• June 22, 2017

    Murray Energy Hits John Oliver, HBO With Defamation Suit

    Murray Energy Corp. has lodged a defamation suit against comedian John Oliver in West Virginia state court over an HBO segment lampooning CEO Bob Murray as a “geriatric Dr. Evil,” claiming it wrongly states the cause of a fatal collapse at one of the company's mines. 

  • June 22, 2017

    Puda Coal Investor Wants Receiver After $228M Judgment

    A shareholder in Puda Coal Inc. asked the Delaware Chancery Court on Thursday to appoint a receiver for the defunct China-based company that was recently hit with a $228 million judgment in New York federal court, arguing the company has a history of disregarding court orders.

  • June 22, 2017

    Another Sempra Gas Leak Investor Suit Is Tossed, For Now

    A California federal judge on Tuesday tossed allegations that Sempra Energy and subsidiary SoCalGas misled shareholders by hiding the strain facing their infrastructure ahead of the massive Aliso Canyon natural gas leak, saying investors had failed to show specific evidence of deception.

  • June 22, 2017

    Ex-Energy Co. CEO Gets 2 Years For Embezzlement Scheme

    The former CEO of a Texas energy company was sentenced Thursday to two years in prison, after he admitted to embezzling at least $450,000 from the company through faked invoices and reimbursements for personal expenses.

  • June 22, 2017

    ND, Texas File Brief Supporting EPA Methane Rules Delay

    The states of North Dakota and Texas on Wednesday filed a brief in support of the U.S. Environmental Protection Agency’s decision to put on hold and revise parts of a rule aimed at curbing methane emissions, saying that the agency properly exercised its discretion in issuing the stay.

  • June 22, 2017

    Wash. Asks High Court To Weigh Tribal Treaty Bar On Gas Tax

    The Washington State Department of Licensing has asked the U.S. Supreme Court to review a ruling by the state's top court that a tribal wholesale fuel distribution company is exempt from paying taxes on fuel brought to the Yakama Indian Reservation from Oregon under a treaty between the federal government and the tribe.

  • June 22, 2017

    King & Spalding Pulls In Ex-Morgan Lewis Energy Pro

    King & Spalding bolstered its Houston office with a former Morgan Lewis & Bockius LLP transactional oil and gas attorney experienced in a variety of areas in the energy sector, including mergers and acquisitions and project development.

  • June 22, 2017

    Navajo Council To Weigh Keeping Ariz. Coal Plant Open

    The Navajo Nation Council will consider legislation next week that would permit the coal-fired Navajo Generating Station in Arizona to remain open through 2019, a move that comes after the group voted to table the measure and scope out whether the facility’s owners would be open to some amendments.

  • June 22, 2017

    New Energy Landscape Coming Under Trump, Report Says

    The energy sector should prepare itself for a policy shift and the accompanying legal challenges now that the Trump administration has issued executive orders promising to ramp up oil and gas production while reducing federal oversight of the industry, Babst Calland Clements and Zomnir PC has said in a new report.

  • June 22, 2017

    Tidewater Balks At Shareholder Bid To Delay Ch. 11 Consent

    Offshore marine services company Tidewater Inc. Wednesday asked the Delaware bankruptcy court to deny a newly formed official equity holders’ committee’s request to adjourn a June 28 plan confirmation hearing, saying it's an unnecessary delay that could spook its foreign creditors.

  • June 22, 2017

    Fact Issues Keep Claims Alive In $310M Drilling Asset Sale

    A Colorado federal judge on Wednesday decided that there were enough questions of fact to deny summary judgment in a case in which two oil companies are accusing Newfield Production Co. of breaking a confidentiality agreement and antitrust laws in the run-up to an auction for their assets.

  • June 22, 2017

    Enel Snaps Up Demand Response Firm In $250M Deal

    The U.S. green power unit of Italian utility giant Enel Group said Thursday that it has agreed to buy demand response provider EnerNOC in a deal that values at $250 million the company that develops technology allowing consumers to be paid for using less power during high-demand periods.

  • June 22, 2017

    Texas Refinery Can’t Claim Tax-Free Zone At Appeals Court

    A split Texas appeals court sided Thursday with Harris County in upending a lower court ruling clearing a refinery owner of local ad valorem taxes, concluding that a change in corporate structure meant the company had lost its claim to a local tax-free “zone” for international trade.

  • June 22, 2017

    5th Circ. Panel Won’t Revisit BP Formula On Deepwater Claims

    A Fifth Circuit panel on Wednesday denied a request by BP PLC to revisit the decision rejecting most of the formula the oil giant used to determine the settlement it will pay a class of Gulf Coast businesses harmed by 2010’s Deepwater Horizon disaster, saying the company’s argument was wrong.

  • June 22, 2017

    9th Circ. Allows Sailors' $1B Fukushima Suit To Proceed

    The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.

  • June 22, 2017

    Enviros Press FERC For Full Probe Of ETP $4.2B Pipeline

    Environmentalists on Wednesday urged the Federal Energy Regulatory Commission to launch a full enforcement investigation into Energy Transfer Partners LP over drilling fluid leaks from its $4.2 billion Rover pipeline project in Ohio and stop all construction until the investigation is complete.

  • June 22, 2017

    Magellan Sues Enterprise For $50M Over Oil Shipping Deal

    A unit of Magellan Midstream Partners LP claims in a Texas state court suit that an Enterprise Products Partners LP affiliate owes it at least $50 million after breaching a crude oil shipping agreement by using its own pipelines for oil produced from the Eagle Ford Shale.

  • June 22, 2017

    No Indemnity For Shell Drilling Unit Damages, 5th Circ. Says

    The Fifth Circuit on Wednesday affirmed part of a lower court’s ruling in a case on the aftermath of an accident in the Gulf of Mexico that damaged a mooring line on a Royal Dutch Shell PLC subsidiary's drilling unit, finding that two third-party companies are not required to indemnify the two companies found liable for the accident.

  • June 22, 2017

    DC Circ. Pipeline Ruling Undercuts States' CWA Role: Enviros

    Environmentalists challenging the Federal Energy Regulatory Commission's approval of Constitution Pipeline Co.’s proposed $683 million natural gas pipeline told the Second Circuit Wednesday that a recent D.C. Circuit ruling that FERC could conditionally approve a pipeline's construction without triggering the Clean Water Act undermines states' authority over CWA permitting.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

Expert Analysis

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    With the conclusion of this U.S. Supreme Court term just around the corner, the guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40


    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Opinion

    DOJ Would Strongly Enforce More Russia Sanctions

    Harry Dixon

    The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

  • Series

    FERC At 40: How It Became An Enforcement Agency

    David Applebaum

    Following the Western energy crisis of 2000-2001, the Federal Energy Regulatory Commission transformed itself into a robust enforcement agency. In the coming years, FERC has an opportunity to ensure that its important efforts to deter conduct in violation of federal law do not overregulate or unnecessarily increase market participants’ costs, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • Why High Court Should Find IPR Constitutional

    Kenneth Hairston

    The inter partes review constitutionality case that the U.S. Supreme Court recently agreed to hear is a perfect opportunity for the justices to exercise judicial restraint and indirectly address the public versus private property rights issue as was done in the B&B Hardware trademark case, says Kenneth Hairston, counsel at Fitch Even Tabin & Flannery LLP and a former administrative patent judge.

  • Fix Market Distortions By Putting A Price On Carbon

    Kenneth Grant

    Secretary of Energy Rick Perry has criticized “market-distorting effects of federal subsidies that boost one form of energy at the expense of others.” But the failure to account for the social costs of carbon emissions from fossil fuels is a market distortion that remains unaddressed, say Kenneth Grant and Charles Augustine of Compass Lexecon.

  • Miners Find Themselves In The Spotlight Once Again

    John Tivey

    As mining companies continue on their rapid recovery path from the commodity price downturn, the perceived sins of the past return to haunt management teams soon to be swimming in cash, say John Tivey and Rebecca Campbell of White & Case LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Series

    FERC At 40: Great Cases Make Bad Law

    Andrew Kleit

    Over the four decades of its existence, the Federal Energy Regulatory Commission has at times struggled to respond to new strategies by electric power market participants. Andrew Kleit, professor of energy and environmental economics at Pennsylvania State University, suggests that FERC's branding of certain practices as "manipulation" has been misguided, and may present further problems as markets continue to evolve.