Energy

  • August 06, 2020

    Exide's $179M Ch. 11 Sale Gets Smooth Approval In Del.

    Bankrupt battery maker Exide Holdings Inc. coasted to approval of a $179 million sale of its American assets to affiliates of Atlas Holdings LLC on Thursday when a Delaware judge assented to the consensual transaction.

  • August 06, 2020

    Treasury Blacklists Alleged Libyan Drug And Fuel Smugglers

    The U.S. Department of the Treasury announced sanctions on Thursday against three Libyan nationals it called a "network of smugglers," accusing the trio of running drugs and black-market fuel between Libya and Malta through shipping company Alwefaq Ltd.

  • August 06, 2020

    Green Groups Sue EPA For Sulfur Emissions Control Inaction

    Environmental groups on Thursday sued the U.S. Environmental Protection Agency in California federal court, accusing the agency of failing to crack down on states and territories that haven't crafted plans to reduce sulfur dioxide air pollution from power plants and other facilities.

  • August 06, 2020

    Mining Co. Will Pay Tribes Another $1.6M For River Cleanup

    Canadian mining giant Teck Resources Ltd. has agreed to shell out another $1.6 million to a confederated tribal nation to cover recent costs associated with pollutants it dumped into the Columbia River decades ago from its Canadian smelter that then leached into the Washington state environment.

  • August 06, 2020

    FERC Commissioner To Step Down Next Month

    Federal Energy Regulatory Commissioner Bernard McNamee said he will officially step down Sept. 4, which could leave the agency with the minimum number of commissioners needed for a quorum if President Donald Trump's recent nominations don't get confirmed.

  • August 05, 2020

    10th Circ. Nixes Trade Group's Obama Royalty Rule Challenge

    The American Petroleum Institute can't challenge an Obama-era rule governing civil penalty notices for oil and gas leases on federal and tribal land based on hypothetical injuries the group's members might incur, the Tenth Circuit ruled Wednesday.

  • August 05, 2020

    Australia Judge, Tax Body Square Off Over Mining Co. Refund

    An Australian judge said a mining company could keep a AU$2.3 million ($1.7 million) tax refund it had incorrectly claimed as research-and-development expenses, but he also blasted the country's tax authority for saying it would seek to recoup the money.

  • August 05, 2020

    DC Circ. Halts Order To Shut Down Dakota Access Pipeline

    The D.C. Circuit on Wednesday said the Dakota Access pipeline will not have to be shut down and drained of oil, halting a federal judge's order issued after he identified problems with an environmental review.

  • August 05, 2020

    Utah Ends Gold King Fight After EPA Commits $360M

    Utah has agreed to settle with the U.S. Environmental Protection Agency after the federal regulator committed more than $360 million to clean up abandoned mines fouled when millions of gallons of toxic waste was accidentally released into rivers by a government contractor.  

  • August 05, 2020

    Trade Court Questions Commerce's Tariff Exemption Process

    The U.S. Court of International Trade admonished the Trump administration on Wednesday for failing to sufficiently explain its decisions for rejecting a steel importer's requests to be excluded from national security tariffs, sending the requests back for reconsideration.

  • August 05, 2020

    LA Oil Co. Hit With Criminal Charges Over Leaky Wells

    Los Angeles has filed a slew of criminal charges against an oil and gas company over leaks at a shuttered production site neighbors say continues to cause health issues in violation of environmental and health regulations.

  • August 05, 2020

    Unsecured Creditors Blast Permian Tank's 'One-Sided' Ch. 11

    Unsecured creditors of Texas-based oil and gas storage tank maker Permian Tank & Manufacturing Inc. blasted the company's Chapter 11 on Wednesday, saying it is set up for the "exclusive" benefit of a creditor that has maneuvered itself into a position of controlling the bankruptcy.

  • August 05, 2020

    Spectra Suit Dismissal Invites Mischief, Del. Justices Told

    An attorney for former Spectra Energy Partners LP public investors told the Delaware Supreme Court on Wednesday that the Chancery Court wrongly discounted his chance of success before tossing a suit over a $661 million damage claim targeting an allegedly unfair general partner buyback, a decision that could encourage companies to "game the system."

  • August 05, 2020

    Developer Steps Into Tribes' Keystone Pipeline Challenge

    The TransCanada Keystone Pipeline and its parent corporation have urged a Montana federal court to dismiss claims brought by Montana tribes, after successfully intervening in their case challenging federal approval of pipeline construction across federal lands. 

  • August 05, 2020

    UK Traders Made $500M By Causing April Oil Crash, Suit Says

    A London-based firm recently revealed to have made $500 million in trading profits when U.S. oil prices went negative in April has been accused in a civil lawsuit of causing the historic crash with an aggressive price manipulation scheme.

  • August 05, 2020

    Green Groups Say Minn. Mining Permits Violate Species Law

    Federal agencies bypassed important environmental and endangered species requirements when they renewed mining permits in the Superior National Forest in northeastern Minnesota, green groups said in a new lawsuit Wednesday.

  • August 05, 2020

    Texas Appeals Court Says No Expert, No Malpractice Claim

    A Texas appeals court upheld Freeman Mills PC's defeat of legal malpractice claims lodged by an oil and gas exploration company, ruling Wednesday that White Rock Exploration Inc.'s expert witness didn't do enough to back up his assertion that the company would have fared better if Freeman Mills handled its case differently.

  • August 05, 2020

    Del. Justices Agree Calgon Carbon Must Release Merger Docs

    The Delaware Supreme Court on Wednesday affirmed a Chancery Court decision that ordered Calgon Carbon Corp. to turn over records related to its $1.3 billion merger with a Japanese company, despite Calgon's claims that "misconduct" should have led to the case being tossed.

  • August 05, 2020

    ComEd Pleads Not Guilty In Ill. Bribery Scheme

    Following its $200 million deal with prosecutors, Commonwealth Edison Co. pled not guilty Wednesday to a federal bribery charge alleging it arranged jobs and other benefits for allies of the Illinois House speaker in exchange for him supporting its push to change utility regulation.

  • August 05, 2020

    BlackRock Sustainability Fund Nets £2B From UK Pension Co.

    U.K. workplace pension provider Scottish Widows on Wednesday pledged £2 billion ($2.6 billion) toward BlackRock Inc.'s new global climate transition fund that targets investments in companies prepared for a low-carbon economy, including in sectors like energy, hospitality, transportation and health care.

  • August 05, 2020

    Crane Biz TNT Seeks Debt-Equity Swap To Stave Off Ch. 11

    Crane services company TNT said it's negotiating an out-of-court deal to slash debt and infuse another $225 million in cash into the company, but that it faces a Chapter 11 filing if it's unable to get enough creditors on board.

  • August 04, 2020

    NYMEX, Ex-Staffers To Pay $4M CFTC Fine In Info Leak Case

    The New York Mercantile Exchange and two former employees must pay a $4 million civil penalty stemming from 2013 accusations from the U.S. Commodity Futures Trading Commission that the duo repeatedly disclosed material nonpublic information to a broker, a New York district court judge ruled.

  • August 04, 2020

    Spain Fights Energy Biz's Efforts To Enforce €64.5M Award

    Spain has slammed a Dutch renewable energy firm's latest bid to collect a €64.5 million ($71.35 million) arbitral award against the Iberian nation, telling a D.C. federal judge that he shouldn't remove a stay he imposed because his reasons for imposing it haven't changed.

  • August 04, 2020

    EPA Cost-Benefit Rule Praised By Oil, Other Industries

    A U.S. Environmental Protection Agency proposal to establish the first-ever regulations for how costs and benefits are calculated in Clean Air Act rulemaking drew support from a diverse group of industry players who said past practices have been inconsistent and hurt businesses.

  • August 04, 2020

    5th Circ. Lets Westmoreland End Retirees' Health Benefits

    The Fifth Circuit ruled Tuesday that the bankrupt Westmoreland Coal Co. can modify or revoke its retirees' health benefits, holding that a 1988 amendment to the U.S. Bankruptcy Code overrides a 1992 law designed to protect retired miners from losing these benefits.

Expert Analysis

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • Key Elements Of NY Agencies' Renewable Energy Plan: Part 2

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    A proposal from two New York energy agencies that would significantly restructure the state's clean energy market could result in major impacts for load-serving entities and new economic opportunities for disadvantaged communities, says Kevin Blake of Phillips Lytle.

  • Key Elements Of NY Agencies' Renewable Energy Plan: Part 1

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    The framework for decarbonizing the power system set out in a new white paper from two New York energy agencies will require big changes to the state's Clean Energy Standard procurement structure, and could have major consequences for biofuels, hydropower and other energy sectors, says Kevin Blake at Phillips Lytle.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • ESG Reporting Considerations Amid Murky Standards

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    As the pandemic underscores the absence of unified requirements for environmental, social and governance reporting, public companies should be mindful of the proliferation of ESG data providers, the risks and benefits of voluntary disclosures, and common shareholder proposals during the 2020 proxy season, say LaDawn Naegle and Vicki Westerhaus at Bryan Cave.

  • Mass. Solar Incentive Restrictions Make Site Scrutiny Crucial

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    In light of the Massachusetts Department of Energy Resources' recent rule changes restricting incentives for solar development on ecologically sensitive greenfield sites, landowners and solar developers should assess target properties carefully before building, say attorneys at Beveridge & Diamond.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Why Colo. Stay Of Trump's Water Rule Is Noteworthy

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    Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

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    Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

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