Energy

  • September 08, 2020

    States, Industry Urge Court To Finally Sink Methane Rule

    Several states and industry groups urged a Wyoming federal judge to finally lay to rest a four-year legal battle by vacating an Obama-era rule restricting methane emissions from natural gas wells on public and tribal lands, pointing to the government's own admission that the rule is unlawful.

  • September 08, 2020

    Italy Sees Off Renewable Energy Claim Over Nixed Incentives

    Italy has prevailed in a $232 million arbitration initiated by a defunct renewable energy investor following Rome's decision to scale back economic incentives meant to encourage investments in that sector, after an international tribunal rejected allegations the country had acted improperly.

  • September 08, 2020

    Gray Reed Adds M&A Partner From Paul Hastings In Houston

    Gray Reed & McGraw LLP has hired a Paul Hastings LLP partner with more than 30 years of deal-making experience to the firm's mergers and acquisitions practice group in Houston.

  • September 08, 2020

    Oil Driller Rosehill Emerges From Ch. 11 After Debt Swap

    Rosehill Resources Inc. announced Tuesday that it had emerged from Chapter 11 after successfully completing a restructuring of its debt to slash $106 million from its capital structure in Texas bankruptcy court.

  • September 08, 2020

    Oil And Gas Groups Seek To Defend New EPA Water Rule

    Two energy industry groups want in on a court fight over a federal rule that limits states' and tribes' authority to block projects over Clean Water Act concerns, hailing the rule as a barrier against "procedural gimmicks" used to thwart the interests of their members.

  • September 04, 2020

    Ex-ComEd VP Charged With Bribery After Co. Fined $200M

    A former Commonwealth Edison Co. executive was charged in Illinois federal court Friday with conspiracy to commit bribery and accused of paying off a state public official for legislative sway after the company admitted to a yearslong bribery scheme and agreed to pay a $200 million fine.

  • September 04, 2020

    Donziger Trial Delayed After 3rd Atty Protests 'Travesty'

    U.S. District Judge Loretta Preska granted a delay Friday in the criminal contempt trial of Chevron foe Steven Donziger after last-minute changes in his legal team prompted one of the remaining members to protest that holding trial Sept. 9 would be a "travesty of justice."

  • September 04, 2020

    NJ Investors Object To Exxon's Dismissal Bid In Texas Suit

    A pair of institutional investors in Exxon Mobil Corp. on Friday told a Texas federal judge that dismissal in his court of a consolidated derivative shareholder suit alleging the oil and gas giant misrepresented climate change-related business projections would hurt their similar case in New Jersey.

  • September 04, 2020

    Mass. Top Court Backs Contracts Supporting $1B Power Line

    Massachusetts' top court has upheld power purchase agreements that the state's utilities brokered with developers of a $1 billion cross-border power line to purchase hydroelectricity from Canadian utility Hydro-Quebec, saying the contracts are valid under the state's clean energy procurement laws.

  • September 04, 2020

    Tonopah Can Move Toward October Ch. 11 Confirmation

    Bankrupt solar project builder Tonopah Solar Energy LLC received court approval Friday in Delaware for its Chapter 11 disclosure statement as it proceeds toward an Oct. 27 plan confirmation hearing.

  • September 04, 2020

    Taxation With Representation: Debevoise, Wilson, Mayer

    In this week's Taxation With Representation, Clayton Dubilier & Rice buys software company Epicor for $4.7 billion, electric vehicle battery maker QuantumScape goes public in a $3.3 billion deal, and Nestle buys biopharmaceutical company Aimmune.

  • September 04, 2020

    Lockheed, Others Accused Of Covering Up Nuclear Exposure

    Former owners of a nonoperational uranium enrichment facility in Ohio, including Lockheed Martin Corp. and Goodyear Tire & Rubber Co., have been accused of concealing the level of contamination that nearby communities and past employees were exposed to.

  • September 04, 2020

    Phillips 66 Says Marine Fuel Refining Patent Is Invalid

    Phillips 66 told a federal judge in Texas that he should not only find the company hasn't infringed four patents for technology that refines oil for marine fuel but should declare those patents invalid as well.

  • September 04, 2020

    Judge Conditionally Certifies Pipeline Co. Workers In OT Suit

    An Illinois federal judge on Thursday conditionally certified a class of inspectors who say an engineering firm for pipeline companies failed to pay them overtime as required by federal and state wage laws.

  • September 04, 2020

    Oil & Gas Driver Claims Trucking Co. Fired Him For Being Gay

    A driver for a Pennsylvania-based transportation company said he was fired over a nonexistent offense because he had disclosed he was gay by listing his boyfriend as his emergency contact, according to a lawsuit the driver filed Friday in a Pennsylvania federal court.

  • September 04, 2020

    FERC Says Gas Exports Enough To Justify $2.1B Pipeline

    The Federal Energy Regulatory Commission has provided a court-ordered explanation of how exported gas from a $2.1 billion pipeline proves the project was necessary and worth giving the developer eminent domain authority.

  • September 04, 2020

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a fashion boss reignite its fight with Lloyds Bank, England's top soccer league take action against a Chinese broadcaster and a Saudi prince sued in connection with an airline leasing company. Here, Law360 looks at those and other new claims in the U.K.

  • September 03, 2020

    2nd Atty Ordered To Keep Representing Donziger

    A New York federal judge on Thursday ordered a second attorney for Chevron foe Steven Donziger to continue representing him for his upcoming trial, saying an email from the attorney, Martin Garbus, seeking to bail from acting as Donziger's counsel does not relieve him of his duties.

  • September 03, 2020

    GAO Says CARES Act Contractor Leave Pay Is Limited So Far

    The U.S. Government Accountability Office said Thursday that federal agencies have reported only $22 million in reimbursements to federal contractors under a program for employees unable to work due to COVID-19, mostly from the U.S. Department of Defense.

  • September 03, 2020

    Banks Seek To Cut All But 1 Buyer In Aluminum Antitrust MDL

    Goldman Sachs, JPMorgan Chase and several companies accused by aluminum buyers of conspiring to hike the metal's price say all but one of the buyers made their purchases from "non-conspiring third parties."

  • September 03, 2020

    NM Judge Rebuffs Pueblo's Claims To National Park Land

    A New Mexico federal judge has denied the Pueblo of Jemez's bid to claim several land areas within the Valles Caldera National Preserve, saying the tribe couldn't press most of those claims after it was denied title to the full area last year.

  • September 03, 2020

    Fed. Circ. Leaves Chinese Solar Cell Duties Untouched

    The Federal Circuit on Thursday left intact a 3.42% anti-dumping duty on Chinese solar cell imports, affirming a U.S. Court of International Trade determination that the tariff needed to account for parallel countervailing duties on the products.

  • September 03, 2020

    EQT Says Decade-Old Settlement Bars $40M Gas Royalty Fight

    EQT Corp. has urged a federal judge to block oil and gas royalty owners from pursuing over $40 million in damages from the driller in state court, arguing a decade-old settlement bars them from pursuing claims EQT trespassed on their mineral estate.

  • September 03, 2020

    Tribal Land Heirs Sue DOI In Lease Fight With Dad's Widow

    Five children of a deceased member of the Three Affiliated Tribes of North Dakota say the U.S. Department of the Interior violated federal law and its trust responsibility when it upheld invalid leases for oil extraction and farming held by their late father's second wife.

  • September 03, 2020

    DOJ Environment Chief To Take Helm At Civil Division

    The top environmental lawyer at the U.S. Department of Justice will soon be doing double duty, taking over for the departing head of the Civil Division while maintaining his role atop the Environment and Natural Resources Division.

Expert Analysis

  • Expanded UK Merger Control Regime Could Hit US Investors

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    The U.K. Competition and Markets Authority’s recent proposal to lower the thresholds for reporting foreign acquisitions and changes in control could mean U.S. investors in certain technology and materials sectors may face more frequent scrutiny of their transactions on national security and public interest grounds, says Veronica Roberts at Herbert Smith.

  • Inclusivity Considerations For Law Firms Reopening Offices

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    While most law firms will focus on ensuring physical office spaces are as safe as possible for attorneys and staff members, it's equally important to consider the impact office reopening decisions will have on a firm's culture of diversity and inclusion, says Manar Morales at the Diversity & Flexibility Alliance.

  • What DC Circ. Tolling Order Ruling Means For FERC Cases

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    Given the D.C. Circuit's recent ruling in Allegheny Defense Project v. Federal Energy Regulatory Commission that FERC cannot use tolling orders to indefinitely delay rehearing of Natural Gas Act cases, the commission must consider new procedures to manage NGA rehearing requests — and probably Federal Power Act rehearing requests too, say Michael Yuffee and Ryan Norfolk at Winston & Strawn.

  • Final IRS Rules On REIT Dividends Create Statutory Conflict

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    The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

  • COVID-19 Offers Force Majeure Lessons For Climate Planning

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    The COVID-19 pandemic and ensuing commercial litigation has resurfaced a discussion around the growing need for tailored force majeure and other contractual provisions specifically addressing climate change risks, which may be chronic, long-term or arguably foreseeable, say attorneys at Kirkland.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Opinion

    Criminal Contempt Charges In Donziger Case Are Excessive

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    We are deeply troubled by many aspects of a New York federal judge's criminal contempt case against human rights attorney Steven Donziger, including extraordinary and unfair pretrial home confinement, say retired U.S. District Judges Nancy Gertner and Mark Bennett.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Corporate Enviro Planning In The Black Lives Matter Era

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    The Black Lives Matter movement is drawing more attention to the disproportionate impacts of environmental incidents and industrial facility siting on minority populations, so companies seeking to mitigate reputational and legal risks should proactively engage communities of color in a transparent, empathetic way, say Simone Jones and Nicole Noelliste at Sidley.

  • Mining Project Highlights Cultural Heritage Risk For Cos.

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    Global condemnation of iron ore miner Rio Tinto's recent destruction of sacred indigenous sites in Australia demonstrates that failure to address cultural heritage risk can destroy corporate reputations, stock prices and the social license companies use to advance development projects, say Marion Werkheiser and Katherine Sorrell at Cultural Heritage Partners.

  • What FERC Grid Cybersecurity Review Means For Power Cos.

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    The Federal Energy Regulatory Commission's recently launched inquiry on cybersecurity enhancements to infrastructure reliability standards could lead to greater costs and compliance obligations for distributed generation assets, but also increased protection for the overall bulk power grid, say attorneys at Michael Best.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

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