Energy

  • October 08, 2019

    Chevron, BP Ask Justices To Halt Yet Another Climate Suit

    Chevron Corp., BP PLC and other energy giants are asking the U.S. Supreme Court to delay remanding to state court Rhode Island's lawsuit alleging the energy companies are responsible for climate change-related infrastructure damage.

  • October 08, 2019

    EPA Asks 1st Circ. To Uphold Policy Restricting Advisers

    The U.S. Environmental Protection Agency has asked the First Circuit to affirm the dismissal of a Massachusetts lawsuit filed by scientists who are challenging the agency's decision to bar advisory committee members from receiving EPA grants.

  • October 08, 2019

    1st Circ. Questions Fukushima Victims' Need To Sue GE

    The First Circuit on Tuesday questioned why Japanese residents seeking compensation from General Electric for losses tied to the 2011 meltdown at the Fukushima Daiichi Nuclear Power Plant would need to do so in Boston court, rather than in Japan, the venue suggested by the federal judge who dismissed their suit.

  • October 08, 2019

    Rising Star: Norton Rose's Becky Diffen

    Norton Rose Fulbright’s Becky Diffen has made a career in renewable energy, helping to facilitate the financing of a 200 MW wind farm in the Texas Panhandle and assisting Duke Energy’s effort to build an energy storage project at a time when the technology was especially new, earning her a place among five energy attorneys honored by Law360 as Rising Stars.

  • October 08, 2019

    Yukos Unit Loses $40M Suit Over Auction Rigging Plot

    A Yukos subsidiary lost its bid on Tuesday to recoup $40 million from five men accused of rigging a Russian government auction of the defunct oil producer, as a London judge said there was no "smoking gun" to prove that the high-profile finance consortium took part in a conspiracy.

  • October 07, 2019

    Wildfire Victims Say PG&E’s Ch. 11 Plan Won't Cut It

    Pacific Gas and Electric Co.'s Chapter 11 reorganization plan won't make Northern California wildfire victims whole again, their attorneys told a U.S. bankruptcy judge Monday, urging him to terminate PG&E's exclusivity period to allow them to move ahead with an alternative plan that caps liabilities $6 billion higher than PG&E's proposal.

  • October 07, 2019

    Texas High Court To Hear 'Anti-Washout' Lease Fight

    The Texas Supreme Court has agreed to hear a test of the power of "anti-washout" clauses, which are intended to protect oil and gas ownership royalty interests from lapsing, in a Texas Panhandle lease fight involving Apache Corp.

  • October 07, 2019

    Chancery Retains Part Of Boardwalk Pipeline Class Suit

    A Delaware vice chancellor on Monday refused to toss three of six counts in a proposed class challenge to Boardwalk Pipeline LP's $1.5 billion public unit buyout in 2018, ruling the class has shown it is “reasonably conceivable” the deal was unfair to minority unitholders.

  • October 07, 2019

    Montana Wants In On New Keystone XL Pipeline Suit

    Montana's attorney general on Monday said millions of dollars in state tax revenue is at risk because of an environmental group's challenge to a permit allowing the construction of the Keystone XL Pipeline and asked to intervene in the case.

  • October 07, 2019

    EPA Emissions Policy Change Faces Skeptical DC Circ.

    Two D.C. Circuit judges appeared concerned Monday that a new U.S. Environmental Protection Agency emissions regulation would make it easier for polluters to violate national air quality standards, saying it offers little or no guidance to ensure new or modified projects that emit air pollution are properly screened before receiving permits.

  • October 07, 2019

    Drexel Univ. To Pay Gov't $189K Over Prof's Strip Club Visits

    Philadelphia's Drexel University has agreed to shell out more than $189,000 to resolve potential False Claims Act liabilities over a former professor's use of federal grant money at strip clubs and sports bars throughout the city, the U.S. Department of Justice announced Monday.

  • October 07, 2019

    ​​​​​​1st Circ. Clears Way For Climate Change Suit's Remand To RI

    A suit brought by the state of Rhode Island against a slew of energy companies over climate change-related costs is set to return to state court later this week after the First Circuit rejected a request by BP PLC on Monday to block a lower court’s remand order.

  • October 07, 2019

    Ecuador Wants $448M Oil Profits Award Axed

    Ecuador has asked the International Centre for Settlement of Investment Disputes to annul a $448.82 million arbitration award issued recently to a Bahamas-incorporated oil company in a dispute over the allocation of profits from two oil blocks in the Amazon.

  • October 07, 2019

    Blackhawk's Follow-Up $35M DIP Loan Gets Lenders' OK

    Kentucky-based coal mining operation Blackhawk Mining LLC received interim approval Monday in Delaware to tap a portion of a $35 million debtor-in-possession loan that will help bridge gaps in the company's receipts after its Chapter 11 plan was confirmed in August.

  • October 07, 2019

    Pa. Atty Fights Landowners' DQ Bid In Gas Royalties Suit

    An attorney accused of filing fraudulent bills while representing a class of landowners who claim Range Resources Corp. shortchanged them on natural gas royalties has pushed back against a suit filed in Pennsylvania federal court by a dissident group of plaintiffs who want the lawyer disqualified.

  • October 07, 2019

    Refiner Says 'False' Price-Fixing Claims Warrant Sanctions

    Alon USA Energy Inc. has urged a California federal judge to jettison it from parallel, proposed price-fixing class actions against BP, Exxon and other oil companies, arguing it's still in the case because fuel buyers have repeated "false allegations" about the closure of one of its refineries — falsities that warrant sanctions.

  • October 07, 2019

    Westinghouse Wants $1.3M Refund For Faulty Backup Servers

    Westinghouse Electric Co. Inc. wants a full $1.3 million refund and more after a company allegedly failed to deliver on its promise of a reliable, secure data storage system for two data centers outside Pittsburgh, according to a lawsuit filed in Pennsylvania state court Monday.

  • October 07, 2019

    Enviros Want DC Review Of 'Once In, Always In' Panel Ruling

    Environmentalists and California have asked the D.C. Circuit to reconsider a split panel ruling that courts can't review a U.S. Environmental Protection Agency memorandum rescinding its "once in, always in" air pollution permitting policy.

  • October 07, 2019

    Frac Sand Shipper Defends $49M Win Over Alleged Copycat

    An attempt to undo a $49 million judgment after a jury found a container manufacturer had stolen proprietary designs for frac sand shipping containers amounts to "a remarkable exercise in willful ignorance," an oil industry shipper told a Texas appellate court.

  • October 07, 2019

    High Court Won't Review Pipeline Land Grab Challenge

    The U.S. Supreme Court on Monday declined to hear a landowner's challenge of a ruling that allows Mountain Valley Pipeline LLC to quickly condemn land so it can begin construction on its $5 billion gas pipeline.

  • October 07, 2019

    3 Firms Weld $751M Deal For PE-Backed Canadian Mining Co.

    South African metals refiner Impala Platinum has agreed to buy private equity-backed Canadian mining company North American Palladium for total consideration of roughly CA$1 billion ($751 million), the companies said Monday, in a deal guided by Stikeman Elliott LLP, Webber Wentzel and Baker McKenzie.

  • October 07, 2019

    High Court Passes Over Sunoco $306M Tax Refund Fight

    Sunoco won't get a $306 million tax refund, as the U.S. Supreme Court declined Monday to hear its arguments that it should be able to deduct costs that were offset by green fuel tax credits.

  • October 07, 2019

    Calif. Utility Loses Bid For High Court Review Of Liability Law

    The U.S. Supreme Court on Monday refused to review a California utility's constitutional challenge to a state inverse condemnation law that holds utilities liable for wildfire damage caused by their equipment, regardless of any actual negligence.

  • October 07, 2019

    Rising Star: Earthjustice's Kim Smaczniak

    Earthjustice's Kim Smaczniak helped engineer a successful pushback to a Trump administration plan to bail out struggling coal-fired and nuclear power plants as she built out a federal clean energy focus for the group, earning her a spot among the energy attorneys under age 40 honored by Law360 as Rising Stars.

  • October 07, 2019

    Justices Won't Probe Arbitrator's Labor Contract Tweak

    The U.S. Supreme Court declined Monday to hear a mining company’s challenge to a Ninth Circuit decision letting an arbitrator rewrite part of its collective bargaining agreement with the United Steelworkers, despite contract language barring arbitrators from making such tweaks.

Expert Analysis

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

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    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • Opinion

    Utilities Need Timely Project Review For Reliable Service

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    National Parks Conservation Association v. Semonite, in which a Virginia utility faces possibly having to dismantle a previously approved transmission line due to drawn-out litigation, points to the need for time limits on court review of infrastructure projects, say Alan Seltzer and John Povilaitis of Buchanan Ingersoll.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Congress' Clean Energy Plans Carry Major Market Implications

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    A number of bills recently introduced in Congress seek to expand market penetration of renewable energy resources. This will mean significant changes to regulatory structures and the operation of wholesale electricity markets, and will require forward planning by all industry participants, say George Cannon and Andrew Phillips of Akin Gump.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Electric Sector Cyber Directive Stresses Incident Reporting

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    To prepare for the implementation of the North American Electric Reliability Corporation’s new cybersecurity directive for bulk electric systems, affected organizations should develop detailed incident response plans, and consider drills to test compliance, say attorneys at Blake Cassels.

  • Opinion

    Consumers Deserve Retail Electric Power Competition

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    A recently updated report from the Massachusetts attorney general's office asserts that retail electric competition has led to nothing but losses — but this does not take into account that some consumers are willing to pay a premium for certainty in electric rates, or for a generation mix that includes renewable energy, says John Shope of Foley Hoag.

  • Legal Options For Pipeline Companies Stymied By Tree-Sitters

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    While a Virginia federal judge recently rejected efforts by Mountain Valley Pipeline to join two unnamed tree-sitters as defendants in a Natural Gas Act eminent domain action, the court's opinion points toward other remedies available to pipeline companies facing tree-sitter obstruction, says Arthur Schmalz of Hunton.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Electric Vehicle Rollout Calls For Public-Private Partnerships

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    Florida Gov. Ron DeSantis is to be commended for his recently announced plan to install electric vehicle charging stations along the state's turnpike — but bolder plans are needed to achieve a full transition to EVs, and public-private partnerships will be key to delivering them, says Robert Alfert of Nelson Mullins.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Compliance Monitor May Help With CFIUS Approval

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    The ability of a Chinese company to gain approval from the Committee on Foreign Investment in the U.S. for acquisition of a U.S. tech company may not hinge as much on the extent to which the technology is critical to national security as it will on convincing the government that the technology can be protected, says ​​​​​​​J. Keith Ausbrook at Guidepost Solutions.

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