Energy

  • January 06, 2022

    North Dakota AG Says Tribes' Oil Taxes Are Not State Revenue

    Taxes related to oil extraction and production on reservations and tribal trust lands cannot be considered state revenue, North Dakota's attorney general has said in a letter to the state treasurer.

  • January 06, 2022

    Paul Weiss-Advised Apollo Closes $2.5B Infrastructure Fund

    Apollo Global Management, represented by Paul Weiss, said Thursday that it has clinched its second infrastructure fund after securing roughly $2.54 billion from limited partners, with plans to target areas like communications, power and renewables, and transportation.

  • January 06, 2022

    SocGen's Car Leasing Unit Bids €4.9B For LeasePlan

    The car leasing subsidiary of French banking giant Societe Generale SA will pay €4.9 billion ($5.5 billion) to buy Dutch automobile fleet and leasing company LeasePlan from a group led by U.K. private equity shop TDR Capital, the companies said Thursday.

  • January 05, 2022

    Del. Climate Suit Against Big Oil Heads Back To State Court

    A Delaware federal judge on Wednesday agreed to remand Delaware's suit looking to force fossil fuel companies to pay for climate change-related costs, agreeing with the state that its complaint only asserts state law claims and thus belongs in state court.

  • January 05, 2022

    NextDecade Delays Its Rio Grande LNG Export Project Again

    The developer of a controversial liquefied natural gas export terminal in South Texas will again hold off on a final investment decision for its LNG project, saying the project will be delayed until the second half of 2022.

  • January 05, 2022

    Youngkin Taps Trump's EPA Chief For Top Va. Enviro Job

    Virginia Gov.-elect Glenn Youngkin announced Wednesday that he'll appoint the former leader of the U.S. Environmental Protection Agency under the Trump administration as the secretary of natural resources, the top environmental job in the state.

  • January 05, 2022

    Turkish Foil Co. Looks To Shoot Down US Duties

    A Turkish aluminum company has urged the Court of International Trade to find that duties placed on its product are too elevated because the U.S. Commerce Department made miscalculations when levying the tariff.

  • January 05, 2022

    PetroSaudi Expands Appeal In 1MDB Embezzlement Case

    A PetroSaudi unit has widened an appeal in a case brought by U.S. prosecutors to seize a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds, saying Wednesday that it is challenging an order granting the government's request to keep the award frozen.

  • January 05, 2022

    Inside The Top De-SPACs That Didn't Survive 2021's 2nd Half

    The number of special-purpose acquisition company mergers that got terminated before closing ticked up in the second half of 2021, showing that despite their continued popularity as an alternative path to going public, de-SPACs aren't always a sure thing.

  • January 05, 2022

    EPA Missed Smog Plan Deadlines In 6 States, Enviros Say

    The U.S. Environmental Protection Agency has blown critical deadlines to force six states with elevated smog levels to create plans to fix those issues, environmental groups said Wednesday in a bid to force the agency's hand.

  • January 05, 2022

    9th Circ. Allows Oil, Gas Cos. Into Fed. Lease Litigation

    The Ninth Circuit on Wednesday reversed Montana and Idaho federal judges and granted oil and gas developers Anschutz Exploration Corp. and Chesapeake Exploration LLC permission to intervene in lawsuits that environmentalists filed to cancel certain oil and gas leases in western states.

  • January 05, 2022

    Kumtor Gold Can't Depose Kyrgyz Official For Ch. 11 Defense

    A New York bankruptcy judge denied a request Wednesday by bankrupt Kumtor Gold Co. to depose Kyrgyzstan's energy minister, saying the company had not yet justified its discovery demand and would have to complete other depositions.

  • January 05, 2022

    Texas Oilwell Co. Loses Trade Secrets Trial Against Rival

    Vita International Inc. was dealt a loss in its trade secrets lawsuit against rival Foro Energy Inc. after a Texas federal judge ruled that Vita's conceptual drawings of a deployment wheel were "generally known" in the oil and gas industries, and thus not a trade secret.

  • January 05, 2022

    Mitsubishi Says CBP Mislabeled Power Plant Catalysts

    A Mitsubishi unit has sued the federal government at the U.S. Court of International Trade, alleging its imports of equipment used to process fossil fuel combustion gases should have been exempt from steep Trump-era tariffs on Chinese goods.

  • January 05, 2022

    Judge Says DAPL Security Contractor Docs Are Public Record

    The developer of the Dakota Access pipeline has lost its bid to keep thousands of documents related to the project's construction security under wraps, after a North Dakota state judge determined the documents are subject to public records requests.

  • January 05, 2022

    Ala. Power Co. Can't Escape Fatal Helicopter Accident Suit

    An Alabama federal judge on Tuesday refused to let utility conglomerate Southern Co.'s subsidiary escape a wrongful death suit accusing it of being liable for unmarked power lines that allegedly caused a fatal helicopter crash, finding that federal aviation regulation doesn't preempt the lawsuit's state tort claim.

  • January 05, 2022

    5th Circ. Won't Rethink Refusal To Enforce $18B Oil Award

    The Fifth Circuit has stood by a panel's December ruling that refused to enforce an $18 billion arbitral award against state-owned Saudi Aramco in a fight over allegedly unpaid rent for oil fields, denying both a request for a panel rehearing and en banc review of the opinion. 

  • January 05, 2022

    Commerce Removes Duties On Thai Pipes After Court Rebuke

    Three months after the Court of International Trade rejected proposed anti-dumping duties on Thai piping as overexpansive and illegitimate, the U.S. Department of Commerce reluctantly agreed Tuesday to withdraw tariffs on Thai pipes used to construct oil and gas lines.

  • January 05, 2022

    Dakota Access Insists Permit Row Merits Justices' Review

    The U.S. Supreme Court should review the D.C. Circuit's invalidation of a key permit for the Dakota Access pipeline because the lower court wrongly raised the bar for environmental reviews, the pipeline's owners said Tuesday.

  • January 05, 2022

    PG&E Caused Catastrophic Dixie Fire, Calif. Officials Say

    The second-largest wildfire in California history, which burned nearly a million acres across five Northern California counties last year, was sparked when a tree made contact with power lines owned and operated by Pacific Gas and Electric, state fire officials said Tuesday.

  • January 04, 2022

    Holtec Snags $26M Win In Suit Over Stalled NJ Tax Break

    A New Jersey judge has ruled that nuclear energy giant Holtec International is entitled to a $26 million tax credit that was held up over alleged misrepresentations the company made to the state's business incentive department, reasoning that questions on the application were ambiguous.

  • January 04, 2022

    Zoom Trial Glitches Earn Kinder Morgan Redo In Tax Case

    A Texas appeals court has handed down what appears to be one of the first decisions undoing a Zoom trial's outcome because of technical difficulties, agreeing with fossil fuel company Kinder Morgan that its lead lawyer in a tax appraisal case was unfairly hobbled.

  • January 04, 2022

    Tribes Want Work At Nev. Lithium Mine Paused During Appeal

    Native American tribes have asked a federal judge to block work on a Nevada lithium mine while they try to undo her decision to allow a company's trenching operations on a site they say includes tribal artifacts.

  • January 04, 2022

    Electricity Cos. Fight $4.3B Merger Rejection At NM High Court

    PNM Resources and Avangrid Inc. on Monday urged New Mexico's highest court to review the rejection of their $4.3 billion merger by state utility regulators who said the proposed deal's risks outweighed its benefits.

  • January 04, 2022

    ND Says DAPL Protesters' Loss Backs State Suit Against Feds

    North Dakota told a federal judge Tuesday that his recent decision to end a suit claiming state police used excessive force against Dakota Access pipeline protesters bolsters the state's own suit seeking $38 million from the federal government for allegedly failing to control the demonstrations.

Expert Analysis

  • Colo. Ozone Permit Probes Point To Unclear Federal Guidance

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    Two recent investigations into ozone pollution and air quality permits issued by a Colorado state agency suggest that federal guidance for state agencies on minor-source air permitting is inadequate and confusing — meaning that without further direction from the U.S. Environmental Protection Agency, permit applicants remain in a fog, says John Watson at Spencer Fane.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Bipartisan CFIUS Proposals Lack Cohesive Security Strategy

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    Although there is bipartisan support for expansion of the Committee on Foreign Investment in the United States' jurisdiction, diversity within the flurry of recent legislative proposals reflects a deeper struggle over the scope and kinds of economic security issues that should be treated as a matter of national security, says attorney Devin DeBacker.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • What Latest Build Back Better Draft Means For Green Energy

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    The House Rules Committee's most recent draft of the Build Back Better Act would be a game changer for renewable energy, with numerous updates to investment and tax policies affecting green power projects — but stakeholders must factor in the possibility of more changes to the bill before enactment, say attorneys at Troutman Pepper.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Navigating FCPA Risks Of Minority-Owned Joint Ventures

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    The U.S. Department of Justice and U.S. Securities and Exchange Commission will likely continue to focus on third-party risks under the Foreign Corrupt Practices Act, so companies with minority-owned joint ventures should take several steps to mitigate related compliance challenges, say Ben Kimberley at The Clorox Company and Addison Thompson at Covington.

  • Opinion

    Justices Missed A Chance To Fix Defamation Law's Imbalance

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    In declining this week to review Tah v. Global Witness Publishing, the U.S. Supreme Court missed an opportunity to restore sanity and balance to U.S. defamation law by addressing the extraordinary obstacles facing plaintiffs seeking to establish actual malice on the part of defendants, says Rodney Smolla at Delaware Law School.

  • How Hydrogen Figures Into Europe's Energy Transition Policy

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    The European Commission's Fit for 55 plan to cut greenhouse gas emissions would expand the use of hydrogen by numerous key industries, so companies doing business in Europe should familiarize themselves with the plan's complex matrix of hydrogen-related regulations and incentives, say attorneys at Shearman.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • SC Asbestos Decision Eases Causation Burden For Plaintiffs

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    The South Carolina Court of Appeals' recent affirmation of a lower court's decision in Jolly v. General Electric means that plaintiffs experts can now testify that every exposure to asbestos contributes to the development of mesothelioma, likely making it easier to establish causation, say Timothy Larkin and Caroline Shea at Husch Blackwell.

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