Energy

  • October 06, 2021

    White House Proposes Strengthening NEPA Reviews

    The White House on Wednesday proposed important revisions to the Trump administration's overhaul of how the National Environmental Policy Act is implemented, swinging the regulatory pendulum back in favor of more stringent reviews.

  • October 05, 2021

    King & Spalding Nabs Dechert International Arbitration Atty

    Érica Franzetti has joined King & Spalding LLP as a trial and global disputes partner from Dechert LLP.  She's an international arbitration attorney who focuses on international commercial and investor-state arbitrations and looks forward to developing her practice in Brazil.

  • October 05, 2021

    Osage Nation Members Slam Feds In Oil, Gas Royalties Suit

    Osage Nation members are fighting the federal government's bid to end their appeal of a tossed $100 million proposed class action over the distribution of oil and gas royalties, arguing that the federal government is using contradictory, previously rejected arguments about its trust duty responsibility for Osage headright owners.

  • October 05, 2021

    PowerPlan Can't Duck $47M Monopoly Suit Over Fake Threats

    A Georgia federal judge refused last week to toss claims accusing Atlanta-based software company PowerPlan Inc. of unfairly monopolizing the market for utility data management, including tax information processing, and making false threats to ax competition.

  • October 05, 2021

    Pa. Justices Will Weigh If 'Bad Faith' Factors In Fee Fight

    The Supreme Court of Pennsylvania said Tuesday it will hear two appeals over whether environmental groups and a pair of homeowners could be denied their attorney fees in lawsuits over a Sunoco pipeline if neither side acted in "bad faith."

  • October 05, 2021

    Canada Leans On Treaty In Fight Over Enbridge Pipeline

    Canada has invoked the dispute resolution provisions of a decades-old treaty with the United States to combat Michigan's efforts to shut down an interstate pipeline running underneath the Straits of Mackinac, which Ottawa claims is "vital to Canada's energy security and economic prosperity."

  • October 05, 2021

    Ill. Lakeside Residents Lose Cert. Bid In Oil Spill Suit

    An Illinois federal judge denied certification Tuesday to a proposed class of Highland, Illinois, residents seeking damages after a pipeline allegedly leaked thousands of gallons of crude oil into their water supply, stating that the proposed class is too vague.

  • October 05, 2021

    FERC Urged To Undo Rollback Of Clean Energy Subsidy Order

    Power producers on Tuesday urged the Federal Energy Regulatory Commission to break a commissioner divide that allowed the nation's largest grid operator to eliminate a requirement that state-backed renewable energy sources meet a price floor in electricity capacity auctions.

  • October 05, 2021

    ITC Bashes Suit Over LG Atty Access In Solar Case

    The U.S. International Trade Commission has defended its decision to restrict certain LG Electronics attorneys from a solar safeguard review, telling the U.S. Court of International Trade that it has "considerable discretion" over who can access confidential information.

  • October 05, 2021

    Amplify Faces Putative Class Action For 'Catastrophic' Spill

    Amplify Energy Corp. has been hit with a proposed class action filed in California federal court over the "catastrophic" pipeline leak about five miles off the coast of Huntington Beach, California, which spewed more than 100,000 gallons of crude.

  • October 05, 2021

    Shipper Strikes $5M Deal To End 2008 Oil Spill Suit

    American Commercial Lines LLC has agreed to purchase and preserve over 600 acres of woodland habitat for an estimated $3.25 million as well as pay over $2 million to resolve claims a 2008 oil spill damaged natural resources along the Mississippi River.

  • October 05, 2021

    2nd Circ. Pauses Climate Suit Remand For Exxon Appeal

    The Second Circuit late Tuesday paused a lower court's remand of Connecticut's climate fraud suit against ExxonMobil Corp. to state court while it mulls the oil giant's appeal, saying Exxon had made a sufficient case that a stay was warranted.

  • October 05, 2021

    Paxton Prosecutors Push To Keep Fraud Case In Houston

    The special prosecutors pursuing felony securities fraud charges against Texas Attorney General Ken Paxton have asked the state's highest criminal court to undo a lower appellate court's recent ruling that the lawsuit belongs in Collin County where it began.

  • October 05, 2021

    3rd Circ. Urged To Nix Future Claims Rep From Imerys Ch. 11

    Insurers of Imerys Talc America's predecessor asked the Third Circuit on Tuesday to boot a Young Conaway attorney as representative for future asbestos claimants in Imerys' Chapter 11 case, arguing that the firm's representation of the carriers in separate asbestos litigation poses a conflict.

  • October 05, 2021

    Contractor Lobs Counterclaims In $7.9M Battery Plant Row

    Alabama contractor TK LLC is pushing back on claims that it owes $7.9 million to a subcontractor for pipe work performed on an electric vehicle battery plant in Georgia, saying the work was late and subpar and that TK has suffered reputational damage.

  • October 05, 2021

    US Biz Urges Fed. Circ. To OK Turkish Co.'s Upped Duties

    A U.S. steel pipe maker has slammed a Turkish rival's efforts to reduce its anti-dumping duties on steel pipes, pressing the Federal Circuit to not only back higher tariffs, but raise the levies further.

  • October 05, 2021

    Pa. AG Charges Energy Transfer Over Spills As Pipeline Built

    An investigating grand jury in Pennsylvania has returned criminal charges against Energy Transfer LP over spills of drilling fluid that went unreported to state regulators during the construction of the Mariner East 2 pipeline, state Attorney General Josh Shapiro announced Tuesday.

  • October 05, 2021

    States Urge Biden To Consider Climate In Coal Lease Review

    A coalition of blue states on Tuesday urged the Biden administration to consider climate change and environmental justice impacts in an upcoming review of the federal coal leasing program, arguing the effects of the decisions made today will play out for generations to come.

  • October 05, 2021

    Holland & Hart Snags Colo. Energy Atty From Hogan Lovells

    Holland & Hart LLP has added an experienced oil, gas and mining attorney from Hogan Lovells to its environment and natural resources practice in Denver.

  • October 04, 2021

    Investors Want Musk To Repay Up To $9.4B For SolarCity Deal

    Tesla CEO Elon Musk should pay back stockholders up to $9.4 billion, the apparent value of the 2.4 million Tesla shares he received in exchange for his SolarCity shares through a deal with alleged conflicts for the billionaire, investors argued in a Delaware Chancery Court filing Friday.

  • October 04, 2021

    Calif. Oil Spill Will Ramp Up Regulatory Heat On Feds

    The underwater pipeline leak that befouled the Southern California coast over the weekend will increase pressure on the Biden administration to craft stronger safety and decommissioning regulations for aging offshore oil and gas infrastructure, which is especially prevalent in the Pacific Ocean.

  • October 04, 2021

    Spire Pipeline Urges High Court To Delay Permit Wipeout

    Gas pipeline operator Spire urged the U.S. Supreme Court on Monday to pause a D.C. Circuit order vacating a key permit for a now-completed St. Louis-area pipeline, saying it will ask the high court to resolve a circuit split on vacating agency decisions.

  • October 04, 2021

    BP Drilling Rig Provider Looks To Nix Award Over Tax Law

    A trio of companies affiliated with deep-water drilling contractor Seadrill are urging a judge in New York to vacate an arbitral award rejecting their claims against BP for compensation after a new U.S. tax law increased their costs by more than $55 million, saying their contract clearly puts the energy behemoth on the hook.

  • October 04, 2021

    Simpson-Led Stonepeak To Buy Gas Carrier Co. In $6.2B Deal

    Investment firm Stonepeak, led by Simpson Thacher, said Monday it plans to buy Squire Patton Boggs and Perkins Coie-advised Teekay LNG Partners LP, an operator of tank ships for transporting liquefied natural gas, in a deal worth $6.2 billion.

  • October 04, 2021

    Congo Hit With Claim By Iron Ore Miner

    An Australian mining company filed an arbitration charge against the Republic of the Congo on Thursday, accusing the central African country of taking over two iron ore mining projects and giving them to a "Chinese-linked" company.

Expert Analysis

  • 2nd Circ. Arbitral Award Ruling Signals Restrictive Approach

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    The Second Circuit's recent ruling in Gater Assets v. Moldovagaz, reversing a default judgment arbitration award on jurisdictional grounds, fortifies U.S. court protections for foreign states and state-owned entities, and forecasts the court's conservative approach to when nonparties can be bound by arbitration agreements, say attorneys at Cleary.

  • Despite Giuliani's Assertion, Lawyers Cannot 'Throw A Fake'

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    A new transcript reveals Rudy Giuliani telling federal agents in 2018 that it was permissible to "throw a fake" during a political campaign, but the notion that lawyers can commit acts of dishonesty without consequence as long as they do so outside their professional practice is belied by the rules of professional conduct and case law, says Hilary Gerzhoy at Harris Wiltshire.

  • The Complexity Of COVID-19 Price-Gouging Compliance

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    During the COVID-19 emergency, states have stepped up price-gouging regulatory and enforcement activity, so companies must devise effective solutions for monitoring price-setting across their organizations to ensure compliance with all applicable regulations, say attorneys at Kroll and Proskauer.

  • Opinion

    It's Time To Upgrade Our Attorney Licensure Rules

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    The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

  • Beyond Maui: Groundwater Guidance Still Needed

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    A Hawaii federal court recently became the first to apply the U.S. Supreme Court's decision in County of Maui v. Hawaii Wildlife Fund to rule on whether a permit was required for discharges from groundwater to waters of the United States, but more clarity from policymakers on this issue is still needed, say Kenneth Reich and Stephen Reich at Kenneth Reich Law.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Roundup

    Embracing ESG

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    In this ongoing Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • How SPACs Are Evolving, And What To Expect Next

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    Attorneys at Fried Frank analyze recent developments and new challenges facing special purpose acquisition companies, and offer predictions about creative adaptations that SPAC transactions may undergo in the future.

  • Retention Is Key To Meaningful Diversity At Law Firms

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    Minority attorneys leave their law firms earlier and at higher rates than their peers, so firms must deemphasize their diversity programs' focus on recruitment and rethink the ways they support and advance attorneys from underrepresented groups, say Shilpa Coorg and David Ramírez-Gálvez at DTO Law.

  • 4 Considerations In Light Of Cyber Incident Notification Bill

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    Following the recent introduction of a bipartisan bill that would require government contractors and critical infrastructure operators to report cyber intrusions to the federal government within 24 hours, companies should take several steps to assess their preparedness for identifying vulnerabilities and mitigating the risk of cyberattacks, say attorneys at Squire Patton.

  • Rebuttal

    Justices' Pipeline Ruling Is A Close Call For Gas Industry

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    While a recent Law360 guest article opined that the U.S. Supreme Court's PennEast Pipeline v. New Jersey decision will likely have little impact, the ruling's one-vote margin shows that the U.S. natural gas pipeline system may be more vulnerable than previously thought, says Laura Olive at NERA Economic Consulting.

  • 10 Steps To Building An ESG Board Committee: Part 2

    Excerpt from Practical Guidance
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    Once companies have established an environmental, social and governance committee within their board of directors, they should consider these additional steps to direct its focus on board composition, reporting structure, corporate record consistency and other key ESG issues, says Sarah Fortt at V&E.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • 10 Steps To Building An ESG Board Committee: Part 1

    Excerpt from Practical Guidance
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    Sarah Fortt at V&E lays out the first steps every company should take before creating an environmental, social and governance committee within the board of directors, or assigning ESG duties to existing board bodies, with an eye toward materiality, stakeholders, available data and more.

  • Opinion

    State Utility Regulators' Climate Mandates A Hopeful Trend

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    Laws passed in Maine, Massachusetts and Maryland this summer to expand state utility regulatory bodies' priorities to include consideration of climate impacts are a positive sign in the fight against climate change — and are likely just the beginning of a trend, say Joshua Rosen and Seth Jaffe at Foley Hoag.

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