Energy

  • September 18, 2019

    Certain US Allies May See Expedited CFIUS Reviews

    Foreign acquirers hailing from certain U.S.-allied countries may soon see their inbound transactions breeze through the national security review process, based on recently released draft rules for an overhaul of the Committee on Foreign Investment in the United States.

  • September 18, 2019

    Inventors Want To Split Credit For Gas Transportation Patent

    Two men who claim they helped design a system of stringing together tanks for storing and transporting liquefied gas asked a Pennsylvania federal court to amend a patent Tuesday so they could license their part of the invention to a Pittsburgh-area company.

  • September 18, 2019

    Trump, Calif. Wage War Of Words Over Auto Standards

    President Donald Trump on Wednesday crowed about his administration's highly anticipated move to strip California of its power to set its own auto emissions standards, while Golden State leaders defended their authority and vowed to fight in court.

  • September 18, 2019

    9th Circ. Will Take On FERC-Bankruptcy Court Tussle

    The Ninth Circuit on Tuesday said it will directly review a California bankruptcy judge's ruling that the Federal Energy Regulatory Commission has no say over whether Pacific Gas and Electric Co. can ditch power purchase agreements in Chapter 11 and put the case on the fast track.

  • September 17, 2019

    Brown Rudnick Energy Head Tapped As API's Top Lawyer

    The American Petroleum Institute tapped the co-head of Brown Rudnick LLP's energy and environmental practice, who's also a veteran regulator and lobbyist, to serve as the petroleum industry group's top lawyer.

  • September 17, 2019

    Calif. Utility Beats Suit Over Pedestrian's Death

    A California appeals court on Monday affirmed the dismissal of a suit accusing Southern California Edison Co. of being responsible for inadequate lighting on a city street, purportedly causing a driver to strike and kill a woman, saying her children lodged an untimely appeal.

  • September 17, 2019

    EPA Set To Rescind Calif. Emissions Waiver Amid Auto Fight

    U.S. Environmental Protection Agency Administrator Andrew Wheeler told a group of auto dealers on Tuesday that the federal government will "very soon" rescind California's right to use its own standards for vehicle emissions.

  • September 17, 2019

    Oil & Gas Producer’s $15M DIP OK'd Amid Creditor Outcry

    A Delaware bankruptcy judge on Tuesday gave her nod to oil and gas producer Furie Operating Alaska LLC’s $15 million post-petition Chapter 11 financing while continuing to acknowledge that like some of Furie’s creditors, she had concerns about aspects of the financing.

  • September 17, 2019

    Former Energy Exec Created Fake CFO, SEC Says  

    The former head of a Texas energy company falsely listed a Chinese businesswoman as the chief financial officer of his company and then duped investors by signing documents with her name for nearly two years, the U.S. Securities and Exchange Commission said Tuesday.

  • September 17, 2019

    Duke Energy Sets Goal Of Net Zero Electric Emissions By '50

    Duke Energy Corp., which holds coal, gas, nuclear and green energy assets, said Tuesday that it will aim for net zero carbon emissions from its electricity generation by 2050.

  • September 17, 2019

    FordHarrison Litigator Returns After Marathon Petroleum Stint

    FordHarrison LLP has added back to its ranks in Dallas a seasoned litigator with expertise in representing petroleum refiners in labor and employment disputes, announcing he has returned from Marathon Petroleum Co.

  • September 17, 2019

    ConocoPhillips Wants Heirs' $11.7M Mineral Win Undone

    ConocoPhillips took aim at a finding that it owes $11.7 million to two Texans, telling the Texas Supreme Court in oral argument Tuesday that the will purporting to convey mineral rights is unclear and not binding.

  • September 17, 2019

    CFTC Alleges Man Made $10M In Binary Options Fraud

    The U.S. Commodity Futures Trading Commission on Tuesday filed suit against a man it claims fraudulently took at least $10 million in a binary options trading scheme on commodities and foreign currencies.

  • September 17, 2019

    Out-Of-State Developer Insists Texas Grid Project Law Invalid

    Texas can't argue away the fact that legislation which dictates only incumbent transmission companies can build new power lines that connect to their existing systems is an unlawful protectionist scheme, an out-of-state transmission developer told a federal judge Monday.

  • September 17, 2019

    NC Slams FERC’s Enviro Analysis Of $468M Gas Pipeline

    North Carolina regulators told the Federal Energy Regulatory Commission on Monday that a planned $468 million extension of the Mountain Valley natural gas pipeline ignored clean-energy alternatives for the project and sidestepped key climate change questions.

  • September 17, 2019

    PE Firm Sues For $4M After Early Fla. Energy Deal Exit

    ACON Equity Management LLC told a London judge Tuesday that an investment vehicle it used to buy a Florida energy company cannot avoid paying it $4 million after the U.S. private equity firm sold its stake in the company.

  • September 17, 2019

    EU Clears German Energy Cos.' Asset Swap, With Conditions

    Europe's antitrust authority gave the green light Tuesday to German energy company E.ON’s multibillion-dollar pickup of a majority stake in rival Innogy after finding that the buyer's concessions assuaged its concerns.

  • September 17, 2019

    States, Enviros Push Calif. Judge To Enforce EPA Landfill Rule

    States and environmentalists on Monday urged a California federal judge to stick to his guns and force the U.S. Environmental Protection Agency to implement Obama-era landfill air pollution regulations despite the agency's claim that the judge's order is now irrelevant.

  • September 17, 2019

    DC Circ. Tosses Clean Power Plan Challenges

    The D.C. Circuit on Tuesday tossed legal challenges to the Obama administration's signature climate change plan, accepting the U.S. Environmental Protection Agency's argument that because it has replaced the regulations, the litigation is moot.

  • September 17, 2019

    Tribe, Enviros Urge 9th Circ. To Undo BLM Mining Permit Win

    An Alaskan Indian village and conservation groups have told the Ninth Circuit that the Bureau of Land Management violated federal environmental laws when it refused to look at the impact a potential mine would have before greenlighting preliminary exploration activities.

  • September 16, 2019

    Bankrupt PG&E Trial With Elderly Fire Victims Gets 2020 Start

    A San Francisco jury must determine whether Pacific Gas and Electric Co.'s equipment sparked the 2017 Tubbs Fire and any additional damages, said a California judge Monday tasked with moving elderly victims' lawsuits along at breakneck speed to meet a June 30 deadline for PG&E to emerge from bankruptcy.

  • September 16, 2019

    6 Texas Supreme Court Oil And Gas Cases To Watch

    A $535 million fight over what constitutes a pipeline partnership headlines a stack of high-stakes oil and gas industry cases that the Texas Supreme Court is poised to consider as it starts a new term. Here are six oil and gas cases worth watching in the Lone Star State's highest court.

  • September 16, 2019

    Chemical Co. Wins $5.7M Verdict For Construction Defects

    Georgia engineering firm Weatherly Inc. should pay $5.75 million to cover the cost of fixing an ammonium nitrate plant's faulty piping and cracked foundations that resulted from Weatherly's flawed designs, a federal jury ruled Monday.

  • September 16, 2019

    Class Atty Accused Of Fraudulent Billing In Gas Royalties Suit

    A group of dissident landowners in a class action accusing Range Resources Corp. of stiffing them on natural gas royalties asked a Pennsylvania federal judge on Friday to have class counsel booted from the case over allegations that he submitted fraudulent billing records as part of a fee request.

  • September 16, 2019

    DC Circ. Won't Rethink Ukraine Immunity In $112M Award Suit

    The D.C. Circuit on Monday rejected Ukraine's bid to reconsider its decision nixing the country's sovereign immunity defense in litigation to enforce a $112 million arbitral award, despite arguments that the court's decision contradicted decades of precedent.

Expert Analysis

  • 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.

  • 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.

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