Energy

  • September 17, 2020

    Texas Justices Told Lease Ensures Royalty On Full Sale Price

    Royalty owners told Texas Supreme Court justices during oral arguments Thursday that an oil and gas developer is "pretzeling together" contradictory provisions in their leases to avoid calculating payments based on the gross proceeds of oil and gas produced on the owners' property. 

  • September 17, 2020

    US Chamber Backs White House On National Fuel Standard

    The U.S. Chamber of Commerce told the D.C. Circuit that the Trump administration had the power to rescind a waiver allowing California to set its own vehicle emissions standards, arguing that having one uniform national standard is critical for the economy.

  • September 17, 2020

    Chevron Submits Arbitrator's Conviction In Row With Saudis

    The executive director of an Egyptian arbitration center was recently convicted of forgery, his second criminal conviction arising out of an allegedly sham $18 billion arbitral award against Chevron, the oil giant told the Ninth Circuit as it continues to fight enforcement of the award.

  • September 17, 2020

    Class Attys Seek $69M Slice Of Capacitor MDL Deals

    Counsel for a group of capacitor buyers who secured settlements worth over $232 million in sweeping multidistrict litigation over alleged price-fixing by manufacturers asked a California federal court on Wednesday to grant them over $78 million in attorneys fees and costs.

  • September 17, 2020

    Energy, Biotech Companies Float IPOs Totaling $575M

    Brazil-based liquefied natural gas solutions company Hygo Energy Transition was among two companies to set the terms Thursday for initial public offerings totaling nearly $575.5 million.

  • September 17, 2020

    Tribes Tell DC Circ. Dakota Access Review Was Faulty

    The Standing Rock Sioux Tribe has told the D.C. Circuit that the federal government has repeatedly failed to properly analyze the risk of an oil spill from the Dakota Access pipeline and that a lower court was right to throw out an easement for the project. 

  • September 17, 2020

    Mont., Energy Cos. Seek Reversal In XL Pipeline Permit Row

    In a flurry of opening briefs, the Keystone XL Pipeline's developer, industry groups and the state of Montana all urged the Ninth Circuit to reverse a federal judge who this spring vacated an expedited Clean Water Act permitting process for oil and gas projects, blocking construction of the Keystone project. 

  • September 17, 2020

    Holtec Blasts NJ Town's 'Unfounded' Nuclear Plant Paranoia

    Nuclear energy supplier Holtec International slammed a New Jersey town's decision to deny land use permits for nuclear fuel storage facilities, telling a federal court that the rejection was a regulatory overreach and a potentially dangerous hindrance to the safe shutdown of an aging reactor.

  • September 17, 2020

    Solar Power Biz Sunrun Will Pay $5.5M To End Robocall Suit

    Solar power company Sunrun Inc. has agreed to pay $5.5 million to settle allegations in California federal court that it violated federal law by spamming potential customers using automated phone dialing systems.

  • September 17, 2020

    FERC Rule Opens Power Markets To Small-Scale Clean Energy

    The Federal Energy Regulatory Commission on Thursday unveiled a long-awaited rule that makes a place for aggregated distributed energy resources such as rooftop solar panels in wholesale energy markets, giving a slew of small-scale clean energy technologies broader access to the U.S. electricity grid.

  • September 16, 2020

    Ex-Colleague Says Deutsche Traders Taught Him To Spoof

    A former Deutsche Bank trader testified Wednesday that he learned how to spoof the precious metals market from ex-colleagues James Vorley and Cedric Chanu, but that he didn't think the trading strategy violated any bank policy because it was never flagged as improper.

  • September 16, 2020

    India Must Pay $477M Award In Offshore Oil Fight

    India's highest court on Wednesday denied New Delhi's bid to refuse enforcement of a $477 million arbitral award issued to a London-based natural resources company stemming from the development of an offshore oil field, rejecting arguments that the award violated public policy.

  • September 16, 2020

    DC Circ. Asked To Halt EPA's Rollback Of Methane Regs

    A coalition of environmental groups have asked the D.C. Circuit to stay the Trump administration's rule gutting Obama-era regulations that clamped down on methane emissions from new and modified oil and gas infrastructure, calling the move's rationale "flimsy, counterfactual and outcome-driven."

  • September 16, 2020

    Calif. Co. Accuses Canadian Rival Of Infringing Solar Cell Tech

    A California energy company has asked the U.S. International Trade Commission to launch an investigation into solar cell imports, alleging that a Canadian competitor is copying its manufacturing process for shingled solar cells.

  • September 16, 2020

    Suit Says Electric-Truck Co. Nikola Misled Investors

    Nikola Corp. was hit with a proposed class action in Arizona federal court on Tuesday alleging the electric-truck maker has overhyped the viability of its hydrogen fuel cell technology and business prospects, as Nikola grapples with accusations it misled investors and a possible federal investigation.

  • September 16, 2020

    Canada Gas Biz Demands $6.7M Over 'Ponzi-esque' Scheme

    A Canadian oil and gas company says an American family defrauded it out of millions as a part of a "Ponzi-esque" scheme in which promises of a huge payout were made while funds were deceptively moved around and used inappropriately.

  • September 16, 2020

    Jones Day Steers Planned $1.3B European Recycling Biz Sale

    French water and waste management group Suez announced on Wednesday that it plans to sell most of its recycling and recovery operations across four central European countries to the environmental arm of German retail giant Schwarz Group in a deal valued at $1.3 billion.

  • September 16, 2020

    Ship Owner Says Law Firm Gave Bad Advice On Fuel Lien

    A Singapore-based ship owner accused a Maine law firm of negligence for advising it to resolve a lien stemming from a fuel supply dispute when the law was actually unsettled as to whether it had to pay or had other options.

  • September 16, 2020

    Commerce Mulls Turkish Steel Wire Duties In Subsidies Row

    The U.S. Department of Commerce announced it was mulling over placing duties as high as 135.06% on Turkish imports of a steel wire commonly used in bridge construction, saying the products were illegally subsidized by the Turkish government.

  • September 16, 2020

    Westmoreland Ch. 11 Trial To Continue In 2021, In Person

    A Texas bankruptcy judge on Wednesday said the half-done trial over consulting giant McKinsey & Co.'s disclosures in Westmoreland Coal Co.'s Chapter 11 will stay on hold until January to wait out COVID-19 restrictions on in-person court appearances.

  • September 16, 2020

    Judge Slams Donziger's 'Repackaged' Recusal Request

    A New York federal judge on Wednesday denied Chevron Corp. foe Steven Donziger's motion that she recuse herself from his criminal contempt case, saying it is just a "repackaged version" of a previously rejected attempt to disqualify her combined with a "grab bag" of meritless complaints.

  • September 16, 2020

    Texas Justices Question If Utility Injury Suit Ended Too Soon

    Texas Supreme Court justices on Wednesday questioned whether a personal injury lawsuit was prematurely ended in light of conflicting evidence on whether a hole left in the ground when a utility pole was removed had been filled in before the alleged injury.

  • September 16, 2020

    Feds Can't Stop Turkish Steel Duty Refunds Despite Appeal

    The U.S. Court of International Trade won't pause its July order for the federal government to refund national security tariffs on Turkish steel to importers, finding that the government's pending appeal is unlikely to be successful.

  • September 16, 2020

    Texas Justices Urged To Define Drilling Time Limit In Oil Lease

    Texas Supreme Court justices took a crack during oral arguments Wednesday at solving an oil and gas lease riddle, as they review a lower court's finding that an operator terminated a lease by not drilling a new well quickly enough.

  • September 16, 2020

    Investor Wins $1.8M Arb. Award Against Minerals Developer

    An Oklahoma federal judge has granted a default judgment to enforce an Italian investor's nearly $1.8 million arbitration award in a dispute that arose after she pulled her interest in an American oil and gas development company.

Expert Analysis

  • FERC Nod To Energy Storage As Transmission Has Caveats

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    While the Federal Energy Regulatory Commission recently approved the Midcontinent Independent System Operator plan to treat some electric storage facilities as transmission-only assets eligible for full cost-of-service rates, entities seeking similar approval will need to develop workable rules governing use of storage resources, say Mark Perlis and Bud Earley at Covington.

  • The Problem With Collectability In Legal Malpractice Cases

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    Attorneys are routinely immunized from malpractice actions when they represent plaintiffs pursuing claims that are not collectable, but an Illinois federal court's recent refusal to protect defense counsel in Newman v. Crane Heyman highlights inconsistency in collectability requirements, says Timothy Parilla at Palmersheim & Mathew.

  • Series

    BigLaw Needs More Underrepresented Attorneys As Leaders

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    Hiring more women, people of color and members of the LGBTQ community to BigLaw positions of power is the first key to making other underrepresented attorneys believe they have an opportunity for a path to leadership, says Ernest Greer, co-president at Greenberg Traurig.

  • Series

    BigLaw Cannot Reap Diversity Rewards Without Inclusion

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    BigLaw firms often focus on increasing their diversity numbers, but without much attention to equity and inclusion, minority lawyers face substantial barriers after they get their foot in the door, says Patricia Brown Holmes, managing partner at Riley Safer.

  • Series

    Advancing Racial Justice In The Legal Industry And Beyond

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    In addition to building and nurturing a diverse talent pipeline, law firms should collaborate with general counsel, academics and others to focus on injustices within the broader legal system, says Jonathan Harmon, chairman at McGuireWoods.

  • Series

    How Law Firms Can Hire And Retain More Black Attorneys

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    The pipeline of Black lawyers is limited, so BigLaw firms must invest in Black high school students, ensure Black attorneys receive origination credit and take other bold steps to increase Black representation in the industry, says Benjamin Wilson, chairman at Beveridge & Diamond.

  • Series

    Ideas For Closing BigLaw's Diversity Gap

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    If enough law firms undertake some universal diversity best practices, such as connecting minority lawyers to key client relationships and establishing accountability for those charged with spearheading progress, the legal industry could look a lot different in the foreseeable future, says Frederick Nance, global managing partner at Squire Patton.

  • Guest Feature

    Diversity Work Doesn't Have To Be Reserved For Partners

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    Serving on my firm's diversity committee as an associate has allowed me to improve access, support and opportunity for minority attorneys at the firm, while building leadership skills and fostering meaningful relationships with firm management and industry professionals, says Camille Bent at BakerHostetler.

  • 4 Opportunities For Mediators To Settle Big-Dollar Cases

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    A few specific stages of complicated, multimillion-dollar matters — ranging from prefiling to the beginning of trial — present unique opportunities for mediators to persuade the parties to compromise and lay the foundation for settlement, say Robert Fairbank and Kimberly West at Fairbank ADR.

  • Despite New Attacks, Citizen Suits Are Constitutional

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    A recent amicus curiae filing in a Michigan Clean Air Act case claims citizen suit provisions run afoul of constitutional principles — but federal courts have long held that such suits do not invade executive powers, since the federal government retains ultimate control over enforcement, say William Droze and Viktoriia De Las Casas at Troutman Pepper.

  • Mass. Clean Peak Standard's Success Will Hinge On Details

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    Massachusetts designed its new clean peak energy standard to incentivize the performance of renewable power resources when demand is high, but whether the program achieves its goals will depend on eligibility requirements, valuation of resources during different periods, and other details, says Zachary Gerson at Foley Hoag.

  • Remote Proceedings Bring New Wrinkles For Court Records

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    Parties and courts using remote videoconferencing should carefully consider how they will preserve a clear record of the proceedings, and the potential impact an official video record may have on appellate review, say Christopher Green and Sara Fish at Fish & Richardson.

  • The Blunt H-1B Instrument Hidden In Trump Orders

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    A deep dive into three recent moves from the Trump administration reveals that the secretary of labor is expected to use a never-tapped authority to conduct H-1B compliance investigations, and it is essential that companies — particularly federal contractors — understand how these can be far broader than traditional H-1B investigations, say Blake Chisam and Edward Raleigh at Fragomen.

  • Cross-Selling Strategies For Law Firms During Pandemic

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    Law firms can grow revenue during the COVID-19 crisis by facilitating communication among complementary practice groups, soliciting client feedback and engaging in other cross-selling activities that build on existing client bases, says consultant David Freeman.

  • When Wind And Solar Deals Require Premerger Reporting

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    Increasing numbers of mergers and acquisitions involving operational wind and solar projects may be reportable under the Hart-Scott-Rodino Act, so a fact-specific premerger analysis is essential for any pending renewables deal, say attorneys at Norton Rose.

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