Energy

  • October 07, 2021

    Kirkland, Locke Lord Rep Comstock's $154M Bakken Sale

    Texas-based natural gas driller Comstock Resources said Thursday it plans to sell its minority interests in more than 400 Bakken shale wells to Northern Oil & Gas, in a $154 million all-cash deal shaped by Kirkland & Ellis LLP and Locke Lord LLP.

  • October 07, 2021

    Ousted EPA Advisory Board Member Claims Anti-Industry Bias

    A former member of a U.S. Environmental Protection Agency advisory board launched a lawsuit Thursday alleging the Biden administration violated federal law when it dismissed the ranks of two key scientific advisory bodies to start fresh with newly appointed members.

  • October 07, 2021

    Texas Panel Reviews $89M Eagle Ford Accounting Fraud Row

    Repsol Oil and Gas sought to convince a San Antonio appeals court Thursday it's entitled to a new trial after getting hit with an $89 million judgment in an Eagle Ford Shale royalty fight, while a working interest owner argued for the damages figure to be higher. 

  • October 07, 2021

    Wash. Supreme Court Denies Review Of Youth Climate Suit

    Washington's Supreme Court on Thursday declined to consider a suit filed by children seeking to hold the state accountable for climate change, marking the latest defeat in the effort by youth to claim a constitutional right to a healthy environment.

  • October 07, 2021

    UAW Says It Didn't Cede Standing In 4th Circ. Benefits Case

    Unions can't waive their statutory power to sue to enforce contracts on retirees' behalf, the United Auto Workers has told the Fourth Circuit, urging the court to revive claims that an HVAC supplier breached a settlement by switching from group health insurance to a health reimbursement arrangement.

  • October 07, 2021

    Commerce Slashes Indian Pipe Co.'s Tariffs Under Protest

    The U.S. Department of Commerce slashed Indian steel pipe anti-dumping tariffs that the U.S. Court of International Trade had ordered it to rework, with Commerce saying Thursday that it was complying with the order under protest.  

  • October 07, 2021

    Federal Agencies Launch Plans To Reach Biden Climate Goals

    More than 20 federal agencies on Thursday published climate action plans that generally outline how they will try to reach goals laid out by President Joe Biden.

  • October 07, 2021

    Feds Say La.'s Bid To Move Lease Suit Already Rejected Once

    The federal government has told a Washington, D.C., federal court that it shouldn't entertain Louisiana's efforts to send south a suit over an upcoming sale of oil and gas leases in the Gulf of Mexico.

  • October 07, 2021

    Japanese Steel Co. Sues Over Security Tariff In Dumping Levy

    One of Japan's largest exporters of steel to the U.S. is suing over duties it says the U.S. Department of Commerce recalculated incorrectly this year following the imposition of security tariffs on steel imports under the Trump administration.

  • October 07, 2021

    Ovintiv To Pay $19.5M To Settle Okla. Gas Royalties Row

    Ovintiv Inc. agreed to pay $19.5 million to a class of Oklahoma property owners who alleged they were underpaid royalties for natural gas, according to court filings that describe the deal as the product of two years of negotiations.

  • October 06, 2021

    Projects Would Face Stiffer Scrutiny Under Biden NEPA Rule

    The Biden administration's proposal to restore environmental review requirements eliminated during the Trump era means that backers of projects including pipelines and roads will soon face more scrutiny from federal agencies over the climate change and environmental impacts of those developments.

  • October 06, 2021

    CCOs Play Key Role As Corruption, Supply Chain Risks Surge

    The compliance chiefs of FedEx Corp. and Cox Communications Inc. noted this week that investors, board members and regulators are demanding more information on corporate governance issues as global scandals, national security concerns and supply chain risks surge. 

  • October 06, 2021

    6th Circ. Rules Fed. Law Preempts Ohio Nuke-Exposure Suit

    The Sixth Circuit on Wednesday backed a lower court's decision to toss a suit filed by Ohio residents claiming they were exposed to radioactive material at an Appalachian nuclear power plant, saying their state law claims are preempted by federal law.

  • October 06, 2021

    JPMorgan Says Texas Winter Storm Was No Force Majeure

    JPMorgan Chase Bank has told a federal judge in Texas that the deadly winter storm that struck the state in February doesn't qualify as a force majeure event that would allow a wind farm to successfully fight against paying a $71 million bill.

  • October 06, 2021

    9th Circ. OKs EPA Weighing Costs In Water Permit Exceptions

    The Ninth Circuit on Wednesday kept intact the U.S. Environmental Protection Agency's decision to give dozens of Montana wastewater treatment facilities flexibility to meet water quality standards, overturning a lower court that ruled the permits weren't strict enough.

  • October 06, 2021

    Judge Says Haiti Central Bank Immune, Nixes Award Suit Stay

    A New York federal judge won't let Preble-Rish Haiti SA pause its $23 million award enforcement suit against the Haitian government, ruling Tuesday that the engineering firm most likely won't succeed while appealing for discovery access to the country's central bank funds.

  • October 06, 2021

    US Metal Co. Wants Commerce Adjustments Thrown Out

    Two domestic silicon metal producers urged the U.S. Court of International Trade to raise anti-dumping tariffs against imports from Bosnia and Herzegovina, saying the U.S. Department of Commerce improperly adjusted the rates.

  • October 06, 2021

    CIT Faults Commerce For Expanding Thai Pipe Duty Order

    The U.S. Court of International Trade ruled Wednesday that the government improperly applied duties to certain Thai pipes by expanding the duty order to cover merchandise that was not at issue when the levy was first crafted.

  • October 06, 2021

    John Wood Unit Asks High Court To Stop $700M Texas Case

    A John Wood Group PLC unit has asked the U.S. Supreme Court to review Texas state court decisions making the company face claims that it's responsible for an indirect subsidiary's work for Enterprise Products Partners on a propane processing facility, citing a divide between state courts on specific jurisdiction.

  • October 06, 2021

    New Slew Of Calif. Laws Crack Down On Plastics, Chemicals

    California Gov. Gavin Newsom has signed into law nine bills that will work toward making the Golden State's economy greener and protecting consumers by requiring products to be clearly and accurately labeled as to whether they can be recycled, composted or if they contain toxic chemicals.

  • October 06, 2021

    Highland Capital Seeks End Of Shareholder Undervaluing Suit

    Highland Capital Management LP has asked a Texas federal court to lift a stay and dismiss a shareholder lawsuit accusing the bankrupt investment firm of undervaluing a steel manufacturer by $10 million, saying the court lacks jurisdiction to hear the case.

  • October 06, 2021

    EU Floats State Aid Rules For 'Green' Digital Industries

    The European Commission sought public input Wednesday on proposed rules meant to make it easier for member states to help sustainable industries flourish without running afoul of competition agreements.

  • October 06, 2021

    Trade Court Keeps Duties Off Foreign Structural Steel

    The U.S. Court of International Trade has affirmed the U.S. International Trade Commission's decision to keep anti-dumping and countervailing duties off of fabricated structural steel from Mexico, Canada and China, nixing a domestic steel trade association's appeal.

  • October 06, 2021

    Judge Will Have Final Say On Puerto Rico Fiscal Plan

    The federal judge overseeing Puerto Rico's financial restructuring Wednesday ruled that she will be the one to make the final call on whether the restructuring proposed by the island's fiscal oversight board is consistent with the board's future fiscal plan.

  • October 06, 2021

    Attys' Misdeeds Must End Enforcement Case, FERC Told

    Lawyers for a trading firm accused of electricity market manipulation want the Federal Energy Regulatory Commission to drop its case against the estate of the firm's deceased co-founder following the revelation that enforcement lawyers violated agency regulations when they exchanged personal emails about the case.

Expert Analysis

  • 'Ecocide' May Be New Tool For Fighting Environmental Crime

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    While it could be difficult for the International Criminal Court to put into practice a recent proposal to make ecocide one of the crimes it prosecutes, it is undeniable that major environmental offenses often have effects similar to war crimes, which are already under the court's purview, says Josef Rybacki at WilmerHale.

  • Natural Capital: A Paradigm Shift In Valuing The Environment

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    Companies can reap multiple benefits from incorporating the concept of natural capital — best understood as the global stock of ecological resources and systems providing the goods and services necessary to support life and sustain industries — into their environmental, social and governance initiatives and compliance efforts, says Ian Guthoff at Goldberg Segalla.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Evaluating Challenges To SEC's ESG Disclosure Proposal

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    Jonathan Brightbill and Jennie Porter at Winston & Strawn examine constitutional and statutory arguments that organizations and state governments have articulated against the U.S. Securities and Exchange Commission’s proposal to mandate climate risk and environmental, social and governance disclosures.

  • Court Challenges, New Regs May Slow Infrastructure Plans

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    The U.S. Senate's passage of the bipartisan infrastructure bill heralds possible opportunities for companies in construction, finance and related sectors — but pending litigation and anticipated revisions to National Environmental Policy Act regulations might further complicate the already convoluted federal approval process for individual projects, say Carla Consoli and James Voyles at Lewis Roca.

  • Clear Documentation Helps Avoid Power Project Disputes

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    Claim trends show that a major driver of international arbitration disputes over the building and commissioning of power generation projects is lack of clarity around the scope of work to be performed by different parties — so defining and documenting all participants' responsibilities from the start can help head off conflicts, say engineers at Exponent.

  • Arbitrating Transnational Environmental Disputes

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    Given the proliferation of environmental disasters that cross national borders, an uptick in international legal cases filed against those allegedly responsible for them, including nation-states, is likely — and in many cases, arbitration will provide the most efficient and flexible way to resolve these disputes, say Bradley Henry and Annelise Alam at Michelman & Robinson.

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • Contractor Settlements Highlight Small Biz Compliance Risks

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    An uptick in enforcement actions against government contractors in the U.S. Small Business Administration’s preference programs should prompt participants to verify that they and their subcontractors are currently qualified, and to ensure compliance procedures include periodic review of the criteria, say Habib Ilahi and Eric Whytsell at Stinson.

  • Biden EV Order Boosts Opportunities For Automakers

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    The Biden administration's recent executive order promoting electric vehicles creates new opportunities for car companies by setting production targets and pollution and fuel economy benchmarks that should drive EV sales, and by fostering partnerships between automakers and network charging service providers, says Levi McAllister at Morgan Lewis.

  • What TSA's New Cybersecurity Standards Mean For Pipelines

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    The Transportation Security Administration's recent announcement of mandatory pipeline cybersecurity requirements may be challenged, but regardless, pipeline companies need to prepare for more cybersecurity rules and regulations, which appear to be forthcoming, say Shardul Desai and Marissa Serafino at Holland & Knight.

  • Arbitral Enforcement Takeaways From Kazakh Asset Ruling

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    While a Belgian court's recent decision in Stati v. Kazakhstan to uphold a freeze on Kazakhstan's assets sets a precedent in favor of arbitral award enforcement, it still highlights the difficulties of investor-state arbitration, and shows that investors' need to launch new proceedings may ultimately depend on the approach of the relevant jurisdictions, says Tomas Vail at Vail Dispute Resolution.

  • 17 Best Practices For Defending Against Ransomware Attacks

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    Following the biggest ransomware attack on record against U.S. businesses by the Russia-linked group REvil, and in the absence of legislative requirements, companies can protect themselves by not just adopting but actually implementing and testing several practical safeguards, say attorneys at Hall Booth.

  • Key Funding Opportunities In Senate Infrastructure Bill

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    The bipartisan infrastructure bill that recently passed the U.S. Senate offers major business opportunities for engineering, procurement, construction, project financing and renewable energy companies — assuming it can clear the political hurdles that lie ahead, say attorneys at Manatt.

  • 5 Reasons Lawyers Often Fail To Secure Litigation Funding

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    More than 95% of commercial litigation finance proposals are declined by funders because lawyers and their clients drastically underestimate the nuances of obtaining funding, but attorneys can overcome these challenges with informed and thoughtful preparation, says Charles Agee at Westfleet Advisors.

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