Energy

  • 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.

  • September 10, 2020

    Oilfield Metals Biz OK'd To Use Lender Cash To Fuel Ch. 11

    Oilfield metals and services company Energy Alloys Holdings LLC was cleared by a Delaware judge Thursday to use lender cash collateral to fund operations as its Chapter 11 moves forward and it seeks a buyer for certain assets.

  • September 10, 2020

    5 Clean Energy Lessons From Calif. Blackouts

    Recent blackouts in California likely won't dissuade the Golden State and similarly minded states from decarbonizing their electricity sectors, but the demand and climate change-induced power outages show the road toward a cleaner grid won't always be smooth. Here, energy policy experts outline five lessons from the recent events in California for states pursuing a clean energy transition.

  • September 10, 2020

    Dakessian Tax Practice Adds Ex-Berkshire Hathaway Adviser

    Dakessian Law brought on Berkshire Hathaway's former in-house executive state counsel, who's experienced in providing advice and representation on multistate matters, to the firm's tax practice in California, according to the firm.

  • September 10, 2020

    5th Circ. Won't Revive Fired Exxon Worker's Drug Testing Suit

    The Fifth Circuit ended a former Louisiana petrochemical worker's bid to sue a drug testing administrator after he was fired for testing positive for marijuana, ruling Thursday that the suit's claims weren't backed by the evidence.

  • September 10, 2020

    EPA Defends Auto Fuel Economy Standards Rule

    The Trump administration has told the D.C. Circuit that a California-led challenge to the federal government's rescission of a waiver allowing the state to set its own vehicle emission standards only serves to "unreasonably aggrandize" the state's authority and undermine national standards.

  • September 10, 2020

    Delaware Demands Big Oil Foot Bill For Climate Change

    Delaware on Thursday joined the growing number of local and state governments seeking to make the fossil fuel industry pay for the costs of climate change, bringing a series of fraud and nuisance claims against oil and gas giants and the American Petroleum Institute in state court.

  • September 10, 2020

    Exxon Security Contractor Hit With EEOC Pregnancy Bias Suit

    A security company discriminated against a pregnant employee at an ExxonMobile facility by moving her to a more strenuous position and firing her after she asked to be reassigned, the U.S. Equal Opportunity Employment Commission alleged in a lawsuit filed in Louisiana federal court.

  • September 10, 2020

    French Water Co. Suez Again Rebuffs Bid For 30% Stake

    French water and waste management group Suez announced Thursday that its board again unanimously rebuffed competitor Veolia's €2.9 billion ($3.45 billion) bid for a nearly 30% stake in the business, citing the offering price and uncertainties about a merger's impact on its business structure.

  • September 10, 2020

    FERC Asks DC Circ. To Uphold $286M Gas Pipeline Approval

    A proposed Illinois and Missouri natural gas pipeline was adequately reviewed and would fulfill a market need necessary for its approval under federal law despite environmentalists' complaints, the Federal Energy Regulatory Commission told the D.C. Circuit.

  • September 10, 2020

    Tribe Sues Calif. Tax Department Over State Fuel Taxes

    The Pala Band of Mission Indians is asking a California federal court to block the state's taxation department from imposing taxes on motor vehicle fuel received or sold on its Southern California reservation, according to a complaint filed Wednesday.

  • September 10, 2020

    GOP's 'Skinny' COVID-19 Relief Bill Fails To Advance In Senate

    Senate Republicans failed Thursday to pass a limited package of coronavirus pandemic relief measures, which did not receive the necessary Democratic support to overcome a procedural hurdle.

  • September 10, 2020

    EPA's Legal Leader Will Head Back To Private Practice

    The U.S. Environmental Protection Agency's top lawyer said Thursday he's stepping down after more than two and a half years to return to private practice, while a Gibson Dunn alumnus will step up to fill his shoes.

  • September 10, 2020

    Construction JV Seeks $8M For Sewer Tunnel Flood Repairs

    A construction joint venture says it is owed at least $8.3 million by its main subcontractor for flood repairs on a $305 million sewer tunnel project in metropolitan Atlanta, in a suit that accuses the subcontractor of negligence and breach of contract.

  • September 09, 2020

    Dutch Investor Can't Resume $76M Spain Award Fight

    A Dutch renewable energy firm's lawsuit to enforce a €64.5 million ($76.23 million) arbitral award against Spain will remain on hold after a D.C. federal judge ruled Tuesday that there are too many unanswered questions relating to European Union law that could potentially affect enforcement.

  • September 09, 2020

    1st Circ. Says Energy Price Antitrust Row Is FERC's Domain

    The First Circuit on Wednesday refused to revive a small electricity reseller's proposed class action accusing Eversource Energy and Avangrid Inc. of artificially inflating wholesale power prices, saying the claims improperly target rates set by federal regulators.

  • September 09, 2020

    ND Says DOI Right To Recognize Riverbed Claim Over Tribe's

    North Dakota has urged a D.C. federal judge to trim the Mandan, Hidatsa and Arikara Nation's suit against the U.S. Department of the Interior over rights to land beneath the Missouri River, saying a DOI solicitor's opinion that the state owns the riverbed is backed by the historical record.

  • September 09, 2020

    Eni Can't Undo $371M Arbitration Award, Del. Justices Told

    Gulf LNG Energy LLC told the Delaware Supreme Court Wednesday that Eni USA should be barred from an effort to claw back $371.5 million awarded to Gulf in arbitration over a terminated agreement by which Eni used a liquefied natural gas import facility in Mississippi.

  • September 09, 2020

    Texas Panel Won't Stop Zoom Trial In $100M Oil & Gas Fight

    A Texas appellate panel said it can't review an oil and gas company's attempt to postpone a bench trial in a more than $100 million contract dispute case on the grounds that a videoconference trial would violate the contract's venue agreement.

Expert Analysis

  • Opinion

    ABA's New Guidance On Litigation Funding Misses The Mark

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    The American Bar Association should revise its recently approved best practices on third-party litigation funding as they do not reflect how legal finance actually works and could create confusion among lawyers, says Andrew Cohen at Burford Capital.

  • COVID-19 Is Straining Compact Between Utilities, Regulators

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    The Indiana Utility Regulatory Commission recently barred utilities from collecting late fees as COVID-19 strains their finances, but reducing previously approved sources of revenue to meet the utility's authorized revenue requirement may run afoul of the regulatory compact between utilities and their regulators, say Dane McKaughan and Todd Kimbrough at Holland & Knight.

  • New IT Restrictions For Gov't Contractors Bring M&A Hurdles

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    Prohibitions taking effect next week on the use of certain Chinese telecommunications technology by government contractors will have an immediate impact on M&A involving companies that do business with the federal government, and will require prospective buyers' careful consideration in four areas, say attorneys at Covington.

  • What Firms Should Ask Before Hiring Attorneys From Gov't

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    In the final year of any presidential administration, there is an undeniable appetite on the part of large law firms for government-savvy legal talent, but firms need to first consider how they will actually utilize their new star hire, says Michael Ellenhorn at Decipher.

  • The Ethics Of Using Chatbots For Legal Services

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    Delegating legal work to robots involves several risks, including running afoul of statutes dictating unauthorized practice of law, but with the right precautions, law firms can lawfully employ artificially intelligent chatbots that can imitate human conversations, say attorneys at Haynes and Boone.

  • Tax Court Ruling Highlights Importance Of Formula Clauses

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    The recent Tax Court decision in Nelson v. Commissioner — a case involving transfer of interests in a family business — reflects that the intent of donors is only as strong as the precise language in the formula clause, say Carsten Hoffmann and John Ashbrook at Stout Risius and Eric Bardwell at Jeffer Mangels.

  • Mitigating Joint Infringement Liability After Del. Patent Ruling

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    The recent Delaware federal court ruling in Midwest Energy Emissions v. Vistra Energy demonstrates that carefully structuring enterprise agreements to avoid satisfying the joint-enterprise patent infringement theory's equal-right requirement can help potential infringers avoid liability, says Alex Englehart at Oblon McClelland.

  • Opinion

    ABA Must Seize Opportunity To Respond To Bar Exam Chaos

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    The challenges of administering bar exams this year have put the future of the profession in jeopardy, but the American Bar Association at its ongoing annual meeting can adopt a resolution that would urge jurisdictions to take emergency actions with respect to licensure of new attorneys, says Nicholas Allard, former president of Brooklyn Law School.

  • How Pandemic Is Affecting The Pace Of Judicial Opinions

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    The COVID-19 pandemic has changed the way judges work, but how has it impacted the volume of work product they generate? Ben Strawn and Omeed Azmoudeh at Davis Graham investigate using data from the PACER federal courts registry.

  • DC Circ. Ruling Boosts FERC's Authority On Energy Storage

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    The D.C. Circuit's recent ruling in National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission sends an important signal to the electric power industry that FERC has broad powers to promote the participation of energy storage resources in wholesale electricity markets, say attorneys at Greenberg Traurig.

  • How Key US States Are Responding To The Oil Price Collapse

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    Leading oil and gas producing jurisdictions across the U.S. have responded to collapsing oil prices in various ways, but companies should note even the most proactive states have not mandated production cuts or provided tax relief for operators, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • 6 Steps For Law Firms Looking To Improve Their Culture

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    The COVID-19 crisis represents an inflection point for law firm culture, and smart firm leaders will take advantage of this moment to build innovation-welcoming environments that support partners, associates, business services teams and clients alike, say Jennifer Johnson at Calibrate Legal and Kathleen Pearson at Pillsbury.

  • FERC Reg Changes Create New Hurdles For Renewables

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    The Federal Energy Regulatory Commission's recently approved revisions to its regulations implementing the Public Utility Regulatory Policies Act will likely have negative impacts on small-scale renewable energy facilities, making such projects less appealing to prospective lenders, say Michael Yuffee and Ryan Norfolk at Winston & Strawn.

  • Virtual Courts Amplify Lawyers' Corporate Spokesperson Role

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    Greater access to virtual court proceedings during the pandemic means an increased likelihood that legal arguments will jump from the courtroom to the court of public opinion, so counsel must tailor statements with the client's reputation in mind, says Mike Dolan at Finsbury.

  • 4 Tax Questions To Ask Before Signing An Enviro Settlement

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    In light of recently proposed IRS regulations, companies facing government environmental enforcement actions that want to deduct related payments must ask several key questions before finalizing any settlement agreement or court order, say Monty Cooper and Teresa Abney at Crowell & Moring.

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