Energy

  • September 14, 2020

    States Tell DC Circ. EPA Unlawfully Rescinded Methane Regs

    New York and California, joined by more than 20 other state and local governments, launched a challenge at the D.C. Circuit on Monday to the Trump administration's gutting of Obama-era regulations that clamped down on methane emissions from new and modified oil and gas infrastructure.

  • September 14, 2020

    2020's Turmoil Reinvigorates Fight For Environmental Justice

    Defined by the relentless COVID-19 pandemic and a reckoning with race relations, the summer of 2020 has pointed a spotlight at the country’s environmental hardships that advocates say illuminates a rare opportunity for progress toward environmental justice. This is the second story in a three-part series running this week on the fight for environmental justice in 2020.

  • September 14, 2020

    10th Circ. Told 'Diesel Brothers' Must Pay For Air Law Offense

    Public health advocates have told the Tenth Circuit that a lower court was right to impose roughly $850,000 in fines against the hosts of Discovery Channel's "Diesel Brothers," arguing they made money by altering vehicles to increase their emissions in violation of the Clean Air Act.

  • September 14, 2020

    Green Groups Say BLM Shouldn't Have OK'd New Mexico Mine

    The Bureau of Land Management approved mining exploration and development in a New Mexico mountain range without a clear idea of the environmental impacts or extent of the project's impacts on a nearby community, conservation groups have told a federal court.

  • September 11, 2020

    OxyChem Liable For NJ River Cleanup, But Amount Is Unclear

    Occidental Chemical Corp. can't escape at least partial liability for costs related to cleaning up a heavily polluted New Jersey river that could run more than $1.3 billion, but the question of how much responsibility other parties bear will be answered later, a federal judge said Friday.

  • September 11, 2020

    DC Man Touted Diamond Biz In Ponzi Scheme, Feds Say

    Florida prosecutors on Thursday accused a self-styled lapidary of conning individuals into investing in his purported diamond business, then giving them Ponzi payments while spending their money on himself.

  • September 11, 2020

    Sunoco Ordered To Reroute Mariner East Pipeline Section

    Pennsylvania regulators ordered Sunoco to reroute a segment of its controversial $3 billion Mariner East natural gas pipeline system on Friday, after a drilling mud spill along the line's route last month forced a lake in one of the state's most popular parks to be partially shut down.

  • September 11, 2020

    Oil Co. Seeks Insurance Coverage Of $1M Spill At 9th Circ.

    The Ninth Circuit should force Bitco General Insurance Corp. to cover $1 million in cleanup costs for an oil spill under an umbrella policy that doesn't exclude pollution, a Montana oil and gas company argued.

  • September 11, 2020

    Commerce Sets New Monitoring Rules For Steel Importers

    The U.S. Department of Commerce on Friday unveiled new reporting requirements for importers that will help the agency monitor steel imports, continuing the Trump administration's effort to keep a close watch on the nation's foreign steel dependency.

  • September 11, 2020

    5th Circ. Won't Revisit $12.7M Judgment Against Total E&P

    The Fifth Circuit announced Friday it will not reconsider its decision to reverse a $12.7 million lower court judgment against Total E&P USA Inc. for decommissioning costs of a pipeline system associated with abandoned wells in the Gulf of Mexico.

  • September 11, 2020

    Texas Gas Driller Approved For $115M Ch. 11 Asset Sale

    Six months after a deal to sell its assets for $192 million fell apart due to the cratering of energy commodity prices, Texas gas driller Approach Resources Inc. received tentative court approval Friday for a $115 million transaction with a new buyer.

  • September 11, 2020

    Steel Mill Claims Texas Pipeline Will Pollute Wetlands

    A Texas steel mill wants to stop the construction of a natural gas pipeline on its property, claiming that the permitting process used by the Army Corps of Engineers to clear the project was inadequate and unlawful.

  • September 11, 2020

    Minn. Fights To Move Climate Fraud Suit Back To State Court

    Minnesota accused Exxon Mobil Corp. on Thursday of twisting the state's suit accusing industry players of deceiving consumers about climate-change-related risks into "something unrecognizable" in an attempt to force the litigation to play out in federal court.

  • September 11, 2020

    Bondholder Says Venezuela Oil Co. Can't Escape $40M Ruling

    A Portuguese company that says it's owed some $40 million on a defaulted Venezuelan bond is urging a New York federal judge not to give the country's national oil company more time to shore up its defenses, pushing back against claims that it's been unable to access important underlying documents.

  • September 11, 2020

    Workers Say Natural Gas Co. Stiffed Them On OT

    A Wyoming natural gas service misclassified its oilfield workers in order to deny them overtime pay they earned working on the company's gas wells, according to a proposed class and collective action filed in Pennsylvania federal court.

  • September 11, 2020

    Tech, Sustainability Blank-Check Cos. Net $825M In Debuts

    A blank-check company backed by private equity firm True Wind and a sustainability-focused blank-check vehicle began trading Friday after raising a combined $825 million in initial public offerings guided by Ellenoff Grossman, Vinson & Elkins and Maples and Calder.

  • September 11, 2020

    EPA Struggles To Put Environmental Justice Vows Into Action

    The U.S. Environmental Protection Agency set clear environmental justice goals it wanted to meet by 2020. The Trump administration says it’s achieving those aims and keeping environmental justice at the forefront, but advocates say the White House is undermining those goals with a deregulatory agenda that hurts minority communities. This is the first story in a three-part series running this week on the fight for environmental justice in 2020.

  • September 11, 2020

    Iowa Sens. Want Steel Duties Lifted To Aid Storm Relief

    Iowa senators asked the Trump administration to remove national security tariffs on steel needed to rebuild the state after a severe storm in August, saying that exorbitant steel prices will cost farmers hundreds of millions of dollars.

  • September 11, 2020

    Pa. Landowners Can't Block Pipeline Across Leased Property

    A Pennsylvania federal judge on Friday shot down claims from a group of landowners that the leases they inked with a gas driller barred the company from building a pipeline across their properties to transport gas extracted from beneath other lands controlled by the company.

  • September 11, 2020

    1st Circ. Debates If RI Climate Suit Belongs In Federal Court

    First Circuit judges Friday questioned the contention that Rhode Island's suit seeking climate change-related infrastructure damages from fossil fuel companies belongs in federal court because the companies were at times working at the federal government's behest.

  • September 11, 2020

    Top UK Court To Weigh In On Grupo Mexico's Register Fight

    Britain's highest court said on Friday that it will hear a dispute between a Mexican mining giant and a company that sued it in Mexico, which will determine the extent of the powers of an English court to strike a firm off the register at the request of a third party.

  • September 10, 2020

    Arkema Says Prosecutor Misconduct Dooms Criminal Trial

    Chemical company Arkema Inc. used a full-day hearing Thursday to try to convince a Texas state court judge that criminal charges against it over chemical releases during Hurricane Harvey should be thrown out, arguing that evidence presented to a grand jury was based on a lie.

  • September 10, 2020

    Chancery OKs Fast Track For 2nd Poison Pill Challenge

    The second in a trio of Chancery Court suits challenging pandemic-driven poison pill provisions to defend against corporate takeovers won fast-track status on Thursday, with a Delaware vice chancellor rejecting company arguments that there was no possibility of irreparable harm to stockholders.

  • September 10, 2020

    NJ LNG Project Delayed Amid Green Group's Pushback

    A controversial proposal to add a liquefied natural gas export facility at a southern New Jersey port stalled Thursday when the Delaware River Basin Commission voted to delay its final approval of the project amid pushback from an environmental group overseeing the river. 

  • September 10, 2020

    SunCoke Energy Defeats Investors' Merger-Stalling Suit

    A Delaware federal judge on Wednesday dismissed an investor suit that had sought to hold up SunCoke Energy Partners LP's merger with its general partner and majority owner.

Expert Analysis

  • 8th Circ. Ruling May Provide Relief For Bakken Debtors

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    The Eighth Circuit’s recent decision that an oil and gas agreement provision requiring additional funds to participate in drilling a well was dischargeable in Slawson Exploration v. Nine Point Energy may aid debtors in the Bakken shale at a time when bankruptcy filings are expected to rise, say Isaac Griesbaum and Katherine Preston at Winston & Strawn.

  • Why Remote Depositions Are Likely Here To Stay

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    As attorneys and their clients realize it is possible to conduct video depositions just as smoothly as in-person sessions while eliminating travel, catering and other costs, they will likely demand that remote procedures remain in place even after the pandemic is contained, says Darren Goldman at Becker & Poliakoff.

  • Exxon Ruling Makes Traceability Key In Clean Air Citizen Suits

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    While the Fifth Circuit's recent ruling in Environment Texas Citizen Lobby v. ExxonMobil. says that Clean Air Act plaintiffs must prove standing for each alleged violation by defendants, the court's expansive view of traceability between violations and injuries may actually make that task easier, says Jane Fedder at Spencer Fane.

  • Opinion

    Biden's Climate Plan Overlooks Powerful GHG Weapon

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    Democratic presidential nominee Joe Biden's climate change plan omits the idea of setting a national ambient air quality standard for greenhouse gases — a powerful solution available immediately under the Clean Air Act, and likely strengthened by the U.S. Supreme Court's recent Bostock decision, says attorney Michael Quirke.

  • Accounting For The Effect Of Disclosures On Peer Stock Price

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    A new event study methodology provides a scientific and court-accepted approach to analyzing how company disclosures affect their peers' stock prices, which may prove useful for determining COVID-19's industrywide impacts in securities litigation, say Allan Kleidon and Filipe Lacerda at Cornerstone Research.

  • 7 Keys To Drafting Effective Legal Briefs

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    Bo Pearl at Paul Hastings explains how eliminating clunky transitions, mixing in short sentences, and making a few other tweaks can increase the persuasive power of legal briefs.

  • 5th Circ. Copyright Case Is Cautionary Tale For Big Data Cos.

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    The Fifth Circuit recently sided with an alleged hacker in the copyright case Digital Drilling v. Petrolink, providing some lessons to industries that rely on big data, such as the importance of putting yourself in the shoes of a potential infringer before a data breach occurs, says Matthew Fagan at Kacvinsky Daisak.

  • Weighing The Virtual Courtroom Option In Civil Cases

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    Lawyers can look to federal district courts' recent virtual proceedings to evaluate whether remote appearances would further their clients' interests in civil lawsuits or if they would impose unfairness and inefficiency, say Christopher Green and Sara Fish at Fish & Richardson.

  • Parsing Kamala Harris' Trade And Foreign Policy Views

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    Presumptive Democratic vice presidential nominee Kamala Harris' trade and foreign policy positions remain somewhat opaque, but statements she made during past campaigns and while in Congress about workers' rights, climate change and China provide clues, says Stacy Swanson at Squire Patton.

  • Attys Shouldn't Overlook Obligations To Potential Clients

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    A recent American Bar Association opinion addressing the types of new-client consultations that could lead to disqualification is a reminder that lawyers indeed owe prospective clients certain duties, which call for attention to three best practices, say Sarah Sweeney and Thomas Wilkinson at Cozen O'Connor.

  • Waste Cos. Must Note EPA's New Focus On Paper Inspections

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    In light of the U.S. Environmental Protection Agency's recently released enforcement priorities on air emissions, facilities that handle hazardous waste should increase attention on maintaining fully compliant records, which are key to the agency's paper-based inspections during COVID-19, say attorneys at Sidley.

  • Strategies For Associates Seeking Jobs Amid Hiring Slump

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    Law firms will be hiring conservatively well into 2021 and beyond, but associates eyeing a new firm or market can successfully make a move if they are pragmatic about their requirements, say Rebecca Glatzer and Kate Reder Sheikh at Major Lindsey.

  • FCPA Shield For Foreign Nationals May Extend To US Cos.

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    The Second Circuit's and the Connecticut district court's jurisdictional reasoning in U.S. v. Hoskins — that the Foreign Corrupt Practices Act does not reach foreign nationals unless they are principally liable as agents of a domestic concern — could also immunize a domestic corporate target in these circumstances, say attorneys at Alston & Bird.

  • Safeguards Against Legal Malpractice Liability As Claims Rise

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    History suggests that the COVID-19 crisis will lead to a surge in legal malpractice claims, but proper documentation, regular conflict checks and a few other steps can help minimize exposure, say attorneys at Munger Tolles.

  • Trump Nationwide Permit Move Could Interrupt Pipeline Suit

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    The Trump administration's proposal to revamp the nationwide permit program well ahead of schedule is clearly a response to recent litigation over the Keystone XL pipeline, and could moot those proceedings and force litigants to restart them, says Yvonne Hennessey at Barclay Damon.

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