groups challenging the planned expansion of Arch Coal's mine in western Colorado have told a federal court that, contrary to arguments put forward by the federal government, their bid to block the project is not precluded by prior litigation.

  • September 23, 2019

    House Dems Question Trump, DOJ On Car Emissions Probe

    House Democrats are launching a formal inquiry into whether the Justice Department’s antitrust arm has been politicized by the White House for use against automakers that struck a deal with deep-blue California over emissions standards for vehicles.

  • September 23, 2019

    $1.2B Award Against Mining Co. Must Be Enforced

    An Israeli billionaire’s mining company has failed to convince an English judge to nix an order enforcing a nearly $1.25 billion arbitral award issued to its former joint venture partner following a dispute over a stymied Guinean mining project.

  • September 23, 2019

    Pause $112M Arbitral Award For Justices' Input, Ukraine Says

    A D.C. Circuit ruling allowing litigation over a $112 million arbitral award essentially rewrote the Foreign Sovereign Immunities Act, the government of Ukraine said, asking the panel to pause the case while it seeks U.S. Supreme Court review.

  • September 23, 2019

    BP, Koch Can't End Superfund Suit With 'Petroleum Exclusion'

    An Illinois federal judge on Friday said a "petroleum exclusion" in the federal Superfund law doesn't bar claims against Koch Industries, BP and other businesses over the release of hazardous substances near a crude oil factory in Illinois, but did dismiss some parts of the case.

  • September 23, 2019

    TechnipFMC Settles SEC's Bribery Claims For $5M

    French oil and gas company TechnipFMC PLC agreed to pay more than $5 million to the U.S. Securities and Exchange Commission to settle claims the business bribed Iraqi government officials, according to an administrative proceeding filed by the regulator Monday.

  • September 23, 2019

    Maui County Votes To Settle High Court Clean Water Act Case

    The Maui County Council has voted to settle an important Clean Water Act case scheduled for oral arguments in November before the U.S. Supreme Court, potentially yanking from the docket a highly anticipated fight over whether the law covers pollution that travels through groundwater.

  • September 23, 2019

    Vaping Co. Seeks To Block Duracell's Optimum Batteries

    A New Jersey vaping company has asked a federal judge to order Duracell to stop using the Optimum name for its batteries, arguing it has held trademarks on the name for more than a decade. 

  • September 23, 2019

    Don't End Fight Over FERC Pipeline Approval, DC Circ. Told

    There's no reason why the Fourth Circuit's invalidation of a U.S. Forest Service authorization for the $7 billion Atlantic Coast gas pipeline should scuttle challenges to the Federal Energy Regulatory Commission's approval of the controversial project, the D.C. Circuit has heard.

  • September 23, 2019

    NJ Energy Co. Can't Duck $1.1M In Penalties In Securities Row

    A New Jersey state appeals court will let stand roughly $1.1 million in penalties leveled against a green energy company for selling unregistered securities and misleading investors with false statements that the business would go public and had filed a federal registration form.

  • September 23, 2019

    Hunton's Boston Office Adds Its First Environmental Lawyer

    The former in-house counsel for a Fortune 500 natural gas company joined Hunton Andrews Kurth LLP this month, becoming the first environmental lawyer in the firm's Boston office.

  • September 23, 2019

    Attys Seek $15M In Fees From $74M SunEdison Settlement

    The lead counsel in a class action claiming SunEdison Inc. misled shareholders about its financial health before filing for bankruptcy is asking a New York federal court to approve more than $15 million in attorney fees for its work in reaching a $74 million settlement with the company.

  • September 23, 2019

    Banks, Insurers Commit To Global Climate Action

    Banks from 46 countries with more than $47 trillion in assets have adopted new United Nations-backed principles on “responsible banking” to fight climate change and increase focus on sustainable finance.

  • September 20, 2019

    Norfolk Southern Liable In Coal Shipping Dispute, Jury Finds

    The Norfolk Southern railroad could owe a coal seller millions after a federal jury found that the shipper had frozen the Alabama importer out of selling coal to East Coast power plants.

  • September 20, 2019

    Whitefish Power Co. Objects To PR Utility Restructuring Deal

    A power company whose contract to restore hurricane-damaged electric lines in Puerto Rico was canceled amid controversy in 2017 said Friday the island's utility can't restructure until it explains how it's going to pay the $126 million the company says it's owed.

  • September 20, 2019

    King & Spalding Adds Former DOI Attorney In DC

    King & Spalding LLP brought on board a former U.S. Department of the Interior senior counselor who also has a background in private practice, adding an experienced partner to the firm's government matters group.

  • September 20, 2019

    EEOC Nets Nearly $1M In Wave Of Disability Bias Deals

    Over the past week, the U.S. Equal Employment Opportunity Commission scored court approval for settlements totaling almost $1 million that end disability bias suits the agency filed on behalf of workers and job applicants, including a refinery worker with vision loss and a paraplegic PacSun applicant.

  • September 20, 2019

    FERC Says Its Authority Preempts New Hampshire Power Law

    The Federal Energy Regulatory Commission has said a recently enacted New Hampshire law forcing utilities to purchase power from waste and biomass generators at a set rate infringes on its exclusive authority over wholesale electricity sales.

Expert Analysis

  • DOJ's Citgo Case Highlights Reach, And Limits, Of FCPA

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    The bribes a Miami businessman recently admitted paying to executives of gasoline retailer Citgo violated the Foreign Corrupt Practices Act, because Citgo is owned by the Venezuelan government. But there is scant case law for the U.S. Department of Justice to rely on in a case against Citgo itself, says Timothy Belevetz of Ice Miller.

  • Shippers Look To High Court For 'Safe Berth' Resolution

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    A charterer that nominates a “safe berth” to load and discharge cargo may or may not be obligated to guarantee the berth’s safety for the vessel, depending on where the issue is being litigated. The U.S. Supreme Court has an opportunity to resolve the question in its upcoming ruling in Frescatti Shipping, says Andrew Stakelum of King & Spalding.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Colo.'s New Oil And Gas Law Shifts Rulemaking Landscape

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    A new Colorado law dramatically changes the regulation of oil and gas development in the state. Oil and gas development opponents and proponents should prepare for years of complicated rulemaking and public comment opportunities at the Colorado agencies, say Zachary Fitzgerald and Ivan London of Bryan Cave.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • How To Comply With NYC's New Climate Mobilization Act

    Excerpt from Lexis Practice Advisor
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    Even though compliance is not mandated until 2024, New York City building owners should begin taking steps now to prepare for the Climate Mobilization Act's new limits on buildings' greenhouse gas emissions, say YuhTyng Patka and David Miller of Duval & Stachenfeld.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Companies In Canada Must Prepare For Shareholder Activism

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    The trend of increased shareholder activism in Canada continues in 2019, with 10 public proxy contests launched since January. It is important that boards and management try to listen and understand the views of shareholders — including activists — in good faith, say Jonathan Feldman and Michael Partridge of Goodmans.

  • What May Be Ahead For PE Infrastructure Investment In Asia

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    Despite some softening in Asian infrastructure deal volumes in 2018 and the first part of 2019, both fundraising targets and long-term investment prospects remain strong for private equity sponsors, say Scott Jalowayski and James Jackson at Gibson Dunn.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • How New State Laws Will Affect Power Plant Closure Costs

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    Many states are proposing and passing legislation in response to the economic impacts of coal and nuclear power plant closings. Some of the legislation would provide short time frames for recouping closing costs from ratepayers, so plant owners must track policy developments closely, say Bruce Baker and Libby Ford of Nixon Peabody.

  • Reports On USMCA Offer Industry-Specific Guidance For Cos.

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    Recent reports from the International Trade Commission and the U.S. Trade Representative have assessed the likely impacts of the U.S.-Mexico-Canada Trade Agreement on the U.S. economy. By reviewing the reports' predictions for their industries, companies can be better prepared in case the USMCA is ratified, say Francesca Guerrero and Kayla Toney of Winston & Strawn.

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