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Energy

  • May 25, 2018

    Chicago Bridge & Iron Co. Overcomes ERISA Stock Suit

    A New York federal judge has thrown out a proposed class action accusing the energy infrastructure outfit Chicago Bridge & Iron Co. of flouting the Employee Retirement Income Security Act by keeping company stock in its workers’ retirement plan as a nuclear construction project tanked.

  • May 25, 2018

    Enviros Must Specify Water Pollution Fixes To Fla. Utility

    A Florida magistrate judge on Friday ordered environmental groups suing Florida Power & Light Co. over water pollution from its Turkey Point nuclear plant near Miami to provide the utility with specifics about what they demand the utility do to remediate the problem.

  • May 25, 2018

    Pruitt’s Slate Of EPA Regional Chiefs Leaves Enviros Fuming

    U.S. Environmental Protection Agency head Scott Pruitt recently filled the organization's last open regional administrator position, once again picking an individual who environmentalists say is too cozy with the companies he is tasked with regulating.

  • May 25, 2018

    Anadarko Retains Win In Texas Oil And Gas Lease Fight

    The Texas Supreme Court on Friday upheld a win for Anadarko Petroleum Corp. in an oil and gas rights dispute, finding TRO-X LP did not retain a small working interest in a set of mineral leases after Anadarko signed new leases with the property owners.

  • May 25, 2018

    Texas Justices OK Separate Tax Appraisal Of Disposal Wells

    The Texas Supreme Court on Friday held that an appraisal district’s valuing of saltwater disposal wells separately from the land on which they are located is a valid appraisal method, rejecting the landowners’ arguments that such valuations double-taxed the wells.

  • May 25, 2018

    CIT Says Commerce Dept. Can Use Thai Data In Solar Probe

    The U.S. Court of International Trade on Friday sustained the U.S. Department of Commerce's use of Thai data to determine the value of scrapped solar modules in a dispute stemming from the anti-dumping investigation of certain crystalline silicon photovoltaic products from China.

  • May 25, 2018

    9th Circ. Revives FOIA Suit For Federal Power Agency Docs

    The Ninth Circuit on Friday revived an environmental group's Freedom of Information Act suit seeking information from the Bonneville Power Administration, reversing a lower court's conclusion that the group lacked standing because it didn't clearly identify itself as the one filing the original FOIA request.

  • May 25, 2018

    First Quantum Exits Deal To Back Controversial Mine

    First Quantum Minerals Ltd. has backed away from a plan to invest in a controversial proposed gold and copper open-pit mine in Alaska's Bristol Bay, the parent company of the project's developer announced on Friday.

  • May 25, 2018

    Liberty Beats Pipe Co.'s Appeal Over $13.5M Coverage Loss

    The Eighth Circuit on Friday upheld a lower court's ruling that Liberty Mutual doesn't have to cover $13.5 million in expenses that a pipe maker says it incurred shifting production overseas after a 2012 fire at its plant in Little Rock, Arkansas, rejecting the manufacturer's contention that the costs were necessary to avert covered business income losses.

  • May 25, 2018

    Aton Raises Stake In South African Miner Amid Takeover Bid

    Aton GmbH on Friday said it raised its stake in engineering and mining contractor Murray & Roberts Holdings Ltd. to hold almost 44 percent of the company's voting rights amid the German investment company's bid to buy the shares it doesn't already own in the South African company.

  • May 25, 2018

    Exxon, AGs Clash Over Speed Of Climate Probe Appeal

    ExxonMobil wants the Second Circuit to take off the fast track its appeal of the dismissal of its suit claiming the attorneys general of New York and Massachusetts conspired to violate Exxon's free speech rights on climate change issues by investigating the company, a move the prosecutors oppose.

  • May 25, 2018

    Taxation With Representation: Davis Polk, Wachtell, Hogan

    In this week’s Taxation with Representation, Wabtec merged with General Electric’s transportation unit in an $11.1 billion deal, NextEra snapped up Southern Co.'s Florida utilities for $6.48 billion, MB Financial and Fifth Third merged in a $4.7 billion deal, and Adobe acquired Magento for $1.68 billion.

  • May 24, 2018

    EPA Extends Comment Period On Scientific Review Revamp

    The U.S. Environmental Protection Agency announced on Thursday that it is extending the public comment period on a controversial proposal to require the publication of data underlying scientific studies that are considered when promulgating regulations, and will also hold a public hearing on the matter.

  • May 24, 2018

    Global Warming Fight Heats Up As Big Oil, Cities Face Off

    The U.S. Justice Department joined Chevron, BP, Exxon Mobil and other oil companies Thursday in attacking suits by San Francisco and Oakland seeking damages for climate change-related infrastructure needs, arguing before a California federal judge that the litigation would flout congressional intent, muddle international policy and outlaw energy production.

  • May 24, 2018

    Pa. PUC Judge Orders Shutdown Of Sunoco Pipelines

    An administrative law judge for the Pennsylvania Public Utility Commission has ordered Sunoco LP to shut down operations at a natural gas pipeline in the state and halt construction on two others, siding with a Pennsylvania state senator who claimed the projects were fraught with environmental and safety issues.

  • May 24, 2018

    Conservationists Lose Suits Over Dominion Va. Power Line

    A D.C. federal judge on Wednesday nixed suits by conservation groups challenging the U.S. Army Corps of Engineers' allowing a Dominion Energy Inc. electricity transmission project to cross the James River in Virginia, saying the Corps' review and approval of the project was by the book.

  • May 24, 2018

    Judge Confirms Cardno's $15M Award Over Deal Gone Bad

    A Florida federal judge on Wednesday confirmed a nearly $15 million arbitral award for Australia's Cardno International Pty Ltd. in a dispute over its soured acquisition of an Ecuadorian engineering firm, saying the owners of the target company didn't offer a valid reason for refusing to enforce the award.

  • May 24, 2018

    Chevron Escapes $9.5B Ecuadorean Award Bid In Canada

    Ontario's top court on Wednesday upheld a lower court ruling that Ecuadorean citizens can't enforce an Ecuadorean court’s $9.5 billion oil pollution judgment against Chevron Corp. through its Canadian subsidiary, saying it's a separate corporate entity whose assets can't be seized to satisfy a judgment against the parent company.

  • May 24, 2018

    India Wants $3.8B From Reliance, Shell Unit In Royalty Row

    India has demanded that a consortium that includes energy giant Reliance Industries Ltd. and a Royal Dutch Shell PLC subsidiary pay $3.8 billion in oil and gas royalties allegedly owed under an arbitral award that was remanded last month by an English court, Reliance said on Thursday.

  • May 24, 2018

    Enviros Challenge Feds' About-Face On Migratory Bird Kills

    Environmental groups launched challenges in New York federal court on Thursday to the federal government’s recent decision not to criminally prosecute individuals and companies for accidentally killing or injuring migratory birds, a move that departs from decades of precedent.

Expert Analysis

  • When Defendants Invoke ‘Necessity’ In Pipeline Sabotage

    Robert Hogfoss

    In recent years, a number of anti-pipeline protests involving trespass and vandalism have been prosecuted as criminal acts. Some defendants have raised a “necessity defense” for their actions, and two courts have now allowed that defense to proceed. But these actions themselves present significant risks to human life and health and the environment, say attorneys with Troutman Sanders LLP.

  • 3 Ways FERC Could Increase Pipeline Review Transparency

    Barbara Jost

    The Federal Energy Regulatory Commission recently solicited public comments on whether to revise its policies governing approval of new natural gas pipelines. This may not ultimately result in significant revisions to pipeline approval procedures. But a few simple changes could enhance public confidence in pipeline siting, says Barbara Jost of Davis Wright Tremaine LLP.

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Policy Language Can Curtail Long-Tail Insurance Claims

    Paul Ferland

    The New York Court of Appeals' recent decision in Keyspan v. Munich shows that the most effective tool an insurer has in cases involving long-tail claims is its specific policy language limiting coverage to losses that occur during the policy period, says Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.

  • Opinion

    How To Fix The Problem Of Foreign Patent Damages

    Jay Lapeyre

    At the U.S. Supreme Court oral arguments in WesternGeco v. Ion, some were analogizing patent holders to parties whose natural rights are injured by tortious conduct. This is not a good approach to patent law. In cases like this one, the patentee can be fully and fairly compensated by a reasonable royalty, says Jay Lapeyre, president of Laitram LLC and chairman of Ion's board of directors.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.