Energy

  • October 03, 2019

    Pa. To Join Cap-And-Trade Program To Curb Emissions

    Pennsylvania Gov. Tom Wolf ordered the state to join the multistate Regional Greenhouse Gas Initiative and its cap-and-trade program designed to slash power-sector carbon emissions Thursday — a major move from a state that generates more than half its electricity from coal and natural gas.

  • October 03, 2019

    New EU Tax Commissioner Pledges Carbon Border Tax

    The European Union's new commissioner for the economy and taxation, while being grilled by European Parliament members at his swearing-in Thursday, said the bloc will start work quickly on a new carbon border tax.

  • October 02, 2019

    Broker Files DQ Bid In 'Man Camp' Securities Fraud Case

    A Singaporean sales agent accused of participating in a $62 million Ponzi scheme has moved to disqualify one of the attorneys handling the case against him, saying the attorney committed "shocking" ethical violations by pursuing the suit even though he once advised the sales agent about related matters.

  • October 02, 2019

    Gov. Can't Break Up, Shake BLM Sage-Grouse Suit

    An Idaho federal court on Wednesday blocked the Trump administration's attempt to break up a lawsuit challenging its sage-grouse protection policies and scatter them to separate courts, siding with environmental groups who argued the conservation plans for eight Western states should be considered together.

  • October 02, 2019

    Protests Pose Threat To Natural Gas Golden Age, Panel Says

    The golden age of natural gas is here, but how long it will last depends largely on how the industry responds to headwinds coming from the growing number of climate change activists, experts said Wednesday during a Houston energy panel.

  • October 02, 2019

    Calif. Appeals Court Finds City Fuel Storage Tax Improper

    A California city’s tax on liquid fuel storage facilities wasn’t a business license tax but an improper real property tax, a state appeals court said Wednesday, reversing a lower court decision.

  • October 02, 2019

    Gov't Says No Need To Revisit FCA Dismissal Authority

    The federal government urged an Idaho federal court on Tuesday to block a whistleblower from appealing the dismissal of his False Claims Act suit involving a U.S. Department of Energy funding agreement, saying its FCA dismissal authority is a settled issue in the Ninth Circuit.

  • October 02, 2019

    PG&E Case Attys Blast Fee Application Protocol

    Counsel for Pacific Gas and Electric Co., the utility’s board of directors and the unsecured creditors in its bankruptcy case have jointly claimed the court-appointed fee examiner is seeking to impose excessively strict caps and unnecessary barriers to their fee applications.

  • October 02, 2019

    Perenco Seeks OK Of $411M Award Against Ecuador

    A Bahamas-incorporated oil company asked a D.C. federal court on Tuesday to confirm a $411 million arbitration award issued recently against Ecuador in a long-running dispute over the allocation of profits from two oil blocks in the Amazon.

  • October 02, 2019

    4th Circ. Revives Chesapeake Lease Suit Over Undrilled Wells

    A Chesapeake Energy Co. unit may have violated the terms of a West Virginia drilling lease by consolidating the property into a larger parcel and using wells drilled elsewhere to satisfy its obligations to a landowner, the Fourth Circuit has ruled.

  • October 02, 2019

    Three Crowns Expands Into Middle East With Bahrain Office

    Three Crowns opened a new office in Bahrain on Tuesday, marking the specialist international arbitration law firm's first expansion since it was launched with offices in London, Paris and Washington, D.C., more than five years ago.

  • October 02, 2019

    Chevron, BP Ask High Court To Block Baltimore Climate Suit

    Energy giants including Chevron Corp. and BP PLC on Tuesday asked the U.S. Supreme Court to stop Baltimore's lawsuit seeking to hold the companies liable for climate change-related infrastructure damage from proceeding in state court.

  • October 02, 2019

    DC Circ. Delays $1B Pipeline Fight After 3rd Circ. Ruling

    The D.C. Circuit put on hold oral arguments scheduled for this week in a challenge to the Federal Energy Regulatory Commission's approval of the $1 billion PennEast gas pipeline, to allow appeals to play out from a Third Circuit decision that developers can't seize state-owned land for the project.

  • October 02, 2019

    Sidley Advises Kimmeridge In $800M Energy Fund Close

    Energy-focused private equity firm Kimmeridge Energy Management, represented by Sidley Austin LLP, said Wednesday that it closed its fifth fund with $800 million in commitments that will be used to invest in oil and gas assets.

  • October 01, 2019

    Tubbs Fire Victims Litigating Through Press, PG&E Complains

    Attorneys representing bankrupt Pacific Gas and Electric Co. in an upcoming trial over the massive 2017 Tubbs fire urged a California judge Tuesday to admonish plaintiffs and their lawyers from litigating through the media — a request that the judge described as "essentially asking for a gag order."

  • October 01, 2019

    DC Circ. Throws Out EPA's Ozone Pollution Rule

    The D.C. Circuit said Tuesday the U.S. Environmental Protection Agency failed to protect states that sit downwind from other ozone-polluting states, siding with several East Coast attorneys general who said the agency needed to set stricter emission standards.

  • October 01, 2019

    Ex-Nuke Site Worker Gets $1.5M After Rehire Was Denied

    A federal jury in South Carolina has awarded $1.5 million to a veteran employee of a decades-long nuclear cleanup project, agreeing she was punished for alerting managers about racism in the workplace.

  • 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.

Expert Analysis

  • Persuasive Use Of Financial Models In Utility Ratemaking

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    The Federal Energy Regulatory Commission recently closed the comment period for its examination of whether, and if so, how, to revise its public utility ratemaking procedures. Parties to ratemaking decisions should take heed of FERC's endorsement of using multiple financial models when setting rates, say Jimmie Zhang and Brien Sheahan of the Illinois Commerce Commission.

  • 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.

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