Energy

  • November 22, 2017

    SPACs Grabbing Bigger Share Of IPO Market

    Initial public offerings by special purpose acquisition companies are growing at their most robust clip since before the financial crisis, giving more visibility to a once remote corner of the IPO market.

  • November 22, 2017

    Calif. Court Reverses Decision To Allow Crude Oil Shipments

    A California state appellate court on Tuesday struck down a controversial decision to allow the construction of a new rail facility that would have allowed greater shipments of potentially explosive oil to be delivered to a shuttered oil refinery in Bakersfield, finding an environmental impact study erroneously downplayed the risk of disaster.

  • November 22, 2017

    Conn. Seeks Quick Win In Plant-Pollution Suit Against EPA

    Connecticut and two environmental groups have moved for quick wins in a suit alleging the U.S. Environmental Protection Agency didn’t timely act on the state’s petition asking the agency to stop pollution from a Pennsylvania coal-fired power plant from blowing in the state’s direction.

  • November 22, 2017

    Exxon Climate Suit Not A Copy Of NY Probe, Investors Say

    Investors accusing Exxon Mobil Corp. of concealing its climate change knowledge said Tuesday that the company is glossing over clearly false and misleading statements it made over its climate change costs when it argued that their proposed class action parrots a politically motivated and "baseless" investigation pursued by New York Attorney General Eric Schneiderman.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    YPF Gets $10M Award Against Apache Confirmed

    Argentine energy giant YPF SA had an almost $10 million award against oil and gas exploration and production company Apache Corp. confirmed earlier this week, with a Texas federal court finding that the award was properly decided by KPMG LLP partners per an agreement between the companies. 

  • November 22, 2017

    Jones Day Adds Energy Industry Veteran From McGuireWoods

    Jones Day has boosted its energy practice with the addition of a partner from McGuireWoods LLP who brings with him years of experience representing electric utilities and their affiliates, according to the firm.

  • November 22, 2017

    Rockwell Turns Away Latest Emerson Electric Takeover Bid

    Rockwell Automation Inc. turned down the most recent acquisition attempt by Emerson Electric Co., saying Wednesday that it would be better served by pursuing its own strategy instead of agreeing to the proposed $28 billion tie-up.

  • November 22, 2017

    5 Things To Watch As High Court Tackles AIA Reviews

    The day of reckoning is nigh for America Invents Act reviews as the U.S. Supreme Court will hear arguments Monday to determine if they are unconstitutional. Here’s what attorneys will be watching for as the justices take up a case that could abolish a key tool for invalidating patents.

  • November 22, 2017

    4 Tips For Young Enviro Attorneys

    Students and early-career attorneys looking to carve out a career in environmental law face a competitive marketplace and a legal landscape that’s in flux thanks to the Trump administration’s commitment to rolling back regulations, but experts say there are several ways for up-and-coming environmental lawyers to gain traction in the field.

  • November 22, 2017

    Trump's Energy Plans Still Hamstrung By EPA, DOI Vacancies

    President Donald Trump has made rolling back energy and environmental regulations to boost energy development a priority. But 10 months into his presidency, there are still plenty of vacancies in politically appointed positions at agencies responsible for carrying out the deregulatory push.

  • November 21, 2017

    FERC Says Enviros Can't Redo $2.2B Pipeline Fight

    The Federal Energy Regulatory Commission and developers of the $2.2 billion Nexus pipeline on Tuesday told the D.C. Circuit that the Sierra Club shouldn't get another chance at blocking the project's construction after discovering that a landowner who sided with the group in the suit had sold his property to the developers without the group's knowledge.

  • November 21, 2017

    Phillips 66’s $5.5M Wage Deal Drives Toward Approval

    A California federal judge preliminarily approved on Tuesday Phillips 66’s $5.5 million settlement that would resolve a putative class action alleging the energy company violated wage and hour statutes shorting refinery operators' pay, but she required the parties to refine the class notice so it's easier to understand.

  • November 21, 2017

    Petrobras Fights Bid To Arbitrate $400M Oil Rig Defect Suit

    Brazilian oil giant Petrobras on Monday told the Fifth Circuit it doesn’t have to arbitrate a $400 million claim against Spanish manufacturer Vicinay Cadenas SA over an allegedly defective component used in an offshore oil and gas rig.

  • November 21, 2017

    Oncor Stakeholder Goes After NextEra For $72M Breakup Fee

    A minority shareholder in Texas utility Oncor Electric Delivery Co. LLC told the Delaware Chancery Court on Monday that NextEra Energy owes it $72 million as a breakup fee for a merger shot down by state regulators.

  • November 21, 2017

    6D Global Settles Suit Over PE CEO's Stock Scheming

    Digital marketing company 6D Global Technologies Inc. will implement new training programs to settle claims that it failed to stop a private equity firm's CEO from manipulating its share price, the company and shareholders have told a New York federal judge.

  • November 21, 2017

    Pa. Justices Snub Appeal Over Revived Gas Lease Fight

    The Pennsylvania Supreme Court said Monday that it would not hear an appeal following a decision that revived a class action accusing Rex Energy Corp. of failing to pay bonuses that landowners say they’re owed over properties leased for gas drilling.

  • November 21, 2017

    Cut In $23M Award Mooted Bid To Vacate, Builder Says

    The International Chamber of Commerce's $5 million reduction of an arbitration award has made a Spanish construction firm's petition to vacate the award moot, the Italian subcontractor who was granted the award for breach of contract on a Guatemala hydroelectric project told a Florida federal court Friday.

  • November 21, 2017

    Dakota Access Refutes Tribes' Claims In Pipeline Row

    Dakota Access LLC on Monday shot back at claims from two Native American tribes who are challenging the company’s crude oil pipeline that they were given redacted copies of response plans, saying it wanted to set the record straight on factual claims made by the tribe.

  • November 21, 2017

    Talos-Stone Union Creates $2.5B Offshore Driller

    Talos Energy LLC and Stone Energy Corp., which emerged from bankruptcy earlier this year, on Tuesday said they will merge in an all-stock deal that will create an offshore drilling company with an enterprise value of $2.5 billion and an initial market capitalization of $1.9 billion.

Expert Analysis

  • Amicus Arguments For And Against Inter Partes Review

    Thomas King

    In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)

  • How Blockchain Could Change The Energy Industry: Part 2

    Caroline Stewart

    Incorporating blockchain technology into the energy marketplace poses considerable challenges. Blockchain developers must proceed in the face of regulatory uncertainty, while regulators must address reliability, stability and security concerns. But in the end, it is likely that the opportunities will outweigh the obstacles, says Caroline Stewart of Vinson & Elkins LLP.

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • How Blockchain Could Change The Energy Industry: Part 1

    Caroline Stewart

    Blockchain technology has expanded far beyond cryptocurrencies and into the energy sphere, enabling peer-to-peer payment and potentially catalyzing distributed energy resources. But full integration of blockchain will require confronting a complex energy regulatory landscape, as well as reliability, security and stability concerns, says Caroline Stewart of Vinson & Elkins LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Creditors’ Options In Venezuela’s Disorderly Default

    Javier Rubinstein

    By analyzing the case law from Argentina’s default in 2001 and the terms of the Venezuelan bonds, it is possible to predict how a disorderly default might play out in Venezuela's debt crisis. Attorneys with Kirkland & Ellis LLP examine key elements from Argentina’s default in order to predict whether history is likely to repeat itself.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • The Battle Over 3rd-Party Releases Continues

    Matthew Kelsey

    Bankruptcy courts have taken divergent approaches to analyzing whether they have jurisdiction to approve nonconsensual third-party nondebtor releases. While the New York bankruptcy court's recent decision in SunEdison provides another data point for the debate, it leaves some questions unanswered, say attorneys with Gibson Dunn & Crutcher LLP.

  • How FERC Is Streamlining Hydropower Licensing

    Mary Anne Sullivan

    The Federal Energy Regulatory Commission recently adopted a 40-year default license term for hydropower projects at nonfederal dams. While there is more that FERC could do to ease hydro licensing and relicensing, this move is a welcome effort to streamline and reduce uncertainty in the licensing process, say Mary Anne Sullivan and Zachary Launer of Hogan Lovells LLP.