Energy

  • May 13, 2021

    Donziger Might Have Avoided Charges By Appeals, Atty Says

    A Gibson Dunn equity partner told a Manhattan federal judge Thursday in Steven Donziger's contempt trial that the Chevron foe partly brought the charges on himself by failing to appeal key court orders.

  • May 13, 2021

    Trade Court Blesses Duties On Indian Flanges

    The U.S. Court of International Trade backed anti-dumping duties on Indian steel flanges on Thursday, saying that the U.S. Department of Commerce sufficiently explained on remand why it treated a disputed sale as foreign, which paved the way for lower tariffs.

  • May 13, 2021

    Jones Day Adds 2 New Partners To Global Disputes Practice

    Jones Day has added two seasoned lawyers to its global disputes practice, with one attorney joining the firm as a partner in its Frankfurt, Germany, office and the other as a partner based in the firm's office in Perth, Australia.

  • May 13, 2021

    Energy Co. Looks To Revive $287M Dominican Republic Claim

    A subsidiary of Spanish renewable energy company Grupo Solesfero is looking to revive its claim for some $287 million in lost profits after a deal to develop a wind farm in the Dominican Republic fell through, telling a Florida judge that an international tribunal's "catchall denial" of the claim is insufficient.

  • May 13, 2021

    Gensler Says Climate Disclosure Rules Among 'Top Priorities'

    New U.S. Securities and Exchange Commission Chairman Gary Gensler said Thursday that rulemaking around climate risk and human capital disclosures will be "an early focus" of his tenure in light of investors' interest in the areas.

  • May 13, 2021

    Senate Panel Splits On Contentious DOJ Civil Rights Nominee

    The Senate Judiciary Committee split evenly Thursday in advancing President Joe Biden's pick to lead the U.S. Department of Justice's Civil Rights Division after Sen. Ted Cruz attacked her purported views, such as comparing police to the KKK.

  • May 13, 2021

    Judge Orders Feds, Young Climate Activists To Mediation

    An Oregon federal judge on Thursday ordered the U.S. Department of Justice to try to reach a settlement agreement with young climate activists suing the U.S. government over its energy policies.

  • May 13, 2021

    FTC Probing $7.2B Natural Gas Merger

    The Federal Trade Commission has asked for additional information about Energy Transfer LP's planned acquisition of fellow U.S. natural gas company Enable Midstream Partners LP, prolonging the merger review for a deal valued at $7.2 billion.

  • May 13, 2021

    Biden Admin. Kills 'Unnecessary' Trump Cost-Benefit Rule

    The Biden administration on Thursday took steps to kill a Trump-era Clean Air Act requirement that every new rulemaking clearly explain the underlying cost-benefit analysis, which U.S. Environmental Protection Agency Administrator Michael Regan called unnecessary and misguided.

  • May 13, 2021

    Biden Says Gov't To Disrupt Pipeline Ransomware Hackers

    President Joe Biden pledged Thursday to take action to disrupt the operations of a criminal hacking syndicate that has hit Colonial Pipeline Co. with ransomware, and which U.S. intelligence agencies believe is based in Russia but not backed by the Russian government.

  • May 13, 2021

    Shell Wins Backing From Australian Court In Tax Dispute

    An Australian court largely sided with Shell's local subsidiary in a dispute with the country's tax authority, finding the company used its stake in a natural gas project to explore for petroleum — a condition required for tax deductions.

  • May 13, 2021

    1st Circ. OKs $1B Maine Power Line Over Greens' Objection

    The First Circuit on Thursday lifted its injunction halting construction on Central Maine Power's proposed electric transmission line to deliver hydropower from Quebec to Massachusetts, rejecting claims by environmental groups that the Army Corps of Engineers cut corners on its analysis of the 145-mile project.

  • May 13, 2021

    UAW Seeks To Revive Challenge To SPX Corp. Benefits Pivot

    The United Auto Workers urged the Fourth Circuit to revive a suit seeking to block HVAC supplier SPX Corp. from switching retirees' group health insurance to health reimbursement arrangements, saying the district court took too narrow a view of the union's power to sue on retirees' behalf.

  • May 13, 2021

    Black Auto Worker Wins 2nd Chance To Sue BP Unit For Bias

    A California appeals court has reinstated a Black Jiffy Lube employee's discrimination claims against a BP unit over purportedly racist remarks that were directed at him during a presentation on a new oil product.

  • May 13, 2021

    Petroleum Group Says Highly Paid Rig Worker Is OT Exempt

    The Independent Petroleum Association of America urged the Fifth Circuit to rule that a highly paid rig worker is not entitled to overtime, arguing that the industry's economic vitality hinges on day rate workers remaining exempt.

  • May 13, 2021

    EPA Watchdog Says Enforcement Decline Increases Risks

    The decline in U.S. Environmental Protection Agency enforcement actions may expose the public and the environment to unchecked and harmful pollution, the EPA's internal watchdog said in a report Thursday.

  • May 13, 2021

    St. Croix Refinery Stops Operations After Latest Accident

    An oil refinery in St. Croix has temporarily shut down following at least four environmental accidents since it reopened earlier this year, including a new flaring incident this week that spewed oil droplets into the air, the EPA announced Thursday.

  • May 13, 2021

    EnLink Drops Bid To Block Payment For Undelivered Gas

    A unit of Dallas-based energy company EnLink Midstream Partners LP has dropped its state court suit accusing Tenaska Inc. of wrongfully pursuing payment for gas that was never delivered during February's deadly and destructive winter storm.

  • May 13, 2021

    DC Circ. Won't Stay Dakota Access Pipeline Permit Ruling

    The D.C. Circuit on Thursday refused to put on hold its ruling backing a lower court decision to wipe out an Army Corps of Engineers easement for the controversial Dakota Access pipeline as the pipeline's owners plan a U.S. Supreme Court appeal.

  • May 13, 2021

    Feds Say Court Can't Rescue Southern Coal From $3.2M Fine

    The federal government, Alabama, and Tennessee slammed Southern Coal Corp.'s attempt to avoid a $3.2 million penalty for failing to keep water quality permits up to date, arguing the company knew the consequences of not honoring commitments made in a prior deal.

  • May 13, 2021

    Senior Trump DOJ Enviro Litigator Lands At Winston & Strawn

    Winston & Strawn LLP said Thursday it has snagged a former acting assistant attorney general who took the lead on some of the Trump administration's highest profile environmental regulatory matters to join its Washington, D.C., office.

  • May 13, 2021

    UAE Bank Unit Sues Coal Trader Over $20M Finance Fraud

    A subsidiary of Dubai's Rasmala Investment Bank has sued a major commodities trader in London for fraud, accusing the Singapore-based company of deceiving it into providing $20 million to pay off debts.

  • May 12, 2021

    Gibson Dunn Partner Questioned On 7-Figure Donziger Bills

    A Gibson Dunn partner with a lead role in pursuing financial information from Chevron foe Steven Donziger acknowledged during cross-examination Wednesday that the oil giant was willing to spend millions to pursue an $800,000 judgment and other relief against him.

  • May 12, 2021

    Pascua Yaqui Leads Tribes Seeking Trump-Era CWA Reversal

    The Pascua Yaqui Tribe and five other Native American tribes have urged an Arizona federal judge to vacate a Trump-era definition of the Clean Water Act without trial, saying that protecting fewer bodies of water runs contrary to the law's original intent.

  • May 12, 2021

    Antero Can't Skip Trial In W.Va. Royalty Owners' Payment Suit

    A West Virginia federal judge on Wednesday denied Antero Resources Corp.'s bid to escape oil and gas royalty owners' consolidated suit accusing the company of taking improper deductions from their payments, clearing the way for a trial next month.

Expert Analysis

  • What UK's New Merger Controls Mean For Private Equity

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    Expansive notification and approval requirements under the U.K.’s new merger control regime — the National Security and Investment Act — along with a lack of clarity about when they go into effect, pose unique challenges for private equity sponsors, as well as their investors and portfolio companies, say attorneys at Kirkland.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Current Pipelines And Regs Can Support Shift To Hydrogen

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    The repurposing of America's fossil fuel infrastructure for renewable hydrogen has begun, and existing pipelines, regulations and statutes can provide the regulatory certainty needed to support investment in hydrogen power systems, say William Bolgiano and Matthew Field at Venable.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • FERC Settlement Highlights Transparency For Power Cos.

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    The Federal Energy Regulatory Commission's recent settlement with Alliance NYGT underscores how important it is for electric power companies to ensure that they communicate accurate and timely information to independent system operators and regional transmission organizations with whom they have contracts, say Paul Pantano Jr. and Thomas Millar at Willkie.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Biden Infrastructure Plan Will Be Challenging To Implement

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    President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Biden Admin.'s Climate Strategy Should Include Insurance Innovations

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    To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.

  • What NYC Climate Case Dismissal Means For Baltimore Suit

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    The Second Circuit's recent thumbs-down to New York City's climate change lawsuit puts even more pressure on the U.S. Supreme Court to address federal preemption in climate litigation when it decides BP v. Baltimore this year, says Scott Press at Goldberg Segalla.

  • Reclassifying Methane And Ethane Could Overload EPA

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    If the U.S. Environmental Protection Agency grants a recent petition from environmental groups asking it to label methane and ethane as volatile organic compounds, it could unleash regulation of those substances under all available Clean Air Act programs — but existing regulatory systems are simply not equipped to bear that load, says Eric Groten at V&E.

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