The rule finalized Thursday by the Federal Energy Regulatory Commission that makes a place for energy storage in the nation's wholesale electricity markets will shake up the power sector, from boosting renewable energy deployment to spelling doom for certain fossil fuel plants. Here are key takeaways from FERC's energy storage actions and key things to watch for as they're implemented.
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Monday, February 19, 2018 Follow Energy Law360



FERC Energy Storage Rule Is A Grid Game-Changer

The rule finalized Thursday by the Federal Energy Regulatory Commission that makes a place for energy storage in the nation's wholesale electricity markets will shake up the power sector, from boosting renewable energy deployment to spelling doom for certain fossil fuel plants. Here are key takeaways from FERC's energy storage actions and key things to watch for as they're implemented. Read more »

DC Circ. Partially Vacates 2008 EPA Ozone Rule

The D.C. Circuit on Friday partially vacated the U.S. Environmental Protection Agency’s 2008 ozone standards implementation rule, finding the agency improperly relaxed compliance measures that are mandatory under the Clean Air Act. Read more »

Texas Justices Won't Hear From Oil Exec DQ'd As Counsel

The Texas Supreme Court declined Friday to intervene in a dispute in which a lawyer argued he was wrongly disqualified from acting as counsel in litigation against two oil and gas companies that he runs, which are facing a shareholder derivative lawsuit from his son, a former executive at both companies. Read more »

Don't Let PennEast Pipeline Proceed, NJ Tells FERC

New Jersey’s environmental watchdog and a state park board on Friday asked the Federal Energy Regulatory Commission to reverse its decision to issue a conditional certificate for the $1 billion PennEast gas pipeline, saying FERC relied on “woefully insufficient data.” Read more »


Can Courts Handle The Increased FOIA Strain Under Trump?

U.S. District Judge Reggie B. Walton found himself in a difficult position last month, caught between the obligation for a speedy government response to a Freedom of Information Act request and the strain federal agencies and courts are under as FOIA litigation surges under the Trump administration. Read more »


Court Asked To Toss Suit Over $1.4B LNG Plant Tax Break

The Louisiana Board of Commerce and Industry and the state Department of Economic Development asked a federal judge Friday to dismiss a putative class action lawsuit seeking to reverse a $1.4 billion tax break for a $6 billion liquefied natural gas plant built by Sabine Pass Liquefaction LLC, saying the proposed class is flawed. Read more »


Exxon Denies It Caused Mont. Oil Well Worker's Death

Exxon Mobil Corp. on Thursday said a suit filed by a former contract worker’s estate didn’t properly support allegations that negligence by the company contributed to the man’s death from inhaling poisonous gas while he worked on one of the energy giant’s oil and gas wells. Read more »

Weil's Role Part Of Probe Of Breitburn Conflict Claims

A New York bankruptcy judge Friday said he would hold a hearing to address a Breitburn Energy Partners LP bondholder’s claim of conflicts of interest between a prospective stalking horse bidder, a Breitburn lienholder and Breitburn bankruptcy counsel Weil Gotshal & Manges LLP. Read more »

Texas Justices Pass On Code Developer's 'Contractor' Row

The Texas Supreme Court on Friday declined to consider a software developer’s suit in which he claimed that a trial court incorrectly ruled he was an employee and not an independent contractor of the drilling technology company that demanded he hand over a computer application he wrote. Read more »

Texas Oil Co. Can't Duck $14M Award, Transocean Unit Says

A Nigerian offshore drilling unit of Transocean told a Texas federal judge that an oil exploration company can't slip its bid to confirm a $14 million arbitration award issued over unpaid work, arguing that there are no loopholes in the binding arbitration to which the parties agreed.  Read more »

Taxation With Representation: Kirkland, Davis, Skadden, Weil

In this week's Taxation With Representation, Wyndham sold its European vacation rental business to Platinum Equity for $1.3 billion, LyondellBasell bought A. Schulman for $2.25 billion, Hoffman-La Roche proposed buying Flatiron Health for $1.9 billion, and Charles River Laboratories acquired MPI Research for $800 million. Read more »

Couche-Tard Wins FTC OK For Holiday Buy With Store Sales

The Federal Trade Commission has approved a deal that will see Canadian gas station and convenience store operator Alimentation Couche-Tard Inc. sell 10 locations in Minnesota and Wisconsin to assuage antitrust concerns over the company’s acquisition of Midwestern competitor Holiday Stationstores Inc. and affiliates, the agency said Friday. Read more »

Feds Further Push For Bears Ears Challenge Move To Utah

The United States on Thursday further pushed a D.C. federal judge to transfer to Utah federal court combined challenges to President Donald Trump’s decision to slash the size of Bears Ears National Monument, the same day the cases were consolidated. Read more »


EFH Raises Questions Over Reserve Fund Interest Payments

Bankrupt energy provider Energy Future Holdings Corp. made a hastily scheduled appearance Friday in Delaware court to ask for guidance on issues related to a $275 million fund reserve being created to cover a potential claim from a jilted sale partner. Read more »


Japan Seeking WTO Relief From US Solar Safeguard Tariffs

The Japanese government joined the throng of nations pushing back against recently enacted U.S. safeguard tariffs on solar panel components at the World Trade Organization Friday, asking to sit down with the Trump administration to discuss earning relief from the sweeping restrictions. Read more »

No Money, No Merchandise, Solar Panel Co. Tells Court

A solar panel manufacturer urged a California federal court Thursday to stop a customer from acquiring some $1.6 million worth of modules, arguing that the company created a supply contract row in the first place by disrupting its cash flow. Read more »


FirstEnergy To Deactivate Coal Plant After FERC Rejection

FirstEnergy unveiled a plan Friday for its merchant power unit to shutter a West Virginia coal-fired power plant, a move that came not long after the Federal Energy Regulatory Commission shot down the plant's proposed sale to a FirstEnergy utility. Read more »


Winston & Strawn Nabs Morgan Lewis Energy Duo In Houston

Winston & Strawn LLP has hired two Morgan Lewis & Bockius LLP litigators who specialize in oil and gas disputes as the firm continues to beef up its energy team in Houston, Winston & Strawn said Thursday. Read more »

Kirkland Nabs Debt Finance Attys From Norton Rose, Simpson

Kirkland & Ellis LLP has fortified its debt finance practice with the hiring of two attorneys in Washington, D.C. — from Norton Rose Fulbright and Simpson Thacher & Bartlett LLP — who bring notable energy and project finance transactions experience, the firm announced Thursday. Read more »


3 Mass. Proposals Signal A New Wave Of Offshore Wind

Three companies recently submitted bids in response to the request for proposal issued by Massachusetts electric distribution companies, in coordination with the Massachusetts Department of Energy Resources, for offshore wind energy generation projects off the coast of Massachusetts. The stage is set for 2018 to be a breakthrough year in U.S. offshore wind development, say attorneys with Latham & Watkins LLP. Read more »

How Emerging Sources Of ESI Will Impact Discovery

Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP. Read more »



5 Ways Law Firms Can Avoid Lateral Hiring Regret

Despite valuing lateral hiring as an integral element of their strategies, many law firms are failing to properly screen potential hires and, as a result, are often disappointed when promises made during the interview don't pan out. Here, Law360 looks at five ways firms can avoid lateral hiring remorse. Read more »


How To Turn Jurors Into Advocates For Your Case

It may seem like a nightmare scenario for a trial attorney: giving a closing argument and feeling the majority of the jury is going against you. But trial attorneys say that as long as you know there's one juror committed to your case who's been armed with your arguments, a verdict in your favor is no dream. Read more »

Ex-Allen & Overy Atty's Psych Exam Story Falls Flat

Two New York state appeals judges scoffed at a fired Allen & Overy LLP attorney seeking to lift sanctions and revive her sexual harassment suit against the firm at a hearing Friday, hammering the attorney for cutting short a court-ordered psychiatric examination by threatening to have the doctor arrested. Read more »

Convicted Dewey Exec's SEC Deal Hinges On Criminal Appeal

A settlement between the U.S. Securities and Exchange Commission and former Dewey & LeBoeuf LLP chief financial officer Joel Sanders, who was convicted of fraud, rests on the outcome of Sanders' criminal appeal, a Manhattan federal judge heard Friday. Read more »


Up Next At High Court: Double Jeopardy, Self-Incrimination

The U.S. Supreme Court will enter the underworld of burglars, spouse abusers and drug dealers in its first week back on the bench after a long winter recess, hearing a busy criminal docket presenting constitutional questions around double jeopardy and self-incrimination that are critical to the white collar bar. Read more »

GC Cheat Sheet: The Hottest Corporate News Of The Week

The general counsel for the parent company of Midas received a​ two-year stayed suspension for practicing out of state, U.S. Supreme Court Justice Ruth Bader Ginsburg expressed optimism that the burgeoning #MeToo movement will have a sustained impact,​ and PNC Bank’s general counsel shared with Law360 why he​​ moved in-house after spending much of his career at law firms. These are some of the stories in corporate legal news you may have missed in the past week.​ Read more »


Law360's Pro Say: What Does 'Partner' Even Mean?

On the latest episode of Law360's Pro Say podcast, we discuss how law firms are full of people with the title “partner,” but after years of change the title ain’t always what it used to be; a big ruling on the destruction of New York City graffiti space “5Pointz”; a new lawsuit claiming bar prep giant Barbri colluded with top law schools to crush competitors; and Taylor Swift’s efforts to shake off a lawsuit over song lyrics. Read more »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read more »

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A. Schulman Inc.

Activision Blizzard, Inc

Alimentation Couche-Tard Inc.

American Civil Liberties Union

Apple Inc.

Association of Corporate Counsel

Charles River Laboratories International, Inc.

Circle K Stores Inc.

Deepwater Wind

EIG Global Energy Partners

Electronic Frontier Foundation

Electronic Privacy Information Center

Elliott Management Corp.

Energy Future Holdings

Environmental Defense Fund Inc.

Eversource Energy

Extended Stay Inc.

Exxon Mobil Corporation


FirstEnergy Corp.

Google Inc.

Holiday Companies

IMF Bentham Ltd.

International Brotherhood of Teamsters

JPMorgan Chase & Co.

Kirkland's, Inc.

LinkedIn Corp.

London Court of International Arbitration

LyondellBasell Industries NV

Microsoft Corporation

Natural Resources Defense Council

NextEra Energy Inc.

Oncor Electric Delivery Co. LLC

PJM Interconnection LLC

Platinum Equity LLC

Pnc Financial Services Group,The

Schlumberger Limited

Sempra Energy

Sierra Club

Snap Inc.

TBC Corp.

Transocean Ltd.

Twitter Inc.

Valero Energy Corp.

Wyndham Worldwide Corporation

Wynn Resorts Ltd.

XTO Energy Inc.

Zeughauser Group LLC



Allen & Overy

Baker McKenzie

Bayard PA

Cleary Gottlieb

Covington & Burling

Cozen O'Connor

Crowell & Moring

DLA Piper

Davis Polk

Dewey & LeBoeuf


Eastern Environmental Law Center

Faegre Baker

Farella Braun

Fredericks Peebles

Gardere Wynne Sewell

Gibson Dunn

Greenberg Traurig

Hogan Lovells

Holland & Hart

Holland & Knight

Hunton & Williams

Jenner & Block

Jones Day

Jones Walker

Kirkland & Ellis

Landis Rath

Latham & Watkins

Levy Vinick

Locke Lord

Looper Goodwine

Morgan Lewis

Morvillo Abramowitz

Murphy & McGonigle

Native American Rights Fund

Norton Rose Fulbright

Ogletree Deakins

Orrick Herrington

Pendley Baudin

Phelps Dunbar

Pierce & Shows

Proskauer Rose

Quinn Emanuel

Reed Smith

Richards Layton

Ropes & Gray

Simpson Thacher


Sonosky Chambers

Stoel Rives

Waters Kraus

Weil Gotshal

White & Case

Williams & Connolly

Winston & Strawn


Bureau of Ocean Energy Management

Commodity Futures Trading Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Federal Trade Commission

Hopi Tribe

Internal Revenue Service

National Labor Relations Board

Navajo Nation

New Jersey Department of Environmental Protection

Securities and Exchange Commission

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. Environmental Protection Agency

U.S. Supreme Court

United States Bankruptcy Court for the District of Delaware

United States Bankruptcy Court for the Southern District of New York

World Trade Organization