• February 23, 2018

    Texas Justices Revive Law Firm's Fight For Fees

    The Texas Supreme Court sided with Alexander Dubose Jefferson & Townsend LLP on Friday and reversed lower court rulings that the law firm had missed the deadline to pursue a portion of sanctions and fees awarded in a lengthy underlying suit over a real estate transaction.

  • February 23, 2018

    GAO Backs Protest Over $4.8B Nuclear Waste Deal

    The U.S. Department of Energy wrongly granted a joint venture a nearly $4.8 billion contract to process nuclear waste at the agency's Savannah River Site via an untested method, the U.S. Government Accountability Office said in a decision made public Friday.

  • February 23, 2018

    Treasury's Mnuchin Says IRS Calculator Coming Soon

    U.S. Treasury Secretary Steven Mnuchin announced Friday at a White House press conference that the Internal Revenue Service will possibly release its tax calculator next week, through which filers can see how their withholdings will be affected by the recent federal tax overhaul legislation.

  • February 23, 2018

    Enviros Ask 4th Circ. To Suspend $3.5B Gas Pipeline Permit

    Environmental groups on Friday asked the Fourth Circuit to suspend the U.S. Army Corps of Engineers’ approval of a permit associated with the $3.5 billion Mountain Valley gas pipeline, saying the project doesn’t meet federal water quality standards.

  • February 23, 2018

    FERC Advancing Clean Energy Despite Trump's Fossil Focus

    From rejecting a power plant bailout plan to removing electricity market barriers for renewable-friendly technologies, the Federal Energy Regulatory Commission is a lone bright spot for clean energy advocates dismayed by the Trump administration's singular focus on fossil fuels, though experts say FERC's motivations are more economic than political.

  • February 23, 2018

    Lawmakers Press DOJ To Hurry Probe Into Daimler Emissions

    Democratic Senators Ed Markey of Massachusetts and Richard Blumenthal of Connecticut pressed the U.S. Department of Justice on Friday to quickly look into allegations that Mercedes-Benz manufacturer Daimler AG used software to help its vehicles skirt emissions standards.

  • February 23, 2018

    Rakoff Questions $285M Atty Fees In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff on Friday pressed lawyers for a class of investors in Petrobras securities who inked a $3 billion fraud settlement with the oil giant and its auditor to justify their request for $285 million in attorneys’ fees, calling on Petrobras to join him in scrutinizing the plaintiffs’ billing records.

  • February 23, 2018

    Exxon Pushes Back Against NYAG's Free Speech Arguments

    Exxon on Thursday asked a New York federal judge to reject the state attorney general’s contention that the Second Circuit’s recent decision that the First Amendment does not shield social welfare organizations from disclosing their donors also undermines the company’s free speech claims against state climate change probes.

  • February 23, 2018

    EFH Says It's Nearing Resolution Of NextEra's Plan Objection

    Energy Future Holdings Inc. told a Delaware bankruptcy judge Friday that it was nearing resolution of an objection to its Chapter 11 plan ahead of a confirmation hearing set to begin Monday, saying issues over a $275 million reserve fund could be worked out before then.

  • February 23, 2018

    Perry, Zinke Call For 'Responsible' Energy, Public Land Use

    A pair of Cabinet secretaries who set the nation's energy policy called for "responsible" increases in the use of public lands, as well as changes to the nation's energy policy, saying Friday that the previous administration had stifled innovation and community growth.

  • February 23, 2018

    Biz Seeks $136M Refund From Gov't For Solar Power Project

    A company contracted to build a 250-megawatt solar power facility in Nevada has sued the government for $136 million, claiming the U.S. Department of Treasury erred when determining reimbursements for requested cash grants the business made under a federal renewable energy statute.

  • February 23, 2018

    Judge Nixes BLM's Delay Of Obama Methane Flaring Rule

    A California federal judge on Thursday lifted the U.S. Bureau of Land Management’s block of an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, saying the agency’s rationale isn’t likely to pass muster.

  • February 22, 2018

    Man Posed As Well Owner For Millions In Loans, DOJ Says

    A Hawaii man was arrested Wednesday for allegedly posing as the owner of Wyoming oil and gas wells for a decade to obtain multimillion-dollar loans, using the money to pay back old fraudulent loans or spend on private jets and lavish artwork, according to a complaint filed in New York federal court.

  • February 22, 2018

    Judge Mulls Tossing Extortion Counts Against Ex-Cuomo Aide

    The Manhattan federal judge overseeing Joe Percoco's criminal corruption trial strongly hinted Thursday that she is considering dismissing extortion counts against the former “right-hand man” to New York Gov. Andrew Cuomo accused along with three businessmen in two bribery schemes.

  • February 22, 2018

    Judge OKs $9.3M Settlement In Ambit Rate-Hike Suit

    A Pennsylvania federal judge on Thursday greenlit a $9.3 million settlement of a proposed class action claiming an Ambit Energy Holdings LLC unit jacked up customers' rates after luring them into switching energy providers with promises of lower prices, a suit the Third Circuit revived after it was originally dismissed.

  • February 22, 2018

    NJ Sens. Move Bill To Raise $300M In Nuke Plant Subsidies

    A New Jersey legislative committee on Thursday released a bill that would establish a $300 million nuclear plant subsidy from ratepayers in what advocates say will ensure the viability of two Public Service Enterprise Group Inc. power plants and advance the state’s clean energy goals.

  • February 22, 2018

    EFH, Creditor Experts Won't Testify On Reserve Bond Issue

    Experts proposed to testify on issues about interest bonds at the plan confirmation hearing of Energy Future Holdings Inc. will not be permitted to take the stand next week after a Delaware judge said Thursday those issues aren’t relevant to confirmation.

  • February 22, 2018

    Texas State Sen. Found Guilty In Securities Fraud Scheme

    A Texas state senator who is also a San Antonio attorney was convicted by a federal jury Thursday of securities fraud and other charges stemming from his alleged role in a fracking-related Ponzi scheme. 

  • February 22, 2018

    Feds Have To Search For More Keystone Docs, Judge Says

    A Montana federal judge on Wednesday said the federal government must take a look at what documents it has pertaining to the Keystone XL pipeline to see if it has produced everything it is required to for two suits brought by activist groups challenging the pipeline’s revival.

  • February 22, 2018

    TransCanada Gas Unit Vies For FERC Market Rates At DC Circ.

    Pipeline giant TransCanada Corp.’s U.S. natural gas storage unit urged a D.C. Circuit panel Thursday to allow it to charge market-based rates, asserting in oral arguments that the Federal Energy Regulatory Commission wrongly denied it the right to charge those rates while permitting others in the same market to do so.

Expert Analysis

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Settling Mandatory Duty Lawsuits

    Avi Garbow

    The U.S. Environmental Protection Agency’s 2017 "sue and settle” directive embraces a nascent process to post online notices of intent to sue, complaints and petitions for review. For some this is sufficient for planning purposes and strategic undertakings, but for others it provides interesting opportunities, says Avi Garbow, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Breaking Down The New Interest Deduction Limitation

    Breaking Down The New Interest Deduction Limitation

    The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense.

  • How FERC's New Rule Paves The Way For Energy Storage

    Levi McAllister

    Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation in regional transmission organization and independent system operator markets. Market participants with an interest in energy storage are advised to focus closely on the tariff provisions being developed by each RTO/ISO, say attorneys with Morgan Lewis & Bockius LLP.

  • Series

    EPA In The Trump Era: The Superfund Enforcement Initiative

    Donald Elliott

    When it comes to climate change, the U.S. Environmental Protection Agency under Administrator Scott Pruitt is undeniably less aggressive than under its immediate predecessor. However, for the current EPA, one area that sharply conflicts with this pattern is Superfund, says Donald Elliott, former EPA general counsel and chairman of the environmental practice group at Covington & Burling LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • 3 Mass. Proposals Signal A New Wave Of Offshore Wind

    Tommy Beaudreau

    After the recent submission of three bids in response to Massachusetts electric distribution companies' request for proposals for offshore wind energy projects, the stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP.