Energy

  • July 2, 2019

    DC Circ. Won't End Pipeline Fight Despite Land Deal

    The D.C. Circuit on Tuesday refused to dismiss Oberlin, Ohio's challenge of the Federal Energy Regulatory Commission's approval of the $2.1 billion Nexus gas pipeline, even though the city has granted permanent pipeline easements to the pipeline's developer.

  • July 2, 2019

    6th Circ. Clears FirstEnergy Of Subcontracting Infraction

    The National Labor Relations Board incorrectly ruled that a FirstEnergy unit should have bargained with a union before subcontracting out work at a Pennsylvania plant, but got it right in finding that the company illegally nixed retiree benefits after contract talks reached a stalemate, the Sixth Circuit said Tuesday.

  • July 2, 2019

    New EPA Air Chief Brings State Expertise At Crucial Time

    The new head of the U.S. Environmental Protection Agency's air office skyrocketed through the ranks of Texas governmental agencies and an EPA regional office, giving her significant local experience that makes her a logical pick for an administration focused on delegating more responsibility to states.

  • July 2, 2019

    Tribe Slams BNSF Attys' 'Hollow Apology' To 9th Circ.

    A Washington tribe, responding to the inclusion of potentially misleading passages in a brief filed by attorneys representing BNSF Railway Co. in a dispute over crude oil shipping, told the Ninth Circuit that the lawyers had offered "a hollow apology" for their actions.

  • July 2, 2019

    Erie Coke Says Survival Depends On Plant Permit's Renewal

    Erie Coke Corp. on Tuesday appealed a Pennsylvania Department of Environmental Protection filing that would require the company's only facility to shut down, claiming it had been working since February to address many of the problems the state said it had been unwilling or unable to fix.

  • July 2, 2019

    SF, Oakland Push For Climate Suit Revival At 9th Circ.

    Oakland and San Francisco told the Ninth Circuit that their California state law-based nuisance claims against Chevron Corp., BP PLC and other oil giants over climate-change-related damage to local infrastructure should never have been removed to federal court and dismissed.

  • July 2, 2019

    Statoil, Texaco Units Want Brakes Kept On $1B Award Action

    A Statoil unit and a Texaco subsidiary have asked a New York federal court to keep on ice their litigation seeking to enforce roughly $1 billion in arbitral awards against Nigeria’s state-owned oil company, pointing to related litigation in the West African country.

  • July 2, 2019

    Texas Justices Asked To Upend Well-By-Well Time-Bar Ruling

    An injection well operator has asked the Texas Supreme Court to undo a lower appellate ruling that conducted a "well-by-well" analysis of claims from another oil and gas company over compromised drilling operations.

  • July 2, 2019

    Elk Petroleum Fights Bid For Ch. 11 Trustee Takeover

    Bankrupt oil and gas driller Elk Petroleum Inc. countered an attempt by a secured creditor to have a Chapter 11 trustee take over its bankruptcy case late Monday in Delaware, saying allegations of mismanagement by Elk’s leadership in the run-up to its insolvency were based on conjecture.

  • July 2, 2019

    US Targets $4B Of EU Goods With New Duties In Aircraft Fight

    The Trump administration has proposed setting duties on an additional $4 billion worth of imports from the European Union as retaliation for the government’s illegal subsidies to Airbus, adding to the nearly $21 billion in potential tariff targets it has already put on the table.

  • July 2, 2019

    Pipeline Co. Drops $14.6M Suit Against Andeavor Subsidiary

    A pipeline construction company is dropping its effort to get a Minnesota federal court to confirm a $14.6 million arbitration award in a breach-of-contract dispute with an Andeavor Logistics LP subsidiary over its work on the Hidden Bench Pipeline Project in North Dakota.

  • July 1, 2019

    Investors Seek Class Cert. In SCANA Nuke Plant Suit

    Investors in SCANA Corp. asked for class certification on Friday in their suit accusing the company and its executives of misleading the public about long delays and massive cost overruns in a $9 billion nuclear reactor project.

  • July 1, 2019

    Ruling Could Head Off Immunity Challenges, DC Circ. Hears

    A London-based asset manager trying to enforce a €128 million ($144.6 million) arbitral award against Spain pressed the D.C. Circuit to reclassify its opinion rejecting Ukraine's sovereign immunity defense in an enforcement action, saying it will stave off attempts to relitigate the issue in similar cases.

  • July 1, 2019

    Weatherford Files Ch. 11 Prepack Clearing $5.8B In Debt

    Oil field services company Weatherford International filed its Chapter 11 petition Monday as part of a prepackaged restructuring that will slash more than $5.8 billion in debt and hand ownership of the company to its unsecured noteholders.

  • July 1, 2019

    FWS Will Redo Dusky Gopher Frog Critical Habitat Review

    The U.S. Fish and Wildlife Service will take another crack at determining whether land owned by timber company Weyerhaeuser Co. should be classified as critical habitat for the endangered dusky gopher frog and end long-running litigation over its previous decision that eventually reached the U.S. Supreme Court.

  • July 1, 2019

    Enviros Launch New Suit To Block Keystone XL Pipeline

    Environmental groups on Monday launched a fresh bid to block construction of the Keystone XL pipeline, this time targeting the Army Corps of Engineers' issuance of a nationwide Clean Water Act permit for the controversial project.

  • July 1, 2019

    Superior Energy Lands $4.5M Win In Arbitral Award Dispute

    A New York federal judge has hit a Panamanian petroleum services company with a $4.5 million judgment in litigation over an arbitral award won by Superior Energy in a dispute stemming from a soured purchase agreement.

  • July 1, 2019

    Adviser Can’t Nix Laundering Claim In Ecuador Bribery Case

    A financial adviser must face a money laundering charge in the U.S. government’s case accusing him of funneling $3.2 million in bribes to Ecuadorian oil officials in exchange for state contracts, a Florida federal court recommended Friday.

  • July 1, 2019

    Pipeline Co. Says It's Owed $4M For Frack Water Deal Breach

    A water pipeline company has alleged in a Texas state court suit that a former business partner owes it at least $4 million for breaching an agreement under which it was to be the sole provider of water for the company's fracking operations in North Dakota.

  • July 1, 2019

    Blackjewel Coal Hits Ch. 11 As $28M Loan Comes Due

    Blackjewel LLC has become the latest coal mining company to declare Chapter 11, telling a West Virginia bankruptcy court Monday that it is facing a severe liquidity crisis after failing to persuade a senior lender to extend a $28 million term loan.

  • July 1, 2019

    Paper Co. Not Due $47M In Treasury Grants, Fed. Circ. Affirms

    Paper giant WestRock Co. isn't entitled to $47 million under a Treasury cash grants program, as it can claim the grants only for steam from a Virginia paper mill that is actually used to generate electricity, the Federal Circuit ruled.

  • July 1, 2019

    FERC Outlines Enviro Harms From $45B Alaska LNG Project

    Federal Energy Regulatory Commission staff said a proposed Alaska liquefied natural gas project that could carry a minimum price tag of $45 billion would have significant long-term and permanent effects on the state's environment and wildlife, though many of those environmental impacts could be mitigated.

  • July 1, 2019

    Climatologist Asks High Court Not To Block Defamation Suit

    High-profile climate scientist Michael E. Mann has asked the U.S. Supreme Court to ignore requests by two conservative publications that want the high court to consider halting Mann’s defamation suit launched after their writers called Mann “the Jerry Sandusky of climate science.”

  • June 28, 2019

    Ex-Platinum CFO Cites Scant Evidence In Acquittal Bid

    An attorney for former Platinum Partners Chief Financial Officer Joseph SanFilippo on Friday told a New York federal jury that prosecutors failed to call a single witness or produce any documents that show he was part of a scheme to defraud investors in the hedge fund management company.

  • June 28, 2019

    High Court Census Ruling Could Escalate Rule Challenges

    When a slim U.S. Supreme Court majority blocked the Trump administration from adding a citizenship question to the census because the government hadn't been forthcoming, the justices gave litigants an irresistible precedent to cite in future policy fights with federal agencies, experts said.

Expert Analysis

  • Justices May Be Ready To Narrowly Overturn 'Auer'

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    Despite the unusual posture of Wednesday's U.S. Supreme Court arguments in Kisor v. Wilkie — with neither party specifically defending the pro-agency judicial doctrine known as Auer deference — the justices look again likely to decide an important case on 5-4 ideological lines, say Chad Landmon and Brendan O’Callaghan of Axinn Veltrop & Harkrider LLP.

  • New Guidelines Boost Sustainability-Linked Lending

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    Last week, three global syndicated lending industry associations established a voluntary framework for loans with terms tied to sustainability performance targets — further developing this fast-growing loan product that was introduced in the United States last year, say Aaron Adams and Yair Galil of Gibson Dunn & Crutcher LLP.

  • Calculating Oil And Gas Royalties After Burlington Resources

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    The Texas Supreme Court’s recent decision in Burlington Resources v. Texas Crude makes it clear that while an oil or gas royalty dispute should start with the language of the lease at issue, parties must also see if related agreements affect whether post-production costs can be taken, says Christopher Hogan of Reynolds Frizzell LLP.

  • Takeaways From Justices' Divergent Tribal Tax Treaty Opinion

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    In Washington State v. Cougar Den, the U.S. Supreme Court delivered a highly fractured ruling on whether a state tax infringes on a tribal treaty right, which included a surprising concurrence by Justice Neil Gorsuch joined by Justice Ruth Bader Ginsburg, say Catherine Munson and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Proving Coverage For Natural Resource Damage Claims In NJ

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    In the last year, claims for natural resource damage in New Jersey have increased. General liability insurance policies may cover these claims, if policyholders can show that both the damage and their insurance policies existed before 1986, say Robert Chesler and Nicholas Insua of Anderson Kill PC.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • Climate Change And Insurance: Lliuya V. RWE Makes History

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    Though Lliuya v. RWE — the first European lawsuit in which a person affected by climate change has sued a private company — is currently pending in a German appeals court, the fact that it has been allowed to proceed presents a very real risk to businesses and their insurers, say attorneys at Zelle LLP.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • How China's Version Of CFIUS Will Expand Security Reviews

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    China's foreign investment security review regime shares many characteristics with the Committee on Foreign Investment in the United States. And as tensions rise between the two countries, China, like the U.S., is set to scrutinize more deals, says Guogang Li of the Tahota Law Firm.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

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