Energy

  • October 08, 2019

    Texas Justices Told Emails Can't Support Breach Claims

    Copano Energy LLC told the Texas Supreme Court in oral arguments on Tuesday that email exchanges between its representatives and an attorney for a landowner discussing the price the company would pay for an easement are not enough to sustain the breach-of-contract suit it is now facing.

  • October 08, 2019

    Alsup Slams Calif. City's 'Half-Baked' PG&E Probation Plan

    U.S. District Judge William Alsup threw shade Tuesday on a "half-baked" proposal by San Bruno, California, leaders to order Pacific Gas and Electric Co. to spend its remaining community service probation hours on wildfire mitigation, saying he fears funds will be "squandered on consultants and lawyers" without completing the project.

  • October 08, 2019

    Citgo Petroleum Hires Former BP Atty As Legal VP

    Citgo Petroleum Corp. has named as its vice president of legal and government affairs a former longtime BP attorney who held roles for the oil and gas company in Ohio, Texas and London, the company said Tuesday.

  • October 08, 2019

    Texas Partnership Law's Reach Key In $535M Pipeline Fight

    A Texas Supreme Court judge asked Tuesday whether the state's partnership statute could displace any written agreement between parties that want to set limits around the boundaries of how they work together in a closely watched $535 million fight over a soured pipeline deal.

  • October 08, 2019

    Acciona Invests €99M In Wind Energy Co., Teeing Up Takeover

    Spanish energy conglomerate Acciona said Tuesday it will increase its stake in Nordex through a €99 million ($108.5 million) private placement, teeing up an Acciona takeover of the German wind turbine company.

  • October 08, 2019

    Baker Botts' Large Enviro Platform Lures 9 Katten Attys

    The new members of Baker Botts' environmental and workplace safety practice say the firm's larger platform will enable them to help clients grapple with increased regulatory scrutiny in the aftermath of accidents at industrial facilities and assist with the development of incident response plans.

  • October 08, 2019

    States Want To Back EPA Oversight Of Power Plant Emissions

    New York, California and dozens more states and local governments have asked to intervene in three cases before the D.C. Circuit to defend the U.S. Environmental Protection Agency’s authority to regulate greenhouse gas emissions from existing power plants.

  • October 08, 2019

    Finland's Fortum Cuts $2.5B Deal For Control Of Uniper

    Finnish utility provider Fortum Oyj has agreed to buy a crop of shares in Uniper SE from two investment firms for approximately €2.3 billion ($2.5 billion) in a deal that gives it a majority stake in the German energy company, Fortum said Tuesday.

  • October 08, 2019

    Australian Steel Exec Charged With Obstructing Cartel Probe

    A former manager at Australian steel producer BlueScope has been charged with two counts of obstructing a federal cartel investigation, the Australian Competition & Consumer Commission announced Tuesday.

  • 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.

Expert Analysis

  • 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.

  • New Insights On Privilege, Ethics Duties For In-House Attys

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    A New York federal court's recent decision in Fischman v. Mitsubishi Chemical Holdings dispels the notion that in-house legal advisers are prohibited from using information about their employers in pursuing discrimination claims against them, says Jessica Westerman at Katz Marshall.

  • How A New Law Affects Texas Wind Farm Leases

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    Wind energy developers should note that a new Texas law, imposing specific obligations on them related to the removal of wind projects, contains financial assurance provisions that are more landowner-centric than project-centric, says Madison Benedict at Husch Blackwell.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • ESA Rule Changes Less Drastic Than Critics Claim

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    While environmentalists say that revised Endangered Species Act implementing regulations recently published by the U.S. Fish and Wildlife Service and National Marine Fisheries Service will gut the law, many of the updates are consistent with the services’ long-standing policies and practices, say Rebecca Barho and Brooke Wahlberg of Nossaman.

  • Bankruptcy Courts' Turf War With FERC Escalates

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    Recent Chapter 11 filings by Pacific Gas & Electric and FirstEnergy Solutions have reignited debate over whether U.S. bankruptcy courts can reject contracts regulated by the Federal Energy Regulatory Commission. The crux of the problem lies in conflicting jurisdiction conferred by the Bankruptcy Code and the Federal Power Act, say Paul Green and Mark Douglas of Jones Day.

  • How Europe’s Energy Regulators Are Tackling Market Abuses

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    European regulators are increasingly cracking down on manipulation of the European wholesale energy market, with pending investigations that may result in fines, lawsuits and criminal proceedings. This enforcement wave comes as means to detect market manipulation have become more sophisticated, says Gabriele Haas of Dentons.

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • What EPA Plan To Count Emission Decreases Means For Cos.

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    The U.S. Environmental Protection Agency recently proposed a rule explicitly allowing consideration of emissions decreases from a project in determining whether the project causes a significant emissions increase from an existing source. This makes it more likely that state regulators will follow the same approach, says Andrew Sawula of Schiff Hardin.

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