Energy

  • August 11, 2020

    Tesla Directors Still Back SolarCity Deal Despite Settlement

    Despite agreeing to settle a Tesla stockholder merger challenge for $60 million, six directors named in a Delaware Chancery Court suit say they still plan to testify in support of the company's allegedly conflicted, $2.6 billion acquisition of SolarCity if the trial against Elon Musk goes ahead.

  • August 11, 2020

    DOJ Says Administrative Procedure Act Is Behind The Times

    The U.S. Department of Justice on Tuesday urged lawmakers to update a law that governs procedures for federal rulemakings, saying that in its current form, it fails to adequately promote accountability, transparency and public participation and isn't sufficient to deal with modern regulation.

  • August 11, 2020

    PE Firm Urges 5th Circ. To Nix $36M Damages In Contract Row

    A Dallas-based private equity company on Monday told the Fifth Circuit it shouldn't owe $35.5 million in damages following a contract dispute over offshore oil and gas exploration, saying the money was never sought and the award was based on testimony excluded by the court.

  • August 11, 2020

    FERC Says Energy Storage Facilities Can Get Grid Treatment

    The Federal Energy Regulatory Commission has approved a Midwestern grid operator's proposal to treat energy storage facilities as transmission assets to address grid expansion issues, but one commissioner warned the agency is wrongly blurring the line between electricity generation and transmission.

  • August 11, 2020

    FERC Asks DC Circ. To Back Its Call On Texas Gas Project

    The Federal Energy Regulatory Commission says it made the right call when it greenlighted the construction of a liquefied natural gas export terminal in Texas, and it wants the D.C. Circuit to shoot down a challenge that argues otherwise.

  • August 11, 2020

    Trade Court Finds Report Doesn't Support Duties On Flanges

    The U.S. Court of International Trade again rejected the Commerce Department's decision to hit Chinese iron flanges with anti-dumping duties, finding Tuesday that the U.S. International Trade Commission report Commerce cited doesn't actually support the conclusion the products are subject to the fees.

  • August 11, 2020

    Supplier Wants Claim Axed From EQT's $18M Faulty Valve Suit

    A drilling industry supplier urged a Pennsylvania federal judge Monday to throw out what it said were duplicative claims over alleged breaches of contract and warranty in an $18 million suit over purportedly faulty gas well valves sold to EQT Corp.

  • August 11, 2020

    Energizer Wants False Ad Suit To Keep Going And Going

    Energizer Brands LLC is pushing a New York federal court to keep alive its suit alleging that Duracell U.S. Operations Inc. falsely claims its premium batteries perform better than all others, saying Duracell's bid for an early win is a straw man argument that misconstrues Energizer's complaint.

  • August 10, 2020

    Shareholders Ask Judge To Sink Ultra Petroleum Ch. 11 Plan

    Natural gas producer Ultra Petroleum told a Texas bankruptcy judge Monday it had settled creditor objections to its Chapter 11 plan, while equity holders urged him to reject the plan as unnecessary and flawed.

  • August 10, 2020

    Judge Hasn't 'Heard Enough' From FTC On Coal Deal's Reality

    A Missouri federal judge pressed the Federal Trade Commission in closing arguments Monday to explain how a proposed joint venture between Arch Coal and Peabody would drive up energy prices in the face of market pressures beyond the "coal-on-coal competition" that the agency has focused on.

  • August 10, 2020

    Judge Needs More Before Ruling On Fraudster's Virus Release

    A D.C. federal judge said Monday he doesn't have enough for an "informed" ruling on a request for COVID-19-related release from the ex-owner of an Afghanistan marble mining company who is serving 4½ years in prison for defrauding the U.S. government on a $15.8 million loan.

  • August 10, 2020

    Permian Tank's Ch. 11 Sale Procedures OK'd In Del.

    A Delaware judge gave her nod Monday to bidding procedures in Texas-based oil and gas storage tank maker Permian Tank & Manufacturing Inc.'s Chapter 11, after an agreement was struck putting off potential sale squabbles with unsecured creditors until another day.

  • August 10, 2020

    Colo. Tells 10th Circ. Block Of Trump Water Rule Was Proper

    Colorado is urging the Tenth Circuit to uphold a lower court's decision barring the Trump administration's rule narrowing the scope of the Clean Water Act from taking effect in the state, saying it would cause serious environmental damage if reinstated.

  • August 10, 2020

    NRDC Says Trump Admin. Must Update Energy Standards

    The Natural Resources Defense Council and a coalition of advocates on Monday threatened to sue the U.S. Department of Energy, alleging it has ignored its duty to update energy standards for a slew of products from microwave ovens to water heaters.

  • August 10, 2020

    9th Circ. Resuscitates Calif. Superfund Cleanup Claim

    The Ninth Circuit on Monday revived the recovery claim of a slew of health care, chemical and defense companies against other firms over costs associated with the cleanup of a California Superfund site, saying a lower court wrongly determined the claim was time-barred.

  • August 10, 2020

    Energy Biz Wants Stay Lifted In €64.5M Spain Award Fight

    Dutch renewable energy firm Masdar Solar has urged a D.C. federal court to unpause litigation seeking to enforce a €64.5 million ($71.35 million at the time) arbitral award against Spain, saying a decision on annulment isn't expected for at least a year.

  • August 10, 2020

    Iron Ore Investor Seeks OK Of $115M Award Against Egypt

    A Finnish businessman is urging a D.C. federal court to enforce an arbitral award against Egypt worth some $115 million, which he won after his iron ore project was shut down by the Egyptian government and he was thrown in jail for more than three years on trumped-up misappropriation of funds charges.

  • August 10, 2020

    5th Circ. Backs Win For Energy Tech Firm In Trade Secret Row

    The Fifth Circuit has affirmed a lower court ruling that Petroleum Analyzer Co. LP hadn't wrongly used proprietary oil and gas technology developed by a competitor, saying there's no evidence the company swiped a trade secret.

  • August 10, 2020

    Temasek Nixes $3B Keppel Deal Over Financial Performance

    Singapore state investment fund Temasek on Monday pulled its SG$4.08 billion ($3 billion) offer to take a controlling stake in Keppel, saying the conglomerate's poor financial performance amounts to a material adverse change that scuttles the deal.

  • August 10, 2020

    ComEd, Ill. Speaker Hit With $450M Rico Suit Over Bribery Plot

    A group of Commonwealth Edison customers hit the utility, several company personnel and Illinois House Speaker Michael Madigan with a $450 million civil racketeering suit Monday following the company's recent admission that certain employees bribed the speaker's associates in exchange for favorable legislation.

  • August 07, 2020

    Texas AG's Recusal Bid Challenged In Securities Fraud Case

    The special prosecutors bringing felony securities fraud charges against Texas Attorney General Ken Paxton told a Harris County District Court judge on Friday to ignore a recusal motion lodged by the attorney general's defense team a day earlier as untimely.

  • August 07, 2020

    Uruguay Secures Win Over $4B Mining Project Claim

    An international tribunal has tossed a $4 billion claim targeting Uruguay over regulatory changes that allegedly forced the closure of a significant iron ore mining project, concluding it lacks jurisdiction because the claimants did not own the project in question.

  • August 07, 2020

    Feds Issue Update To Mineral Royalty Valuation Policy

    The U.S. Department of the Interior on Friday proposed changing how lease royalties for minerals such as oil and gas on federal lands are calculated, pushing to reduce the burden on industry and reverse Obama-era changes. 

  • August 07, 2020

    Dems Seek Info On Trump's Fast-Tracked Projects

    Nearly 60 Democratic members of Congress have demanded that the Trump administration come clean about which major infrastructure projects have benefited from an executive order to fast-track environmental reviews amid the economic downturn sparked by the COVID-19 pandemic.

  • August 07, 2020

    FTC Compliance Chief Warns Firms About Antitrust Deadlines

    The Federal Trade Commission's compliance chief used last month's $3.5 million settlement with a major gas station chain that allegedly shirked divestiture deadlines to issue a stern warning that both the deadlines and penalties are "real" — and that firms shouldn't count on extensions.

Expert Analysis

  • 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.

  • Opinion

    Dreamers Bring Important Perspective To Legal Industry

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    The U.S. Supreme Court recently ruled to preserve the Deferred Action for Childhood Arrivals program for the time being, and at this critical time in our nation's history, there are several actions that every law firm can take to increase the visibility of Dreamers, say Regina Calcaterra, Isidora Echeverria and Montserrat Lopez at Calcaterra Pollack.

  • Shipper Liability Ruling Aligns Mich. With Federal Safety Reg

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    The Michigan Court of Appeals' recent decision in McMaster v. DTE Energy Co., absolving a shipper of liability for personal injuries arising from an unsecured load, brings the state in line with a key federal safety regulation, and may nudge other states to follow suit, say Eric Conn and Thomas Lurie at Segal McCambridge.

  • Helping Clients Overcome Financial Hurdles Mid-Litigation

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    In perilous economic times like these, abandoning litigation in progress could be a tempting cost-cutting measure for companies, but lawyers can help clients evaluate two alternative financial arrangements to stanch the bleeding from expenditures while preserving valuable litigation assets, say Charles Agee at Westfleet Advisors and Collin Cox at Yetter Coleman.

  • Force Majeure Drafting Considerations For The Future

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    The COVID-19 crisis has had more than a few recipients of services take a hard look at what is a force majeure and what happens when one occurs, which may result in more nuanced contract clauses to address future events, says attorney Joe Lincoln.

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