Energy

  • August 06, 2020

    Oakland A's Say Calif. Allows Toxic Releases Near Future Park

    The Oakland Athletics baseball team said Wednesday the California Department of Toxic Substances Control has endangered the community near its planned new stadium by allowing a metal shredder facility to release toxic chemicals into the air and water.

  • August 06, 2020

    Russia Maintains Stay Still Needed In $50B Award Fight

    Russia on Wednesday urged a D.C. federal court to continue a pause on litigation filed by former Yukos Oil Co. shareholders to enforce a $50 billion arbitral award against the country, saying an ongoing appeal in the Netherlands merits a continued stay. 

  • August 06, 2020

    NRDC, Others File New Suit Over Project Review Process

    The Natural Resources Defense Council and a coalition of environmental groups on Thursday filed the latest federal court challenge against the Trump administration's proposal to update the National Environmental Policy Act to streamline project reviews, arguing the changes are ill-considered and unlawful.

  • August 06, 2020

    Groups Say New EPA Rule Requires Nix Of Calif. Diesel Regs

    A coalition of industry groups said Wednesday that a new U.S. Environmental Protection Agency and National Highway Traffic Safety Administration rule supports their lawsuit challenging California's emissions standards for certain off-road engines.

  • August 06, 2020

    Exide's $179M Ch. 11 Sale Gets Smooth Approval In Del.

    Bankrupt battery maker Exide Holdings Inc. coasted to approval of a $179 million sale of its American assets to affiliates of Atlas Holdings LLC on Thursday when a Delaware judge assented to the consensual transaction.

  • August 06, 2020

    Treasury Blacklists Alleged Libyan Drug And Fuel Smugglers

    The U.S. Department of the Treasury announced sanctions on Thursday against three Libyan nationals it called a "network of smugglers," accusing the trio of running drugs and black-market fuel between Libya and Malta through shipping company Alwefaq Ltd.

  • August 06, 2020

    Green Groups Sue EPA For Sulfur Emissions Control Inaction

    Environmental groups on Thursday sued the U.S. Environmental Protection Agency in California federal court, accusing the agency of failing to crack down on states and territories that haven't crafted plans to reduce sulfur dioxide air pollution from power plants and other facilities.

  • August 06, 2020

    Mining Co. Will Pay Tribes Another $1.6M For River Cleanup

    Canadian mining giant Teck Resources Ltd. has agreed to shell out another $1.6 million to a confederated tribal nation to cover recent costs associated with pollutants it dumped into the Columbia River decades ago from its Canadian smelter that then leached into the Washington state environment.

  • August 06, 2020

    FERC Commissioner To Step Down Next Month

    Federal Energy Regulatory Commissioner Bernard McNamee said he will officially step down Sept. 4, which could leave the agency with the minimum number of commissioners needed for a quorum if President Donald Trump's recent nominations don't get confirmed.

  • August 05, 2020

    10th Circ. Nixes Trade Group's Obama Royalty Rule Challenge

    The American Petroleum Institute can't challenge an Obama-era rule governing civil penalty notices for oil and gas leases on federal and tribal land based on hypothetical injuries the group's members might incur, the Tenth Circuit ruled Wednesday.

  • August 05, 2020

    Australia Judge, Tax Body Square Off Over Mining Co. Refund

    An Australian judge said a mining company could keep a AU$2.3 million ($1.7 million) tax refund it had incorrectly claimed as research-and-development expenses, but he also blasted the country's tax authority for saying it would seek to recoup the money.

  • August 05, 2020

    DC Circ. Halts Order To Shut Down Dakota Access Pipeline

    The D.C. Circuit on Wednesday said the Dakota Access pipeline will not have to be shut down and drained of oil, halting a federal judge's order issued after he identified problems with an environmental review.

  • August 05, 2020

    Utah Ends Gold King Fight After EPA Commits $360M

    Utah has agreed to settle with the U.S. Environmental Protection Agency after the federal regulator committed more than $360 million to clean up abandoned mines fouled when millions of gallons of toxic waste was accidentally released into rivers by a government contractor.  

  • August 05, 2020

    Trade Court Questions Commerce's Tariff Exemption Process

    The U.S. Court of International Trade admonished the Trump administration on Wednesday for failing to sufficiently explain its decisions for rejecting a steel importer's requests to be excluded from national security tariffs, sending the requests back for reconsideration.

  • August 05, 2020

    LA Oil Co. Hit With Criminal Charges Over Leaky Wells

    Los Angeles has filed a slew of criminal charges against an oil and gas company over leaks at a shuttered production site neighbors say continues to cause health issues in violation of environmental and health regulations.

  • August 05, 2020

    Unsecured Creditors Blast Permian Tank's 'One-Sided' Ch. 11

    Unsecured creditors of Texas-based oil and gas storage tank maker Permian Tank & Manufacturing Inc. blasted the company's Chapter 11 on Wednesday, saying it is set up for the "exclusive" benefit of a creditor that has maneuvered itself into a position of controlling the bankruptcy.

  • August 05, 2020

    Spectra Suit Dismissal Invites Mischief, Del. Justices Told

    An attorney for former Spectra Energy Partners LP public investors told the Delaware Supreme Court on Wednesday that the Chancery Court wrongly discounted his chance of success before tossing a suit over a $661 million damage claim targeting an allegedly unfair general partner buyback, a decision that could encourage companies to "game the system."

  • August 05, 2020

    Developer Steps Into Tribes' Keystone Pipeline Challenge

    The TransCanada Keystone Pipeline and its parent corporation have urged a Montana federal court to dismiss claims brought by Montana tribes, after successfully intervening in their case challenging federal approval of pipeline construction across federal lands. 

  • August 05, 2020

    UK Traders Made $500M By Causing April Oil Crash, Suit Says

    A London-based firm recently revealed to have made $500 million in trading profits when U.S. oil prices went negative in April has been accused in a civil lawsuit of causing the historic crash with an aggressive price manipulation scheme.

  • August 05, 2020

    Green Groups Say Minn. Mining Permits Violate Species Law

    Federal agencies bypassed important environmental and endangered species requirements when they renewed mining permits in the Superior National Forest in northeastern Minnesota, green groups said in a new lawsuit Wednesday.

  • August 05, 2020

    Texas Appeals Court Says No Expert, No Malpractice Claim

    A Texas appeals court upheld Freeman Mills PC's defeat of legal malpractice claims lodged by an oil and gas exploration company, ruling Wednesday that White Rock Exploration Inc.'s expert witness didn't do enough to back up his assertion that the company would have fared better if Freeman Mills handled its case differently.

  • August 05, 2020

    Del. Justices Agree Calgon Carbon Must Release Merger Docs

    The Delaware Supreme Court on Wednesday affirmed a Chancery Court decision that ordered Calgon Carbon Corp. to turn over records related to its $1.3 billion merger with a Japanese company, despite Calgon's claims that "misconduct" should have led to the case being tossed.

  • August 05, 2020

    ComEd Pleads Not Guilty In Ill. Bribery Scheme

    Following its $200 million deal with prosecutors, Commonwealth Edison Co. pled not guilty Wednesday to a federal bribery charge alleging it arranged jobs and other benefits for allies of the Illinois House speaker in exchange for him supporting its push to change utility regulation.

  • August 05, 2020

    BlackRock Sustainability Fund Nets £2B From UK Pension Co.

    U.K. workplace pension provider Scottish Widows on Wednesday pledged £2 billion ($2.6 billion) toward BlackRock Inc.'s new global climate transition fund that targets investments in companies prepared for a low-carbon economy, including in sectors like energy, hospitality, transportation and health care.

  • August 05, 2020

    Crane Biz TNT Seeks Debt-Equity Swap To Stave Off Ch. 11

    Crane services company TNT said it's negotiating an out-of-court deal to slash debt and infuse another $225 million in cash into the company, but that it faces a Chapter 11 filing if it's unable to get enough creditors on board.

Expert Analysis

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • FERC Reg Changes Create New Hurdles For Renewables

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    The Federal Energy Regulatory Commission's recently approved revisions to its regulations implementing the Public Utility Regulatory Policies Act will likely have negative impacts on small-scale renewable energy facilities, making such projects less appealing to prospective lenders, say Michael Yuffee and Ryan Norfolk at Winston & Strawn.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • 4 Tax Questions To Ask Before Signing An Enviro Settlement

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    In light of recently proposed IRS regulations, companies facing government environmental enforcement actions that want to deduct related payments must ask several key questions before finalizing any settlement agreement or court order, say Monty Cooper and Teresa Abney at Crowell & Moring.

  • Law Firms Must Note Pandemic's Outsize Impact On Women

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    In the wake of the COVID-19 pandemic, gender roles in many families have reverted to scenes from the 1960s, and law firms have a huge opportunity — indeed a business imperative — to avoid the mistakes of the past, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • The 'Rocket Docket' Show Goes On Despite Setbacks

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    After 11 years as the fastest civil trial court in the land, the Eastern District of Virginia rocket docket is now tied for second place among the nation's 94 district courts, but the court has moved swiftly to adapt to the COVID-19 crisis and continues to dispense justice safely and efficiently, says Robert Tata at Hunton.

  • Air Emissions Ruling Undermines EPA Guidance On CERCLA

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    A Pennsylvania federal court's recent decision in Clean Air Council v. U.S. Steel Corp., holding that noncompliant emissions from a Clean Air Act permitted facility were still federally permitted, upends the U.S. Environmental Protection Agency's guidance on and interpretations of the Superfund law, say Jonathan Martel and Chase Raines at Arnold & Porter.

  • Water Reg Suits May Offer Preview Of Likely NEPA Challenges

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    The ongoing litigation over the Trump administration's repeal and replacement of the Obama-era Clean Water Rule provides a road map for what to expect in likely forthcoming lawsuits challenging the White House Council on Environmental Quality's new National Environmental Policy Act regulations, says Christopher Thomas at Perkins Coie.

  • Opinion

    Pandemic Lays Bare The Inequities Inherent In The Bar Exam

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    The outrage over the life-altering consequences of decisions being made around state bar exams during the COVID-19 pandemic has highlighted the classism built into the exam, and the legal profession should take this moment to reevaluate how new attorneys are licensed, say Naomi Shatz and Katherine Dullea at Zalkind Duncan.

  • Understanding The 5 Stages Of Mediation In A Virtual World

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    Mediation is a process with defined stages, but the rise of virtual mediation may inject changes into each stage that may soon spread to in-person mediations and influence the expectations of participants, says Wynne Carvill at JAMS.

  • Mass. Project Enviro Review: A Green Light For Offshore Wind

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    Now that the supplemental environmental impact statement for the Vineyard Wind project off the coast of Massachusetts is complete, it presents a useful template for future offshore wind energy projects, say attorneys at Womble Bond.

  • Pandemic May Change The Way We Design Our Courthouses

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    With access to courthouses currently curtailed, it is worthwhile to reflect on the design considerations that go into making these buildings work for the legal profession, and how the COVID-19 crisis might leave its imprint on these public spaces, says Elisabeth Ross at Cozen O'Connor.

  • How Tribes Can Respond To Clean Water Act Review Limits

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    In light of the U.S. Environmental Protection Agency's new rule limiting the time and scope of tribal and state Clean Water Act permit reviews, tribal governments looking to assert their jurisdiction over projects should apply for treatment-as-state status, say attorneys at Brownstein Hyatt.

  • Mediator Confidentiality Promises Carry Serious Risks

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    A mediation agreement that promises to keep evidence confidential could result in a legal malpractice case for the mediator, and the risk has increased in the COVID-19 era of online sessions, says mediator Jeff Kichaven.

  • Despite 2nd Circ. Ruling, Discovery Statute's Reach Grows

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    The Second Circuit’s recent Guo ruling barring the use of cross-border discovery under Section 1782 in private, international commercial arbitration is the exception to the rule of broad circuit-level interpretation as this statute becomes an increasingly powerful tool for litigators, say attorneys at Dechert.

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