Energy

  • December 22, 2021

    EPA Walks Back Trump OK For Okla. To Regulate Tribal Lands

    The U.S. Environmental Protection Agency on Wednesday proposed withdrawing a Trump-era policy allowing Oklahoma to maintain regulatory control over environmental issues on many tribal lands, a policy that was implemented after the U.S. Supreme Court's McGirt ruling raised major jurisdictional questions in the state.

  • December 22, 2021

    As Hacks Hit A Nerve, Admin. Pushed Reporting Of Breaches

    A ransomware attack on a major U.S. gas pipeline sharpened people's concerns about cybercrime in 2021, while federal agencies balanced working with the private sector and threatening penalties for keeping breaches secret. Law360 breaks down three steps the Biden administration took this year to address cybersecurity concerns.

  • December 22, 2021

    Taylor Energy To Pay $43M To Feds For Oil Spill Cleanup

    The former operator of a drilling platform that has leaked oil into the Gulf of Mexico for roughly 17 years has agreed to pay more than $43 million and hand over a $432 million fund to the federal government to resolve its liability for the longest-running oil spill in U.S. history, the federal government said Wednesday.

  • December 22, 2021

    FERC Says PG&E Can't Recoup $6M For Revised Grid Projects

    The Federal Energy Regulatory Commission has rejected Pacific Gas & Electric Co.'s bid to recoup approximately $5.9 million for three transmission projects that were subsequently downsized by California's regional grid operator, saying that doesn't constitute the projects' cancellation and entitle the utility to recover some of their costs.

  • December 22, 2021

    Judge Decries McGirt 'Havoc' But Finds For Feds On Mining

    Oklahoma lost its bid for an injunction to block the federal government from regulating coal mining on tribal lands in the state Wednesday, with a federal judge saying that the U.S. Supreme Court's McGirt decision has led to legal "havoc" but that the high court ruling and statutory language may doom Oklahoma's suit.

  • December 22, 2021

    Russia Creating Fake Gas Scarcity In EU, Ukraine Oil Co. Says

    Ukraine's state-owned energy company asked European Union competition officials Wednesday to intervene against Gazprom, accusing the Russian government-controlled energy giant of cutting off the natural gas spigot to Europe in an anti-competitive attempt to pressure the EU to sign off on a controversial pipeline.

  • December 22, 2021

    Chesapeake Utilities To Promote 6 To Leadership Roles

    Chesapeake Utilities Corporation will promote six to corporate leadership roles, including elevating a new chief operating officer, chief development officer and several new vice presidents, the company announced on Monday.

  • December 22, 2021

    Entrust Energy's Ch. 11 Back On Track After ERCOT Deal

    Houston energy retailer Entrust Energy Inc. is back on track with its Chapter 11 plan of liquidation after resolving an objection from the Electric Reliability Council of Texas and getting a nod from a bankruptcy judge.

  • December 22, 2021

    Solenex Fights To Get Decades-Old Montana Lease Reinstated

    The owner of a canceled oil and gas lease is urging a D.C. federal court to restore its long-suspended ability to drill on a 6,247-acre plot of land in west-central Montana, arguing that after decades of jerking the company around, the government can't just arbitrarily axe its lease.

  • December 22, 2021

    Canada Reaches Accord With S&P Global On IHS Markit Deal

    Canada's antitrust regulator has reached an agreement with S&P Global Inc. to resolve competition concerns related to its proposed purchase of IHS Markit Ltd., which include the divestiture of certain IHS assets, the agency said Tuesday.

  • December 22, 2021

    Biggest Corporate, Institutional, Gov't Injury Payouts Of 2021

    Several high-profile institutions and corporations as well as the state of Michigan carved out headline-grabbing settlements of mass torts and other injury claims in cases that were years in the making, including a multibillion-dollar resolution of sexual abuse claims against the Boy Scouts. Here, Law360 looks back at some of the year's top settlements.

  • December 22, 2021

    Top Transportation Rulings Of 2021

    A U.S. Supreme Court ruling clarifying the limits of specific personal jurisdiction for automakers, appellate decisions hampering ride-share and ride-hail drivers' efforts to pursue class actions, and shielding California workplace regulations from federal preemption are among the year's biggest court decisions impacting the transportation industry. Here, Law360 looks back at a few notable transportation-related rulings of 2021.

  • December 21, 2021

    Biden Admin. Gives Green Light To Major Calif. Solar Projects

    The Biden administration said Tuesday that it had approved a pair of significant solar projects in California, moving forward with renewable energy efforts just days after West Virginia Sen. Joe Manchin said he wouldn't be supporting the administration's Build Back Better Act.

  • December 21, 2021

    In Rare Move, Albright Stays 5 Cases For PTAB Reviews

    U.S. District Judge Alan Albright, who oversees the nation's busiest patent docket, has granted five requests to pause infringement litigation while the Patent Trial and Appeal Board reviews an oil drilling patent that DynaEnergetics has asserted in all five cases.

  • December 21, 2021

    St. Croix Refinery's Reopened Ch. 11 Sale OK'd In Texas

    A second-chance, $62 million bidder for the bankrupt and environmentally troubled Limetree Bay Refinery on the island of St. Croix in the U.S. Virgin Islands secured Bankruptcy Court approval for the deal in Texas late Tuesday after a daylong emergency sale hearing contested by the originally named winner. 

  • December 21, 2021

    Ukraine Urges DC Circ. To Keep $112M Discovery Appeal Alive

    The country of Ukraine urged the D.C. Circuit to keep alive its challenge to "sweeping" discovery in a $112 million dispute with a Russian oil company, saying it will lose any chance of appellate review if the appeals court doesn't immediately review the discovery order.

  • December 21, 2021

    Vitol, Trader Can't Shake FERC Market Manipulation Case

    A federal judge on Monday kept alive the Federal Energy Regulatory Commission's pursuit of approximately $3.55 million in market manipulation penalties against Vitol Inc. and one of its traders, rejecting arguments that FERC's case was time-barred and meritless.

  • December 21, 2021

    Wash. Tribe, Green Groups Want LNG Plant Permits Tossed

    A Native American tribe and community groups say Washington state's air permit approvals for a $310 million liquified natural gas refinery in Tacoma were based on a flawed environmental analysis, and want a state court to toss them.

  • December 21, 2021

    Feds Defend Duty Calculations For Bosnian Silicon Metal

    The federal government told a trade court that the U.S. Department of Commerce properly adjusted anti-dumping duties on silicon metal from Bosnia and Herzegovina when the sole mandatory respondent went silent, rebuffing domestic producers' attempts to raise the tariffs.

  • December 21, 2021

    EU Finalizes State Aid Guidelines Focused On Climate Change

    European Union competition officials announced on Tuesday the formal adoption of guidelines governing the financial support and other aid that member countries give to climate, environmental and energy projects.

  • December 21, 2021

    Minn. Agency Stands By Air Permit Issued To Metals Mine

    The Minnesota Pollution Control Agency has stood by its decision to issue an air quality permit for a copper-nickel-platinum mine in the northeast of the state, saying the company didn't mislead regulators and that the potential for a future expansion doesn't cost the mine its air permit.

  • December 21, 2021

    Italy Still Can't Escape Claim Over Offshore Oil Project

    An international tribunal has again rejected Italy's bid to nix a high-profile arbitration over the country's decision to ban oil and gas projects off its coastline, this time on the basis of a September decision in Europe striking down the arbitration provision in an underlying treaty for intra-EU disputes.

  • December 21, 2021

    FTC Demands Divestment Before Blessing Gas Station Deal

    Global Partners will ditch seven Connecticut gas stations in order to escape Federal Trade Commission claims that its proposed pickup of 27 Wheels-brand stations would be bad for competition in the state, the agency revealed Monday.

  • December 21, 2021

    Republicans Urge Justices Against EPA Power Sector Shift

    Nearly 100 congressional Republicans have asked the country's highest court to rule that the Environmental Protection Agency does not have the authority to carry out a transformation of the U.S. power sector from coal to renewable energy.

  • December 21, 2021

    Ohio Utility Gets Investor Suit Over $60M Bribery Plot Tossed

    An Ohio federal judge permanently threw out a proposed class action suit against American Electric Power Co. Inc. accusing it of misleading its shareholders about its alleged involvement in a $60 million corruption plot tied to a former speaker of the Ohio House of Representatives.

Expert Analysis

  • Draft Plan Illuminates EPA's Enviro Justice, Climate Priorities

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    The U.S. Environmental Protection Agency's recently released draft strategic plan provides the key to understanding a number of the agency's recent priorities, including an enhanced focus on environmental justice, greater oversight of regulatory programs, and state and local partnerships to enforce environmental laws, say attorneys at King & Spalding.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Proposed Mass. Enviro Regs Prompt Compliance Questions

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    The proposed amendments to the Massachusetts Environmental Policy Act would introduce new assessments for determining unfair or inequitable environmental burden on marginalized populations, but the lack of guidance and a looming implementation deadline leave developers in the dark on how to apply new regulatory concepts, say attorneys at Holland & Knight.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Opinion

    Subpoena Defense Cost Ruling Gets Insurance Law Wrong

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    A Connecticut federal court's recent decision that National Union Fire Insurance Co. of Pittsburgh didn't need to cover defense costs for a power utility's response to a grand jury subpoena included two crucial mistakes that contravene long-standing insurance law principles, say attorneys at Hunton.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

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    An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Shippers Face Risk Even From Voluntary GHG Reductions

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    As the global shipping industry prepares for mandates to cut maritime greenhouse gas emissions, some shippers are touting voluntary GHG reductions that exceed international requirements — but these efforts are not without potential legal and compliance risks, say attorneys at Winston & Strawn.

  • Behind The Curtain At Commerce's Operating Committee

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    Mi-Yong Kim at Bass Berry, former chair of the U.S. Department of Commerce's Export Administration Operating Committee, demystifies the obscure administrative body's decisions, which can make or break international transactions, and explains how the committee is poised to play a greater role as export controls become more complex.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

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