Energy

  • September 29, 2021

    DynaResource Says Contempt Order Results In 'Injustice'

    DynaResource asked a Colorado federal judge to reconsider his contempt order sanctioning the company for ignoring part of an arbitral award handed to Goldgroup Mining Co. related to board appointments, arguing the order creates a "manifest injustice" for shareholder rights.

  • September 29, 2021

    Chemical Storage Co. Blames Bearings Maker For Texas Fire

    Petrochemical storage company Intercontinental Terminals Co. says in a new lawsuit a Japanese bearings company provided it with a faulty tank component that caused a devastating fire and explosion in 2019.

  • September 29, 2021

    EPA Says Decision Paving Way For Pebble Mine Must Go

    The federal government has pressed an Alaska federal judge to ditch a Trump-era U.S. Environmental Protection Agency decision to withdraw its objections to a proposed gold and copper mine in Alaska, saying the action should be vacated because the agency made a "serious and fundamental" mistake reaching it.

  • September 29, 2021

    'Customer' Meaning Key In $7M Texas Gas Explosion Appeal

    Texas Supreme Court justices on Wednesday drilled down into the definition of "customer" in a CenterPoint Energy Resources Corp. tariff as the utility tries to wipe out an almost $7 million jury verdict for a man injured in a residential gas explosion.

  • September 29, 2021

    SEC Proposes That Funds Beef Up Proxy Voting Disclosures

    The U.S. Securities and Exchange Commission on Wednesday proposed increasing proxy disclosures so that investors will know how fund managers vote on executive pay referendums, along with other revisions advocates say will shine light on funds' voting patterns.

  • September 29, 2021

    Ranch Gets Discovery In Permian Pipeline Condemnation Row

    A Texas appellate court held Tuesday that a ranch was wrongly denied discovery in its lawsuit claiming land is being improperly taken for Kinder Morgan's Permian Highway Pipeline, which it says doesn't qualify as "public use."

  • September 29, 2021

    Mesabi Fee Fight Belongs In Bankruptcy Court, 3rd Circ. Told

    A Minnesota mining company implored the Third Circuit on Wednesday to find that a Delaware bankruptcy court has jurisdiction over its fight against a financial adviser's fee bid, arguing Wednesday that the matter arose directly from its predecessor's Chapter 11 case.

  • September 29, 2021

    Australian Steel Exporter Sues US For Upping Tariff

    An Australian steel exporter sued the U.S. Department of Commerce after it was slapped with higher anti-dumping tariffs, alleging that the department refused to account for certain rebates while calculating dumping margins.

  • September 29, 2021

    UK Antitrust Arm Wants Input On Sustainability Advice

    The United Kingdom's antitrust watchdog said Wednesday that it is seeking input on how to use its competition and consumer enforcement authorities to contribute to the country's sustainability goals.

  • September 29, 2021

    FERC Divide Cinches Rollback Of Clean Energy Subsidy Order

    The Federal Energy Regulatory Commission couldn't decide how to respond to a proposal from the nation's largest grid operator to eliminate a requirement that state-backed renewable energy sources meet a price floor in electricity capacity auctions, letting that plan take effect Wednesday in 13 states.  

  • September 29, 2021

    Silver Mining Co. Hits JPMorgan With Spoofing RICO Suit

    A Mexican mining company has filed a racketeering suit against JPMorgan Chase claiming the investment bank manipulated silver prices using a tactic known as spoofing, which caused the closure of the company's silver mine.

  • September 29, 2021

    DLA Piper Asks Del. Justices To Rethink Key Appraisal Ruling

    DLA Piper is urging the Delaware Supreme Court to reconsider its ruling earlier this month that shareholders' statutory appraisal rights can be contractually waived, asserting the court made a policy determination contrary to longstanding policy set by the state legislature.

  • September 29, 2021

    Feds Reinstate Criminal Prosecution For Migratory Bird Kills

    The U.S. Fish and Wildlife Service said Wednesday it is formally revoking a Trump administration rule that curtailed the federal government's power to prosecute companies that kill federally protected migratory birds, and it is considering a new permitting program to provide certainty for industry.

  • September 29, 2021

    SFO Denies Using ENRC's Privileged Info During Graft Probe

    The Serious Fraud Office on Wednesday denied using Eurasian Natural Resources Corp.'s legally privileged information during its criminal corruption investigation into the Kazakh miner, dismissing the allegations at a London trial as "just suspicion and speculation."

  • September 29, 2021

    Nigerians Lose Bid To Sue Shell Over Oil Spill As A Group

    An appellate court ruled Wednesday that an English lawsuit against Shell over an oil spill could not proceed on behalf of 27,000 Nigerians, saying that this case "was not and could never have been a representative action."

  • September 28, 2021

    Puerto Rican Utility Can't Shed $3.9B Vitol Fuel Contracts

    A federal judge refused to allow a Puerto Rican utility to drop six fuel-oil supply contracts with Vitol Inc. and recover $3.89 billion it had paid under the contracts, finding that Vitol wasn't convicted of a crime that would invalidate the contracts. 

  • September 28, 2021

    Haiti Can't Halt Engineering Co.'s Fuel Contract Arbitration

    A New York Supreme Court justice has ruled that the Haitian government and civil engineering firm Preble-Rish Haiti SA both agreed "beyond dispute" to arbitrate issues related to a fuel supply contract, denying the government's attempt to escape arbitral proceedings.

  • September 28, 2021

    EPA's Auto Emissions Plan Draws Praise, Push To Go Further

    The U.S. Environmental Protection Agency's plan to strengthen greenhouse gas standards for auto emissions drew general praise from industry groups of different stripes but also suggestions for tweaks and improvements, and while green groups also said they support the goal, they urged the EPA to go even further.

  • September 28, 2021

    Solar Co. Sues Insurer For Coverage Of Gas Explosion Suits

    A California solar company is suing Axis Surplus Insurance Co. for coverage of lawsuits related to a gas leak that ignited, destroying a home where its contractor was working and killing a gas company worker.

  • September 28, 2021

    Republican FERC Members Blast Clean Power Legislation

    A congressional proposal to pay utilities for decarbonizing their systems and penalize them if they don't do so would be like "dropping an H-bomb" on regional wholesale electricity markets, a Republican Federal Energy Regulatory Commission member told a Senate panel Tuesday.

  • September 28, 2021

    Dana Gas Wins $608M Award Against Iran's Oil Co.

    United Arab Emirates energy firm Dana Gas announced on Tuesday that it has won a 2.23 billion UAE dirham ($607.5 million) award from state-owned National Iranian Oil Co. over a gas supply dispute.

  • September 28, 2021

    Counties' VW Tampering Claims Not Barred, Feds Tell Justices

    The federal government told the U.S. Supreme Court that the Clean Air Act does not bar two counties from pursuing claims that Volkswagen owes them additional penalties for flouting local anti-tampering laws in connection with its 2015 "clean diesel" emissions-cheating scandal.

  • September 28, 2021

    Venezuelan Mining Co. Says $188M Award Can't Be OK'd

    A Venezuelan state-owned mining company is fighting back against efforts by a commodities firm to enforce a $188 million arbitral award against it, claiming Monday that an arbitral tribunal wrongly stood in the way when it tried to prove that an underlying contract was procured through bribes.

  • September 28, 2021

    Biden Deals Final Blow To Trump-Era Royalty Valuation Rule

    Royalties for oil and gas produced on federal lands will be calculated the way they were before the Trump administration's eleventh-hour changes to valuation regulations, the U.S. Department of the Interior announced Tuesday. 

  • September 28, 2021

    Blue AGs Tell 9th Circ. Climate Deceit Suits Are States' Turf

    Democratic attorneys general from 13 states and the District of Columbia have urged the Ninth Circuit to uphold a ruling that Maui's and Honolulu's suits seeking climate change-related infrastructure damages from Chevron, ExxonMobil Corp. and other energy producers belong in state court.

Expert Analysis

  • Natural Gas Contract Provisions That Add Certainty, Flexibility

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    With increased demand for natural gas as a bridge fuel to cleaner energy, buyers and sellers must keep in mind two key natural gas contract provisions — take-or-pay and price redetermination — and review current trends granting greater flexibility while preserving security, say James Rogers and Jay Zhang at Akerman.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • Preparing For Contract Disputes Over Environmental Credits

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    As disputes over transactions involving renewable fuel standards, carbon offsets and other environmental credits become increasingly common, companies should know how to protect themselves in case a credit contract goes sour, say attorneys at Eversheds Sutherland.

  • What Biden's Tax Proposals May Mean For Int'l Private Clients

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    Jennifer Wioncek and Paul D’Alessandro at Bilzin Sumberg discuss the U.S. Department of the Treasury's recently released explanation of the Biden administration's tax proposals and how the changes would affect income and wealth transfer planning for international private clients.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • IRS Extension Is Partial Relief For Renewable Energy Projects

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    The Internal Revenue Service’s recent extension of the start-of-construction safe harbor for renewable-energy projects is welcome relief for solar companies unable to benefit from previous extensions, but it is still unclear whether a project that exceeds the deemed continuity period qualifies for a tax credit if it cannot prove continuous work, says David Burton at Norton Rose.

  • Why And How To Link ESG Metrics With Exec Compensation

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    By using various methods to connect executive remuneration with environmental, social and governance metrics, companies can effectively advance their long-term goals and keep up with the increasing public demand for ESG initiatives, say O'Kelly E. McWilliams III and Jennifer Budoff at Mintz.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

  • Gov'ts Must Balance Green Energy, Investment Treaty Duties

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    As national governments' actions to promote renewable energy come into conflict with foreign investors' expectations regarding existing fossil fuel investments, it is clear that these tensions are likely to accelerate faster than investment treaties can be reformed to address the problem, say Kenny Grant at Berkeley Research and Jamie Donovan at Monument Economics.

  • What Colorado Ozone Probes Mean For Oil And Gas Cos.

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    A pair of investigations into ozone and air quality policies in Colorado, sparked by state government employee whistleblowers, may have far-reaching implications — including a possible slowdown in permitting for oil and gas facilities, says John Watson at Spencer Fane.

  • Obstacles Abound For Biden's Climate Change Pledge

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    When approaching climate change, the Biden administration faces substantial legal, fiscal and political hurdles, despite the optimistic goals announced in executive orders and the new nationally determined contribution under the Paris Agreement, says Bruce Stanfill at Akerman.

  • Giuliani Suspension Highlights Ethical Pitfalls For All Lawyers

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    Rudy Giuliani’s false public statements regarding the 2020 elections that resulted in his recent suspension from practicing law in New York may seem uncommonly flagrant, but the sanction underscores four ethics risks all attorneys should bear in mind, says Hilary Gerzhoy at Harris Wiltshire.

  • Cos. Need ESG Strategies That Address Climate Change

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    As consumers, investors and the federal government become increasingly vocal about climate change, companies must incorporate climate concerns into their environmental, social and governance policies to reduce risk, ensure compliance, protect their brands and enhance resiliency, says Todd Roessler at Kilpatrick.

  • Cos. Must Consider Electric Vehicles' Unique Risk Profile

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    As more electric vehicles take to the road around the world, companies in the EV space must understand how the accompanying reputational risks, liability concerns and insurance needs differ from those that come with gas-powered cars and trucks, say Jason McCarter and Elizabeth Marquardt at Miller & Martin.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

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