Energy

  • April 26, 2018

    Erin Energy Hits Ch. 11 Amid Africa Oil Production Issues

    Erin Energy Corp., an oil and gas exploration outfit focused on energy resources in sub-Saharan Africa, filed for Chapter 11 bankruptcy in Texas on Wednesday, just a month after reporting it was at risk of defaulting on its funded liabilities, saying it plans to pursue a path to reorganization.

  • April 26, 2018

    French Court Spurns Creative Reading Of Investment Treaties

    A decision by France's highest court reinstating a $50 million arbitral award is a reminder for French courts to stick to a strict interpretation of investment treaties, experts say.

  • April 26, 2018

    EPA's Pruitt Faces Tough Ethics Questions On Capitol Hill

    House Republicans largely gave embattled U.S. Environmental Protection Agency Administrator Scott Pruitt the kid glove treatment during two hearings on Thursday, praising him for actions such as rescinding the Clean Power Plan and the Clean Water Rule, but he couldn't avoid scores of questions over a series of ethics scandals.

  • April 26, 2018

    Singapore Judge OKs $129M Award Despite Fraud Claims

    A Singapore judge on Thursday upheld a $129.4 million arbitration award issued to Jaguar Energy Guatemala LLC in a dispute over the construction of a coal-fired power plant in Guatemala, finding a Chinese company's allegations that corruption and dirty legal tactics tainted the award are unconnected to the actual claims.

  • April 26, 2018

    EQT Midstream Boosts Biz With Asset Buy, $2.4B Merger

    Pittsburgh-based EQT Midstream Partners LP said Thursday it will consolidate operations through deals that include the acquisition of two Ohio natural gas gathering systems for $1.69 billion and a merger with Rice Midstream Partners LP with a transaction value of $2.4 billion.

  • April 26, 2018

    Roth Dropped In Trimmed Renewable Energy Co. Investor Suit

    A New York magistrate judge Wednesday dropped investment firm Roth Capital Partners LLC from a Lichtenstein-based institutional investor’s suit against a Colorado renewable energy company, trimming claims that the company and Roth breached an investment agreement.

  • April 26, 2018

    KPMG Negligence Row Over $1B Fraud Pegged For Chancery

    A Delaware judge found Wednesday he lacked jurisdiction to hear negligent misrepresentation claims from bondholders, a bank and shipping companies alleging KPMG entities failed to realize an offshore oil services company was running a $1.1 billion invoicing fraud, saying the case belongs in state Chancery Court.

  • April 26, 2018

    GE, Tepco Seek Dismissal Of $1B Fukushima Radiation Suit

    Tokyo Electric Power Co. and General Electric Co. urged a California federal judge on Wednesday to nix a $1 billion lawsuit by sailors over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster, repeating arguments that the suit belongs in Japanese, not U.S., courts.

  • April 26, 2018

    Martin Marietta Must Divest Quarries To Clear $1.6B Merger

    Road materials supplier Martin Marietta Materials Inc. will have to sell off two quarries to clear its planned $1.6 billion purchase of private equity-backed Bluegrass Materials Co. LLC under an antitrust settlement the U.S. Department of Justice filed in D.C. federal court Wednesday.

  • April 26, 2018

    NC AG, Enviros Fight Duke Rate Hike For Coal Ash Cleanup

    North Carolina's attorney general and the Sierra Club launched challenges Wednesday to the state utilities regulator’s approval of a Duke Energy subsidiary’s rate increase, saying the company is improperly charging customers to recover millions of dollars it spent cleaning up and shutting down coal ash basins.

  • April 26, 2018

    Ex-Nuke Lab Officer Gets 3 Years For $2.3M Contract Fraud

    A former procurement officer at a New Mexico nuclear research and development facility must spend three years in prison for fraudulently winning a U.S. Department of Energy contract and laundering a portion of the $2.3 million she was paid, the U.S. Department of Justice announced Wednesday.

  • April 26, 2018

    PSEG Unit Pays $40M To End Probe Of Power Market Bidding

    The Federal Energy Regulatory Commission on Wednesday approved a settlement in which a trading unit of utility giant PSEG Inc. agreed to pay approximately $40 million in penalties, disgorgement and interest to resolve allegations it violated bidding rules in wholesale power markets run by regional grid operator PJM Interconnection LLC.

  • April 26, 2018

    Exxon Says NYC Filed Climate Suit In Wrong Venue

    ExxonMobil Corp. told a New York federal court that it should not have to face the Big Apple’s lawsuit accusing it and four other fossil fuel producers of worsening the impact of climate change and downplaying its risks because the case was filed in the wrong place.

  • April 25, 2018

    Holland & Hart's Filing In CAA Suit 'Frivolous,' Judge Says

    A California federal judge on Tuesday said he would reduce sanctions against Holland & Hart LLP in a Clean Air Act suit because of a Ninth Circuit determination he wrongly found the law firm’s briefs exceeded required page limits, but he still held that its request to make an additional filing in the case was "frivolous.”

  • April 25, 2018

    Starr Can't Pass Buck On $2.8M Barge Salvage, NY Court Says

    Starr Indemnity & Liability Co. can't put a pollution liability insurer on the hook for the $2.8 million it paid to cover shipper Genesis Marine LLC's costs to salvage two oil barges that ran aground in 2014, a New York federal judge ruled Wednesday, saying the pollution coverage doesn't apply because there was no "substantial threat" of an oil spill.

  • April 25, 2018

    Demolition Salvage Value Can Pay Liens, NJ Panel Rules

    In a first-of-its-kind decision, a New Jersey appellate court said Wednesday that the market value of material salvaged from a demolition project can be added to the pool of money available to unpaid subcontractors that have filed claims for their cash.

  • April 25, 2018

    GAO Slams DOE's Contractor Oversight At Nuke Waste Site

    The U.S. Government Accountability Office reported Tuesday that chronic problems at a nuclear waste processing facility under construction in Washington state continue to plague the site years after they were first uncovered and criticized the Department of Energy's handling of a contractor in charge of overseeing quality assurance programs there. 

  • April 25, 2018

    Defying Trump, Macron Calls For Scaling Back Trade Blitz

    Addressing a joint session of the U.S. Congress on Wednesday, French President Emmanuel Macron called for a measured and diplomatic approach to global trade policy in open defiance of the Trump administration, which has made a flurry of aggressive enforcement maneuvers in recent months.

  • April 25, 2018

    11th Circ. Nixes Ga. County’s Bid To Use Aviation Fuel Tax

    A Georgia county’s challenge to the Federal Aviation Administration over the county's use of aviation fuel taxes for nonaviation projects was rebuffed Tuesday when the Eleventh Circuit ruled it lacked jurisdiction to hear the dispute. 

  • April 25, 2018

    Churchill Fights To Keep Pause On Mining Row Costs Order

    Allowing Indonesia to enforce a nearly $9.5 million costs order against Churchill Mining PLC while the British company looks to revive its $1.3 billion claim over canceled coal mining rights would risk stifling its access to justice, the company told an international tribunal Monday.

Expert Analysis

  • Oil States Won't End Constitutional Challenges To IPR

    Brian Murphy

    The U.S. Supreme Court's decision this week in Oil States v. Greene’s settles only the Article III constitutional challenge to inter partes reviews, and one particular paragraph in the majority opinion reads like an invitation for future petitions, say attorneys with Haug Partners LLP.

  • Momentum Builds For US Offshore Wind Energy

    Raya Treiser

    The first quarter of 2018 has left little doubt that the momentum for U.S. offshore wind projects is increasing. The combination of federal and state policy support, and the Trump administration's commitment to streamlined federal permitting, presents an important opportunity for offshore wind developers, say members of WilmerHale.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • What’s Next For GHG And Fuel Economy Regulation?

    Jackie Glassman

    While the U.S. Environmental Protection Agency's recent announcement that it will reconsider Obama-era automobile greenhouse gas emissions standards is generating controversy, it was not unexpected, say Jackie Glassman and Rachel Tennis of King & Spalding LLP.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • What To Expect From High Court Patent Damages Ruling

    Jerry Selinger

    In WesternGeco v. Ion, the government and WesternGeco argued that proximate cause and foreseeability should determine the limits of recoverable patent damages, based on congressional intent and statutory language. Nevertheless, the U.S. Supreme Court will likely apply the extraterritoriality framework set forth in the 2016 RJR decision, say Jerry Selinger and Grant Davis of Patterson & Sheridan LLP.

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Update For Gov't Contractors On Settled Suit Cost Recovery

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    Since the Federal Circuit's 2009 decision in Geren v. Tecom, the allowability of government contractor settlement costs incurred in just about any type of third-party lawsuit has been unclear. But this month the U.S. Court of Federal Claims had the opportunity to analyze the Tecom standard in Bechtel v. U.S., say Steven Masiello and Tyler Thomas of Dentons.

  • Trespass By Fracking: Pennsylvania Court Weighs In

    L. Poe Leggette

    Reversing a lower court's motion for summary judgment, the Superior Court of Pennsylvania recently held that trespass and conversion claims arising from a hydraulic fracturing operation are not precluded by the rule of capture. The case raises unsettling questions for oil and gas operators, say L. Poe Leggette and Jasper Mason of BakerHostetler.