Energy

  • July 11, 2019

    Full 5th Circ. Will Review Feds' Time-Barred CAA Suit

    The full Fifth Circuit has agreed to revisit a panel's ruling that the federal government can stop two Texas coal-fired power plants owned by a subsidiary of Vistra Energy Corp. from operating without Clean Air Act permits even though its claims were time-barred.

  • July 11, 2019

    BIA 'Inadequate' On Tribal Infrastructure, House Panel Told

    Leaders of two Native American tribes told a U.S. House Committee on Natural Resources subcommittee Thursday that the Bureau of Indian Affairs must do more to address a massive backlog of construction and maintenance work on tribal bridges, roads and buildings.

  • July 11, 2019

    Beechwood Needn't Post $250M Security, NY Judge Rules

    A New York federal judge has declined to force Cayman Islands reinsurer Beechwood Re Ltd. to put up $250 million in security as two insurers pursue claims they were swept up in a massive fraud involving now-defunct hedge fund Platinum Partners, saying the matter must be arbitrated.

  • July 11, 2019

    Texas Landowners Can't Prove Oncor Caused Grass Fire

    West Texas landowners can't pin the blame for a grass fire on power transmission company Oncor because they can't prove Oncor is more likely to have been responsible for the blaze than another possible cause, a Texas appellate court held Thursday.

  • July 11, 2019

    EPA Lays Out Plan To Avoid Duplicating States' Enforcement

    The federal government and states shouldn't duplicate inspections of permitted facilities, the U.S. Environmental Protection Agency said Thursday in its most comprehensive statement yet about the increased role the Trump administration wants states to take in compliance and enforcement matters.

  • July 11, 2019

    Okla. Jury Sides With Operator In Royalty Deduction Dispute

    After a two-week trial, an Oklahoma jury has unanimously rejected accusations by 11 oil and gas royalty owners that Range Resources Corp. made improper deductions from its royalty payments, according to a Wednesday judgment confirming the verdict.

  • July 11, 2019

    Pa. Utilities Must Factor Tax Credits In Improvement Charges

    A Pennsylvania appeals court ruled Thursday that a recent state law was unambiguous in its requirements that utility providers account for certain tax deductions and credits when calculating how much customers should pay for infrastructure improvement and maintenance.

  • July 11, 2019

    WTO Dispenses Of US-Mexico-Canada Metal Tariff Disputes

    The World Trade Organization on Thursday formally closed the book on four disputes between the U.S. and its North American neighbors that stemmed from the Trump administration's national security tariffs on imported steel and aluminum.

  • July 11, 2019

    Carlyle Lands $5.3B Across Credit, Infrastructure Funds

    The Carlyle Group on Thursday said it closed two funds totaling $5.3 billion that will be used to invest in infrastructure assets and provide capital solutions to upper-middle market borrowers.

  • July 11, 2019

    CNX Wants Gas Well Insurance Case Back In Pa. State Court

    CNX Gas Company LLC wants to return its lawsuit over insurance for a ruined Ohio gas well to Pennsylvania state court, arguing Wednesday that if even one of the policy's underwriters could be a citizen of Pennsylvania, the rest cannot seek federal jurisdiction over the case.

  • July 11, 2019

    Miner Says Bankrupt Blackjewel Fired Workers Without Notice

    A former employee of coal mining company Blackjewel LLC is accusing the company in a proposed class action of firing 1,000 workers without warning in violation of federal law after it filed for Chapter 11 protection earlier this month.

  • July 10, 2019

    PG&E Ordered To Respond To Report It Ignored Fire Dangers

    A California federal judge on Wednesday ordered Pacific Gas and Electric to provide a point-by-point response to an article from The Wall Street Journal, which reported the energy company failed to fix power lines that it knew posed fire hazards.

  • July 10, 2019

    Elk Petroleum Calls Equity Holders' DIP Objections Baseless

    Bankrupt oil and gas driller Elk Petroleum Inc. told a Delaware bankruptcy court judge Wednesday that objections from equity holders to its proposed post-petition financing were rooted in a misunderstanding of the value of the debtor’s assets and not on any substantive grounds.

  • July 10, 2019

    Execs Deny Infringing Sunoco Gas Blending Patents

    Two U.S. Venture executives on Wednesday defended the company's systems for blending gasoline with butane in a patent infringement trial, saying their automated blending methods differ from the ones laid out in four Sunoco LP patents.

  • July 10, 2019

    Boardwalk Pipeline Buyout Suit Should Stand, Chancery Told

    There is enough information to "reasonably" infer that Boardwalk Pipeline Partners LP's $1.5 billion public-unit buyout last year by its general partner was unfair to minority unitholders, and a suit challenging the transaction should proceed, a Delaware vice chancellor was told Wednesday.

  • July 10, 2019

    Methane Leak Victims Can't Appeal SoCalGas Criminal Plea

    A California appeals court ruled Tuesday that victims of a methane gas leak in 2015 cannot directly appeal Southern California Gas Co.'s criminal plea in order to seek restitution for all of their losses, yet it ordered a lower court to consider restitution for the unreported first three days of the leak.

  • July 10, 2019

    Texas Judge Kicks Tribe Members' Pipeline Suit To ND

    A Texas federal judge transferred litigation alleging that an oil pipeline trespasses on Three Affiliated Tribes reservation lands, noting that another proposed class action raising similar claims is already pending in North Dakota.

  • July 10, 2019

    The Top Deals Of The First Half And The Firms That Led Them

    The first half of 2019 saw no shortage of 11-figure M&A transactions, with firms like Wachtell and Kirkland leading some of the largest tie-ups to make headlines so far this year.

  • July 10, 2019

    Shell, Jiffy Lube Face Suit Over 'Oppressive' Pricing Scheme

    Two companies that own and operate Jiffy Lube motor oil change service centers in Illinois are suing Shell Oil Products US over what they called an “oppressive and arbitrary pricing scheme” that puts their businesses at a competitive disadvantage compared to other franchisees in the Chicagoland market.

  • July 10, 2019

    Gas Co.'s 'Misinformation Campaign' Not Protected Speech

    A company that provides compressed natural gas for mass transit systems can't use a Texas free speech law to end a competitor's suit alleging it went after clients with a misinformation email campaign because the law exempts "commercial speech," an appellate panel has held.

  • July 10, 2019

    4 Texas Legislative Moves To Know: Midyear Report

    Texas lawmakers in 2019 have made attorney fee awards optional for certain early dismissals of cases, relaxed oversight of power generation deals and granted a pay raise for long-serving judges. Here, Law360 highlights some of the most important changes attorneys should know from this session.

  • July 10, 2019

    Nigeria To Free Crew In Ongoing Swiss Oil Tanker Dispute

    A captured Swiss-registered cargo ship, whose detained crew is under constant threat of armed assault, is to be released by Nigeria after authorities seized the vessel on suspicion of illegally transferring fuel in Nigerian waters, an international tribunal has ordered.

  • July 10, 2019

    Citgo Tells High Court $100M Spill Liability Is Bad Policy

    Three Citgo units have told the U.S. Supreme Court that they should not be on the hook for a $100 million-plus oil spill judgment that resulted from a 2004 tanker crash, arguing that the refiner shouldn't have to face the exorbitant penalty for an accident that wasn't its fault.

  • July 9, 2019

    FCPA Policy Benefits Open To Repeat Bribery Offenders

    French oil conglomerate TechnipFMC was recently called out by the U.S. Department of Justice for one of its predecessor companies being a Foreign Corrupt Practices Act "recidivist," but the settlement shows that being a repeat offender doesn't block a company from getting cooperation and remediation credit.

  • July 9, 2019

    Carpatsky Stands By Subpoenas In $147M Award Dispute

    U.S.-based Carpatsky Petroleum Corp. is defending its requests for information about a Ukrainian company’s assets at home to aid efforts to collect on a $147 million arbitral award stemming from a soured business deal, telling a Texas federal court that the details sought are important.

Expert Analysis

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • PG&E Oversight Battle Looms For FERC, Bankruptcy Court

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    Although the Federal Energy Regulatory Commission recently reasserted its concurrent jurisdiction with the bankruptcy court over the disposition of Pacific Gas and Electric’s wholesale power contracts in bankruptcy, it is reasonable to assume that this clash between two governmental entities will ultimately be resolved in the U.S. Supreme Court, say attorneys at Blank Rome.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • Opinion

    NAFTA Update A Step Backward For US Investors

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    Under the U.S.-Mexico-Canada Agreement, U.S. investors would lose the robust international law protections and dispute resolution mechanisms that they have relied on for years in the North American Free Trade Agreement, say Ian Laird and Melissa Morris of Crowell & Moring.

  • Traders At Risk Of DOJ Wire Fraud Charges For Spoofing

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    In U.S. v. Vorley, the U.S. Department of Justice has charged two commodities traders with wire fraud, based on an alleged spoofing scheme. The DOJ's approach could greatly expand potential criminal liability for spoofing activity, say attorneys at Mayer Brown.

  • 4 Ways State AGs Are Targeting Energy Sector

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    State attorneys general are playing an increasingly prominent role in regulating energy and environmental activity within their states. Energy sector participants should note AG priorities and take a proactive approach, say attorneys at WilmerHale.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • How Del. High Court Sees Discussion Vs. Negotiation In M&A

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    Although there is still no bright-line test, last month's Delaware Supreme Court decision in Olenik v. Lodzinski clarified the difference between “preliminary discussions” and “negotiations” for purposes of the requirement set forth in the 2014 case Kahn v. M&F Worldwide, say attorneys at Fried Frank.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • Nuclear Power In The Age Of Decommissioning

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    U.S. nuclear power plant operators are increasingly seeking to transfer responsibility for decommissioning to new specialist entities — and early examples suggest that regulatory authorities will allow and support these transfers, say attorneys at WilmerHale.

  • Preparing For PFAS Scrutiny: Part 2

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    If the flurry of developments around per- and polyfluoroalkyl substances in the last six months is any indication, new regulatory proposals and new lawsuits could soon be springing up on an almost weekly basis, say William Tarantino and Megan Ault of Morrison & Foerster.

  • Preparing For PFAS Scrutiny: Part 1

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    While debate continues over the precise environmental and health effects of PFAS — or per- and polyfluoroalkyl substances — companies must be ready for heightened standards now being developed by Congress and federal agencies, say William Tarantino and Megan Ault of Morrison & Foerster.

  • A Tool For Budgeting Corporate Innovation Programs

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    How can companies calculate a budget for research and development and innovation programs? One helpful approach is to rank the company among its peer group of competitors, and this score can also serve as a leading indicator of stock price for the investment community, says Stephen Glazier of Akerman.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

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