Energy

  • 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.

  • August 07, 2020

    Wind Project Owners Urge 8th Circ. To Back Power Deal Win

    Four wind project owners have urged the Eighth Circuit to uphold an order barring a Nebraska public utility from prematurely ending its 20-year power purchase agreements, telling the court that terminating the contracts would have "devastating consequences."

  • August 07, 2020

    Spain Says Energy Co.'s Case Should Be Consolidated

    Spain on Thursday accused a renewable energy company of trying to place the country in a "procedural straitjacket," urging a D.C. federal court to consolidate the company's case with another one seeking to enforce an award related to the country's energy regulatory framework.

  • August 07, 2020

    Texas Attys Accused Of Botching $2.2M Deepwater Spill Claim

    Two Houston-area personal injury law firms and a handful of attorneys have been hit with a legal malpractice lawsuit brought in state court by a former client who alleged their failure to comply with "simple pretrial orders" resulted in the dismissal of his $2.2 million Deepwater Horizon claim.

  • August 07, 2020

    Canada Unveils $2.7B Plan To Retaliate Against New US Tariffs

    Canada on Friday laid out its plan to retaliate against the Trump administration's newly revived tariff on Canadian aluminum, proposing new duties of its own on $2.7 billion worth of U.S. goods, including bicycles, household appliances and sports equipment.

  • August 07, 2020

    Ex-Pa. Biofuel Exec Gets 7 Years After Fraud Conviction

    A disgraced former Pennsylvania biofuel executive was sentenced to seven years in federal prison Thursday after being convicted on charges that he used his company to bilk the government out of tens of millions of dollars' worth of industry subsidies.

  • August 07, 2020

    Taxation With Representation: Wachtell, Skadden, Latham

    In this week's Taxation With Representation, Marathon Petroleum sells Speedway in a $21 billion deal, Teladoc Health and Livongo ink a $18.5 billion merger, and a $16.3 billion Siemens buy creates the world's biggest cancer care provider.

  • August 07, 2020

    TVA Yanks Outsourcing Decision Amid Trump Pressure

    The Tennessee Valley Authority has reversed course on plans to outsource technology jobs abroad, three days after President Donald Trump fired two of the government-owned utility's board members and inked an executive order requiring federal agencies to prioritize Americans for contractor roles.

  • August 07, 2020

    Sierra Club Says Feds' Objection To Deal With DTE Unfounded

    The Sierra Club says the federal government's opposition to a deal the group struck with DTE Energy Co. to resolve long-standing allegations that DTE illegally modified power plants is over the top, unfounded and should be rejected.

  • August 07, 2020

    Schlumberger Loses Copyright Claim In Stolen Software Suit

    A Canadian oilfield services company's hydraulics software isn't similar enough to drilling software developed by a Schlumberger unit to support a copyright infringement claim, a Texas federal judge has ruled.

  • August 07, 2020

    LA Metal Ingot Co. Accused Of Allowing Dangerous Runoff

    A metal ingot manufacturer has regularly polluted Los Angeles waterways for over half a decade and must be stopped, according to a resident who says her enjoyment of area rivers has been impaired.

  • August 07, 2020

    Cattle Group's Challenge To Trump Water Rule Falls Short

    An Oregon federal judge on Thursday refused to block the Trump administration rule narrowing the scope of the Clean Water Act, tossing a challenge to the rule lodged by a ranching industry group.

  • August 07, 2020

    4 Texas Supreme Court Cases To Watch This Term

    In the Texas Supreme Court's upcoming term, the court has the chance to clarify what evidence is required for injured employees or relatives of dead employees to hold their employers liable in intentional tort suits and establish how trade secrets are treated during court proceedings. Here, Law360 takes a look at four cases attorneys are watching.

  • August 07, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a U.K. insurance technology company take aim at PwC after an acquisition went south, a major cruise line sue to curb travelers' insurance claims, and the U.K.'s criminal investigator file for civil recovery from a real estate company. Here, Law360 looks at those and other new claims in the U.K.

  • August 07, 2020

    US, UK Investigators End Unaoil-Linked Graft Probes Into KBR

    Investigators in the U.S. and Britain have dropped their corruption probes into KBR Inc. over the engineering company's dealings with Unaoil, the oil consultancy accused of bribing government officials around the world to secure contracts on behalf of dozens of businesses.

  • August 06, 2020

    Feds Charge Ex-Citgo Official In PDVSA Bribery Probe

    A former procurement officer and manager for Citgo took over $2.5 million in bribes to help contractors win business with state-owned oil company Petróleos de Venezuela SA, federal prosecutors said Thursday.

  • August 06, 2020

    2nd Circ. Gives Rio Tinto Investor's Fraud Suit Shot To Survive

    The Second Circuit refused Thursday to revive claims from an investor alleging Rio Tinto and former executives concealed problems with a $3.7 billion Mozambican mining project, but did open the door for a claim deemed abandoned to possibly proceed.

  • August 06, 2020

    Engineering Co. Says It's Owed $35M For Risberg Pipeline

    An engineering and consulting company accused RH Energytrans, the company behind the 28-mile Risberg natural gas pipeline, of failing to pay $35 million for a construction contract and additional work, according to a lawsuit filed Wednesday in Pennsylvania federal court.

  • August 06, 2020

    Canada Clears WESCO's $4.5B Anixter Deal With Conditions

    WESCO International Inc. cut a deal with Canada's competition enforcer Thursday to unload a pair of businesses in order to address concerns raised by the company's $4.5 billion purchase of Anixter International Inc.

  • August 06, 2020

    DOE Seeks Remediators For Nuclear Material Processing Site

    The U.S. Department of Energy is seeking potential contractors for management and environmental remediation at a site in South Carolina formerly used to process plutonium from decommissioned nuclear weapons, which is at the center of an ongoing legal battle.

  • August 06, 2020

    US To Revive 10% Tariff On Canadian Aluminum

    President Donald Trump announced Thursday that he will reinstate a 10% duty on Canadian aluminum later this month, citing a surge in imports that the administration has deemed a threat to national security.

  • 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.

Expert Analysis

  • Expanded UK Merger Control Regime Could Hit US Investors

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    The U.K. Competition and Markets Authority’s recent proposal to lower the thresholds for reporting foreign acquisitions and changes in control could mean U.S. investors in certain technology and materials sectors may face more frequent scrutiny of their transactions on national security and public interest grounds, says Veronica Roberts at Herbert Smith.

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • What DC Circ. Tolling Order Ruling Means For FERC Cases

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    Given the D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission that FERC cannot use tolling orders to indefinitely delay rehearing of Natural Gas Act cases, the commission must consider new procedures to manage NGA rehearing requests — and probably Federal Power Act rehearing requests too, say Michael Yuffee and Ryan Norfolk at Winston & Strawn.

  • Final IRS Rules On REIT Dividends Create Statutory Conflict

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    The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

  • COVID-19 Offers Force Majeure Lessons For Climate Planning

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    The COVID-19 pandemic and ensuing commercial litigation has resurfaced a discussion around the growing need for tailored force majeure and other contractual provisions specifically addressing climate change risks, which may be chronic, long-term or arguably foreseeable, say attorneys at Kirkland.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Opinion

    Criminal Contempt Charges In Donziger Case Are Excessive

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    We are deeply troubled by many aspects of a New York federal judge's criminal contempt case against human rights attorney Steven Donziger, including extraordinary and unfair pretrial home confinement, say retired U.S. District Judges Nancy Gertner and Mark Bennett.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Corporate Enviro Planning In The Black Lives Matter Era

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    The Black Lives Matter movement is drawing more attention to the disproportionate impacts of environmental incidents and industrial facility siting on minority populations, so companies seeking to mitigate reputational and legal risks should proactively engage communities of color in a transparent, empathetic way, say Simone Jones and Nicole Noelliste at Sidley.

  • Mining Project Highlights Cultural Heritage Risk For Cos.

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    Global condemnation of iron ore miner Rio Tinto's recent destruction of sacred indigenous sites in Australia demonstrates that failure to address cultural heritage risk can destroy corporate reputations, stock prices and the social license companies use to advance development projects, say Marion Werkheiser and Katherine Sorrell at Cultural Heritage Partners.

  • What FERC Grid Cybersecurity Review Means For Power Cos.

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    The Federal Energy Regulatory Commission's recently launched inquiry on cybersecurity enhancements to infrastructure reliability standards could lead to greater costs and compliance obligations for distributed generation assets, but also increased protection for the overall bulk power grid, say attorneys at Michael Best.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

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