Energy

  • December 15, 2017

    Entergy Doesn’t Owe ‘Bandwidth Payments,’ D.C. Circ. Told

    The Arkansas Public Service Commission urged a D.C. Circuit panel in oral arguments Friday to upend a Federal Energy Regulatory Commission decision holding an Entergy unit to millions of dollars in “bandwidth payments.”

  • December 15, 2017

    Texas Justices Keep Noble On The Hook For $63M Indemnity

    The Texas Supreme Court on Friday declined to revisit its decision that Noble Energy Inc. has to indemnify ConocoPhillips in connection with $63 million in environmental cleanup costs despite arguments that Noble’s predecessor wasn’t properly told about the indemnity agreement.

  • December 15, 2017

    Teco Says Guatemala Can't Escape Paying $21M Award

    A subsidiary of U.S.-based Teco Energy Inc. told a D.C. federal court Friday that Guatemala's bid to toss its suit to confirm a partially annulled $21 million award, plus interest, following a dispute with the country over electricity tariffs is just an attempt to delay the inevitable.

  • December 15, 2017

    Deals Rumor Mill: Platinum Equity, Toshiba, Aston Martin

    Platinum Equity could pay nearly $4 billion for Husky Injection Molding Systems, Chinese regulators are investigating the multibillion-dollar sale of Toshiba Memory Corp. and British sports car maker Aston Martin is gearing up either for a public listing or a sale.

  • December 15, 2017

    Toss Of Duke Energy Investor Suit Upheld By Del. Justices

    The Delaware Supreme Court affirmed the dismissal of an investor breach of duty suit against the directors of Duke Energy on Friday, saying in a 4-1 split opinion that the Court of Chancery was correct in tossing the suit because the plaintiffs hadn't shown that a litigation demand on the board was futile.

  • December 15, 2017

    The Biggest Environmental Rulings Of 2017

    Courts answered several important environmental law questions in 2017, including how the U.S. Environmental Protection Agency may regulate recycling and hydrofluorocarbons, and how the effects of greenhouse gases must be factored into project analyses. Here are the biggest rulings in environmental cases from 2017.

  • December 15, 2017

    EPA Stalling On Good Neighbor Enforcement, Delaware Says

    Delaware on Thursday said that the U.S. Environmental Protection Agency's bid to nix a suit claiming it failed to act on petitions seeking to force it to curb pollution seeping across Delaware's border from power plants in neighboring states is merely another unlawful delay tactic.

  • December 15, 2017

    Final GOP Tax Bill Settles On 21% Corporate Rate

    Republicans unveiled the final version of their tax cut bill on Friday that would impose a 21 percent flat rate on corporations, set the maximum individual tax rate at 37 percent and largely adopt the Senate’s proposal for pass-through businesses.

  • December 15, 2017

    CNX To Pay $305M For 50% Stake In Marcellus Shale Player

    Pittsburgh-based CNX Resources Corp., which until recently was the gas division of Consol Energy Inc., will pay $305 million in cash to acquire Noble Energy's 50 percent stake in Marcellus Shale player Cone Gathering LLC, the companies announced Friday.

  • December 15, 2017

    MVP: Davis Polk's Damian Schaible

    Davis Polk & Wardwell LLP partner Damian Schaible's work guiding creditor groups through a wide range of energy company bankruptcies, including the cases of coal giant Peabody Energy Corp. and oil field service firms C&J Energy Services and Key Energy Services, has earned him a spot on Law360's 2017 list of Energy MVPs.

  • December 15, 2017

    Oil And Gas Co. ATX Receives $780M Equity Commitment

    Newly formed, Texas-based oil and gas company ATX Energy Partners has received a $780 million line of equity financing from private equity firms Warburg Pincus LLC, Yorktown Partners LLC and Pine Brook Partners, the company said Friday.

  • December 15, 2017

    The Biggest Pennsylvania Court Decisions In 2017

    The Pennsylvania judiciary logged another busy year in 2017 as members of both the appellate and trial benches handled major cases, including a wholesale reshaping of environmental law in the state and a string of eye-popping verdicts in pharmaceutical product liability cases.

  • December 15, 2017

    House-Senate Negotiators Approve GOP Tax Bill

    Republicans on Friday signed off on changes to their $1.5 trillion tax cut bill to settle differences between the House and Senate versions of the legislation, even as details of the final bill remain largely hidden.

  • December 14, 2017

    Ex-Cuomo Aide Pleads Not Guilty In Bribery Case

    A former aide of New York Gov. Andrew Cuomo and three others pled not guilty on Wednesday to an expanded indictment tied to alleged bribes for higher education and energy projects, ahead of a trial set for January.

  • December 14, 2017

    Cobalt Hits Ch. 11, Seeks To Stall Securities Litigation

    Mired in $2.8 billion of funded debt and reeling from depressed oil and gas prices and ongoing shareholder litigation, exploration and production company Cobalt International Energy Inc. filed for Chapter 11 bankruptcy in Texas on Thursday with the expressed hope of driving a value-maximizing sale of its assets.

  • December 14, 2017

    Trump's 2018 Deregulatory Push Targets CPP, Fracking Rule

    Final coffin nails for the U.S. Environmental Protection Agency's Clean Power Plan and the Bureau of Land Management's hydraulic fracturing rule are just two of the energy-related deregulatory actions the Trump administration is planning to take in 2018, the White House said on Thursday.

  • December 14, 2017

    Deals Rumor Mill: Snyder's-Lance, EssilorLuxottica, YPF

    Snack giant Snyder's-Lance is mulling a sale after having been approached by Campbell Soup about a potential takeover, a merger creating a $49 billion eyewear giant is expected to be approved by the European Commission, and Argentine energy giant YPF is selling stakes in its electricity generation business.

  • December 14, 2017

    Bankrupt Coal Co. Asks To Pay Bonuses To Retain Workers

    Bankrupt coal producer Armstrong Energy Inc. on Wednesday asked a Missouri bankruptcy court for permission to hand out a $500-per-worker bonus to keep its mines operating in the face of impending layoff notices.

  • December 14, 2017

    Senate Confirms Trump's EPA GC, Water Chief Picks

    The U.S. Senate on Thursday confirmed Matthew Leopold of Carlton Fields as the U.S. Environmental Protection Agency's general counsel, and Wisconsin Assistant Attorney General David Ross as the EPA's water office chief.

  • December 14, 2017

    Trump's EPA Chemical Safety Office Pick Drops Out

    President Donald Trump's controversial pick to lead the U.S. Environmental Protection Agency's chemical safety office has reportedly given up on seeking the post, just weeks after two Republican senators said they couldn't support his nomination and a third expressed doubts as well.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • New Wine In Old Bottles: RCRA's Anti-Duplication Clause

    Anthony Cavender

    Last month, the Ninth Circuit became the latest federal appellate court to consider the implications of the anti-duplication provision of the Resource Conservation and Recovery Act. This is an important decision because it further clarifies the limiting scope of this provision, which is unique to RCRA, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • Series

    40 Years Of FCPA: An Update From The DOJ

    Daniel Kahn

    U.S. Department of Justice prosecutors and law enforcement partners have secured more foreign bribery-related trial convictions and guilty pleas this year than in any other year in the history of the Foreign Corrupt Practices Act, in fact by almost twice as much. These are all significant cases with significant impacts, says Daniel Kahn, chief of the DOJ's FCPA Unit.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Litigation Trend Links Climate Change And Human Rights

    Viren Mascarenhas

    One key takeaway from the Bonn Climate Talks — which recently brought together negotiators from close to 200 countries to discuss implementation of the Paris agreement — is that energy companies must seriously consider potential lawsuits linking their business operations with human rights violations and climate change, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • The Science And Controversy Of Offshore Wind

    Brook Detterman

    As the U.S. Bureau of Ocean Energy Management embarks on several studies to better understand offshore resources and species, fishing interests have sued BOEM to challenge not only an offshore wind lease, but the process used to award leases and conduct environmental analysis. The future of offshore wind in the United States may be at stake, says Brook Detterman of Beveridge & Diamond PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • 4th Circ. Deals Blow To Securities Fraud Plaintiffs

    Colby Smith

    By cabining material misrepresentation and scienter within their respective domains, the Fourth Circuit in Maguire Financial v. PowerSecure highlighted the onerous bar securities fraud plaintiffs must meet for their claims to survive dismissal, say attorneys with Debevoise & Plimpton LLP.