• July 25, 2017

    DOI Mining Decision Can Be Challenged, 10th Circ. Says

    The Tenth Circuit on Tuesday reversed a lower court's dismissal of a coal miner's challenge of an enforcement decision by a U.S. Department of the Interior administrative law judge, saying such decisions are final and subject to judicial review once the agency's appeals board denies to stay them.

  • July 25, 2017

    Iron Workers To Spearhead Anadarko Securities Fraud Class

    A Texas federal judge Monday named the Iron Workers Benefit and Pension Fund as lead plaintiff for a putative class of investors who say Anadarko Petroleum Corp. violated federal securities laws by failing to disclose risks associated with its gas wells before a deadly explosion.

  • July 25, 2017

    Gov. Brown Signs Extension Of Calif. Cap-And-Trade To 2030

    California Gov. Jerry Brown on Tuesday signed into law a 10-year extension of California's landmark cap-and-trade program, the centerpiece of the state's push to decrease greenhouse gas emissions by 40 percent from 1990 levels.

  • July 25, 2017

    LA County Wants Immediate Pause On Aliso Canyon Injections

    The County of Los Angeles asked a California court on Monday to immediately halt a state agency’s authorization letting SoCalGas restart injections at the Aliso Canyon gas storage facility, arguing that in the wake of a massive gas leak in 2015, more work on earthquake resiliency is needed.

  • July 25, 2017

    Utilities Hid Climate Change Knowledge, Green Group Says

    The electric power industry knew of the climate change risks of burning fossil fuels as early as 1968, but concealed its knowledge and actively worked to block solutions, an environmental group said Tuesday.

  • July 25, 2017

    Rising Star: Kirkland & Ellis' Rhett Van Syoc

    Kirkland & Ellis LLP's Rhett Van Syoc led teams that worked on nearly a dozen energy deals signed within the last year, including several big-ticket deals involving his primary client, private equity giant The Blackstone Group, earning him a spot as one of five energy attorneys under age 40 honored by Law360 as Rising Stars.

  • July 24, 2017

    Asbestos In Power Plant Valves Gave Man Cancer, Jury Told

    Counsel for a man with mesothelioma told a South Carolina jury during opening statements on Monday that the man got his terminal illness from the thousands of asbestos-containing valves in the power plants where he worked, saying the valve-makers must be held responsible.

  • July 24, 2017

    2nd Circ.’s High Bar Remains For Enforcing Annulled Awards

    A recent decision by the Second Circuit affirming a district court's decision to overturn its previous order enforcing a $57 million arbitral award, which had since been annulled in Malaysia, underscores just how unusual the circumstances must be for a U.S. court to enforce a canceled award.

  • July 24, 2017

    Total Asks 5th Circ. To Revisit Suit Over FERC’s Fining Power

    Total Gas & Power North America Inc. urged the Fifth Circuit on Monday to rethink its decision rejecting the company's challenge to the Federal Energy Regulatory Commission’s power to use the Natural Gas Act to hand out fines, insisting only a federal court can decide on penalties for violations of the NGA.

  • July 24, 2017

    La Paloma Keeps Ch. 11 Control In Deal With Top Creditor

    After months of producing mostly sparks, California-based power producer La Paloma Generating Co. LLC settled a control dispute Monday with its senior creditor, securing court approval for an Oct. 12  hearing on confirmation of its $524 million Chapter 11.

  • July 24, 2017

    TerraForm Brass Reach $20M Settlement Of Solar Deal Suit

    Directors of TerraForm Global Inc., one of the yieldcos affiliated with bankrupt SunEdison Inc., unveiled Friday the deal settling, for $20 million, Delaware Chancery Court derivative claims connected to an Indian solar project deal, but the resolution requires a ruling from the New York bankruptcy court allowing insurance funding.

  • July 24, 2017

    Senate Approves BigLaw Partner As Trump Interior Deputy

    The Senate has approved a Brownstein Hyatt Farber Schreck LLP partner as President Donald Trump’s pick to be Interior Secretary Ryan Zinke’s top deputy Monday, putting one of the administration’s first new picks into the agency.

  • July 24, 2017

    Ga. City Says Utility Policies Don’t Target Minorities

    A Georgia city asked a federal judge Friday to dismiss a lawsuit claiming its utility policies illegally discriminate against African-Americans and immigrants, saying the policies have legitimate, nondiscriminatory purposes and the federal anti-bias law cited by the plaintiffs does not apply in these circumstances.

  • July 24, 2017

    Flood Board Asks High Court To Revive Coastal Damage Suit

    A Louisiana flood protection board has asked the U.S. Supreme Court to revive the agency's multibillion-dollar suit alleging that the oil and gas drilling activities of 80 energy companies, including BP PLC, Exxon Mobil Corp. and Chevron Corp., have damaged the state’s coastal ecosystems.

  • July 24, 2017

    Petrobras Seeks To Expand 2nd Circ. Win In Investor Suit

    Brazilian oil giant Petrobras and several banks that underwrote its debt securities asked the Second Circuit on Friday to rehear a decision that decertified two investor class actions but affirmed part of a certification order, saying the circuit conflicted with U.S. Supreme Court precedent.

  • July 24, 2017

    Chevron Pays $1M Fine, $20M In Upgrades Over Refinery Fire

    Chevron Corp. agreed to pay a $1 million fine and to make about $20 million worth of safety improvements at a Richmond, California, refinery, settling a long-running dispute with Golden State safety regulators over penalties levied following a 2012 fire, regulators said Monday.

  • July 24, 2017

    No Redo For NM Utility In Navajo Right-Of-Way Suit: 10th Circ.

    The Tenth Circuit on Friday rejected a request by a New Mexico utility to rethink its ruling that the company cannot secure a path for a transmission line through property partly owned by the Navajo Nation, despite the utility’s contention that the ruling will make it harder for state and local governments to carry out infrastructure projects.

  • July 24, 2017

    Alaska Seeks High Court Review Of 'Threatened' Seal Listing

    The state of Alaska, along with local and Native communities and business groups, on Friday urged the U.S. Supreme Court to overturn the Ninth Circuit's ruling that climate change projections could be used to list an Arctic seal population as a threatened species under the Endangered Species Act.

  • July 24, 2017

    Sierra Club Says Georgia Power Coal Ash Plans Violate CWA

    The Sierra Club sent Georgia Power Co. a notice of intent to sue Monday, arguing that the company's plans for dealing with coal ash at several of its power plants violate the Clean Water Act because it did not obtain the proper National Pollutant Discharge Elimination System permits.

  • July 24, 2017

    W.Va. Halts Work On $4B ETP Pipeline Amid Enviro Violations

    West Virginia environmental regulators have given Energy Transfer Partners LP's Rover pipeline project another regulatory black eye, blocking work on portions of the $4.2 billion project because of several environmental and permitting violations, according to a Federal Energy Regulatory Commission notice published Monday.

Expert Analysis

  • Financial Covenants In Project Financing: Key Points


    Project finance lenders typically require that borrowers agree to financial covenants in loan agreements, prescribing the parameters within which the business venture may operate. These covenants and related provisions are often highly negotiated, and reflect the ultimate confidence of the parties in the financial success of the project, say Emeka Chinwuba and Laura Pettinelli of Norton Rose Fulbright LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, It's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • When States Fail To Act On Federal Pipeline Permits

    John Longstreth

    State governments have authority to review and approve federal Clean Water Act and Clean Air Act permit applications filed by pipeline developers, enabling state agencies to delay or effectively halt otherwise federally approved projects. Two recent decisions by the D.C. Circuit offer critical insights for developers considering strategies for dealing with state agency delays, say attorneys with K&L Gates LLP.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • OFAC Continues To Pursue Oil And Gas Companies

    Michael Casey

    The ExxonMobil penalty is the latest in a string of recent, increasingly aggressive U.S. Treasury Department Office of Foreign Assets Control enforcement actions targeting nonfinancial institutions and particularly entities operating in the oil and gas industry, say attorneys with Ropes & Gray LLP.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.