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Energy

  • September 18, 2018

    HFC Rule Must Suffer Same Fate As Precursor, DC Circ. Hears

    The D.C. Circuit should nix a 2016 U.S. Environmental Protection Agency rule that banned the use of hydrofluorocarbons in certain circumstances on the same grounds as it invalidated the agency's 2015 rule limiting HFC use, a pair of chemical companies told the appeals court Monday.

  • September 18, 2018

    Multilateral Dev Banks Need Immunity, Ex-Officials Tell Justices

    Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suit, arguing that multilateral development banks are fundamentally different from sovereign states.

  • September 17, 2018

    DC Circ. Delays Voiding Section Of 2008 Ozone Rule

    The D.C. Circuit on Friday agreed to delay until February its voiding of a portion of the U.S. Environmental Protection Agency's 2008 ozone standards implementation rule that exempted some areas from transportation-related air quality requirements.

  • September 17, 2018

    EPA Poised To Replace Clean Power Plan, DC Circ. Hears

    The U.S. Environmental Protection Agency on Friday urged the D.C. Circuit to reject a bid by Clean Power Plan supporters to decide the merits of the rule, saying its proposed replacement should be finalized by the first part of 2019.

  • September 17, 2018

    Energy Co. Fights Enforcement Of $21M Chinese Award

    An Oklahoma energy company urged a federal court Friday to quash five subpoena requests issued by an Asian investment firm as it looks to collect a $21 million arbitral award issued in China that's currently being challenged there, arguing that the award has not yet been confirmed and may never be.

  • September 17, 2018

    Mining Co.’s Involuntary Ch. 7 Draws Judge’s Skepticism

    A Delaware bankruptcy judge on Monday questioned a creditor’s use of an involuntary Chapter 7 action against a mining company that branded the case as an effort to neutralize its Chancery Court lawsuit against the same creditor, cautioning that the bankruptcy court is “not a collection court.”

  • September 17, 2018

    Wagner Law Group Adds ERISA, Tax, Energy Pro As Partner

    The Wagner Law Group has expanded its practice with the addition of an ex-Mazars USA LLP Employee Retirement Income Security Act expert with years of experience under her belt, saying Monday she has come to the firm as a partner in Boston.

  • September 17, 2018

    Soured Iraqi Oil Deal Row Must Be Arbitrated, Court Hears

    Two executives of a British Virgin Islands petroleum company said global commodities trading house Gunvor SA is improperly trying to get out of arbitrating a dispute over at least $30 million in losses stemming from a deal to transport fuel from Iraq, according to documents filed in Virginia federal court on Friday.

  • September 17, 2018

    EPA Erred In Nixing Hardrock Mining Rule, Enviros Say

    Green groups on Friday asked the D.C. Circuit to invalidate the Trump administration's decision to kill an Obama-era rule that would have required hardrock mining facilities to prove they can pay for cleanup efforts, saying the agency improperly ignored the industry's effects on health and the environment.

  • September 17, 2018

    No Recouping Workers' Comp, Exxon Tells Texas Justices

    Counsel for ExxonMobil Corp. told the Texas Supreme Court in oral arguments Monday that under the terms of an agreement the energy giant had with The Insurance Company of the State of Pennsylvania, the insurer was required to waive its right to recoup from Exxon the workers' compensation money it paid to injured workers.

  • September 17, 2018

    Anadarko, Insurer Clash On Terms In $100M Deepwater Row

    Anadarko Petroleum Corp. told the Texas Supreme Court Monday that an excess insurer at Lloyd’s of London has effectively rewritten policy terms to avoid paying more than $100 million in Deepwater Horizon litigation defense costs, while the insurer says Anadarko is seeking a drastic expansion of coverage.

  • September 17, 2018

    FERC Pipeline Tax Policy Change Challenged At DC Circ.

    A pair of pipeline companies urged the D.C. Circuit on Friday to review a Federal Energy Regulatory Commission policy removing a tax perk for pipeline master limited partnerships, a companion to a rule directing gas pipeline operators to disclose the effect of recently enacted corporate tax cuts on their rates.

  • September 17, 2018

    4th Circ. Won't Stop $3.5B Pipeline Work Amid Permit Redo

    The Fourth Circuit on Monday denied a bid by a group of environmental activists to halt construction of the $3.5 billion Mountain Valley gas pipeline while the U.S. Forest Service and the Bureau of Land Management revise approvals thrown out by the appeals court.

  • September 17, 2018

    Exelon Says 7th Circ. Ruling Dooms NY Nuke Subsidy Fight

    The Seventh Circuit's recent ruling that subsidies offered by Illinois to prop up struggling nuclear power plants are lawful backs the argument that New York's similar nuclear subsidy program passes legal muster, a lawyer for Exelon Corp. told the Second Circuit on Friday.

  • September 17, 2018

    Commerce Leans Toward Amending Chinese Nails Duty Order

    The U.S. Department of Commerce has preliminarily determined that it should amend the scope of an anti-dumping duty order on certain steel nails from China, following a request by a U.S. producer of the products, the department announced on Monday.

  • September 17, 2018

    Warburg Pincus Offers $500M To Texas Oil And Gas Co.

    Midland, Texas-based oil and gas exploration and production company Tall City Exploration III LLC said on Monday that it has received a line of equity financing of up to $500 million from funds affiliated with private equity firm Warburg Pincus LLC.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Joy Global Wins Nod For $20M Investor Deal In Merger Row

    A Wisconsin federal judge on Friday granted preliminary approval to Joy Global Inc.’s $20 million deal with investors to end their class action alleging the company and its executives undervalued Joy Global when agreeing to a deal valued at $3.7 billion with Japanese mining giant Komatsu Ltd.

  • September 14, 2018

    Gazprom Vows To Keep Fighting $2.6B Award To Ukraine Co.

    A Swedish appeals court has lifted its stay on enforcing a $2.56 billion arbitral award won by Ukraine's national oil and gas company Naftogaz in a contract dispute with Gazprom, a move the Russian natural gas giant vowed to challenge after a London court unfroze its English assets, exposing them to possible seizure by Naftogaz.

  • September 14, 2018

    14 Firms To Steer 8 IPOs Topping $3B As Busy Autumn Nears

    Fourteen law firms plan to guide eight initial public offerings that could raise more than $3 billion during the week of Sept. 17, led by an estimated $1.4 billion offering by Eli Lilly's animal health unit, as IPO activity accelerates ahead of an expected busy autumn.

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • Intellectual Property Caught In US-China Trade Crossfire

    Holly White

    Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

  • Kavanaugh's Chevron Skepticism May Impact Enviro Regs

    Andrea Driggs

    Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • Fundamental Valuation Principles Prevail In Minn. Tax Court

    Mark Lansing

    In Enbridge Energy v. Commissioner of Revenue, the Minnesota Tax Court recently rejected the state revenue commissioner’s attempt to artificially increase an interstate pipeline’s value to exceed market value. Whether by the misuse of unit valuation or asset valuation, taxing jurisdictions continue to find ways to overstate the value of energy-related property, says Mark Lansing of Dickinson Wright PLLC.

  • Canadian Holding Structure Saves On Tax, For Now

    Greg Johnson

    The Tax Court of Canada, taking a commercially realistic approach, held in Alta Energy Luxembourg v. The Queen that a limited liability company was entitled to treaty benefits on capital gains and that the general anti-avoidance rule did not apply to the disposition of shares of a Canadian resource company. However, it is expected that the multilateral instrument and principal purpose test could curtail the use of these types of structures, say Greg Johnson and Wade Ritchie of Bennett Jones LLP.