Energy

  • February 21, 2020

    PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

  • February 21, 2020

    Trump Can’t Reverse Ocean Drilling Ban, Profs Tell 9th Circ.

    The Trump administration can’t undo former President Barack Obama's block on oil and gas drilling in large areas of the Arctic and Atlantic oceans because Congress didn’t explicitly provide the president with the power to revoke these protections, environmental law professors have told the Ninth Circuit.

  • February 21, 2020

    Russia Can't Escape Ukraine Claims Over Crimea Annexation

    An international tribunal on Friday rejected many of Russia's jurisdictional objections to Ukraine's allegations that Moscow has stolen its energy and fisheries resources in the waters surrounding Crimea following the larger nation's 2014 annexation of the disputed peninsula.

  • February 21, 2020

    Enviros Ask NC To Nix $7B Pipeline Before High Court Review

    Scores of environmental and justice groups have urged North Carolina Gov. Roy Cooper to stop the $7 billion Atlantic Coast Pipeline, saying just days before the U.S. Supreme Court hears a related case that the project threatens low-income groups as well as the climate.

  • February 21, 2020

    NY Gov.'s Bill Aims To Jumpstart Green Energy Project Siting

    New York Gov. Andrew Cuomo on Friday unveiled sweeping legislation aimed at accelerating the siting and development of renewable energy projects in order to meet the Empire State's ambitious climate change and decarbonization goals.

  • February 21, 2020

    White House Faces 2 New Suits Over Steel Tariffs

    Two companies on Thursday alleged that the government hadn't properly warned them about expanded steel and aluminum tariffs, marking at least five lawsuits in three weeks by importers incensed over the Trump administration's rollout of the increases in the name of national security.

  • February 21, 2020

    Tesoro Refining Can't Beat Calif. Wage Class Action

    A California federal judge denied Tesoro Refining & Marketing Co. LLC’s bid Friday to escape a proposed class action alleging it underpaid workers, rejecting arguments the suit is preempted because it hinges on union contracts.

  • February 21, 2020

    Hopelessly Insolvent Bayou Steel Converted To Ch. 7 In Del.

    Remnants of bankrupt scrap steel recycler Bayou Steel BD Holdings LLC slid into Chapter 7 Friday after major asset sales fell millions short of amounts needed to pay off secured creditors, legal fees and expenses to close out the case in Chapter 11.

  • February 21, 2020

    Senate Dems Protest Trump's Drilling 'Giveaway' For Alaska

    Seven Democratic senators have lodged a protest over the Trump administration's approach to oil and gas drilling in the Alaskan Arctic's National Petroleum Reserve, denouncing "a large-scale giveaway of America's public lands" that discards a 2013 compromise.

  • February 21, 2020

    DC Circ. Nixes Racketeering Suit In $506M Award Fight

    Kazakhstan was unable Friday to convince the D.C. Circuit to revive its lawsuit accusing a pair of Moldovan energy investors of violating U.S. racketeering law by fraudulently obtaining and trying to enforce a half-billion-dollar award against the country.

  • February 21, 2020

    Buyers Sell Texas Justices On Broad Reading Of Royalty Sale

    The Texas Supreme Court ruled Friday a group of relatives sold off the entirety of their oil and gas interests on a tract of land, reversing a lower court ruling that the family had sold only an interest in a smaller segment of the property.

  • February 21, 2020

    Mongolia Hit With Arbitration Over Copper Mine Taxes

    Mongolia has been hit with international arbitration over a $155 million tax bill imposed on a company developing a mine that holds one of the world's largest undeveloped copper reserves, international mining group Rio Tinto said Friday.

  • February 21, 2020

    Navajo Nation, NM County To Develop Railroad Project

    The Navajo Nation has signed a deal with a New Mexico county to collaborate on plans for a railroad, as the tribe looks to create new business opportunities to counter the loss of power plants around its lands, according to a Navajo statement.

  • February 21, 2020

    Texas Communities Challenge FERC Approval Of LNG Project

    Community and environmental groups are challenging the Federal Energy Regulatory Commission's approval of a liquefied natural gas project on the Texas Gulf Coast, claiming the agency ignored the project's pollution impacts on nearby and largely low-income Latino communities.

  • February 21, 2020

    Industry, Enviro Groups Blast EPA's 2019 Biofuel Mandates

    Biofuel, fossil fuel and environmental groups have attacked the U.S. Environmental Protection Agency's defense of its 2019 renewable fuel standard from different angles, telling the D.C. Circuit on Thursday it will harm industry and wildlife.

  • February 20, 2020

    ​​​​​​​Morgan Lewis, SoCalGas Sanctioned $525K In Gas Leak Case

    A California judge overseeing thousands of suits over the 2015 Aliso Canyon gas leak on Thursday ordered Morgan Lewis & Bockius LLP, Sempra Energy and Southern California Gas to pay $525,000 in sanctions, finding that the law firm and its clients violated court orders and repeatedly withheld discovery information.

  • February 20, 2020

    Secrets Theft Dulled Competitive Edge, Energy Trader Testifies

    Saracen LLC suffered unknowable financial damage and lost a major advantage after a former software developer allegedly sold a rip-off of its proprietary data analysis program to competitors, a supervisor at the company told a Houston federal jury Thursday in a $2.6 million trade secrets trial.

  • February 20, 2020

    Attys For INTL FCStone Units Nab $65K In Fees In Award Fight

    Subsidiaries of financial services company INTL FCStone Inc. were awarded more than $65,000 in attorney fees for securing confirmation of $5 million in arbitration awards against a fuel distributor, after a New York federal judge ruled Wednesday that the amount was reasonable.

  • February 20, 2020

    Atty Accused Of Shaking Butt At Adversary Replaced

    Chevron Phillips Chemical Co. asked a Texas federal court on Thursday to put allegations of inappropriate butt-shaking by a BakerHostetler partner during a mediation in the "rearview mirror," saying it replaced its legal team to avoid bogging down the employment discrimination case.

  • February 20, 2020

    FERC Sows Confusion With Oregon LNG Project Non-Vote

    The Federal Energy Regulatory Commission on Thursday opted not to vote on a $10 billion liquefied natural gas project in Oregon, but did so in a disjointed fashion that raised more questions than it answered.

  • February 20, 2020

    Nigeria Says $1B Award Over Oilfield Can't Be Enforced In NY

    Nigeria's state-owned oil company is calling for the dismissal of litigation to enforce a nixed $1.1 billion arbitral award stemming from an offshore oilfield dispute, arguing the suit improperly invites a New York federal court to sit as a "de facto" appeals court for Nigeria's judiciary.

  • February 20, 2020

    Bankrupt Oil Biz Furie Gets Nod For Planned Ch. 11 Sale

    A Delaware bankruptcy judge on Thursday gave oil and gas producer Furie Operating Alaska LLC her nod to move forward with a planned Chapter 11 sale of its ownership interests through a foreclosure transaction, as another potential buyer still negotiates with the debtors.

  • February 20, 2020

    Wildfire Victims Blast FEMA And Calif. Claims Against PG&E

    Victims of the wildfires that scorched California in 2017 and 2018 are calling billions in bankruptcy claims filed against Pacific Gas and Electric Co. by federal and state emergency agencies for reimbursement for disaster spending unprecedented and unsupported by the law.

  • February 20, 2020

    Noble Drilling Can't Slip Injured Worker's $250K Jury Award

    Noble Drilling lost a bid to torpedo a $250,000 jury verdict for a worker who said he injured his foot aboard a Noble offshore drilling vessel, when a Texas appellate panel on Thursday deferred to jurors who heard conflicting evidence and sided with the worker.

  • February 20, 2020

    White & Case Adds Ex-Vinson M&A Pair In Houston

    White & Case LLP has landed a pair of Vinson & Elkins LLP attorneys experienced in representing domestic and international companies in mergers and acquisitions to join its global mergers and acquisitions practice in Houston.

Expert Analysis

  • Climate Ruling May Help Future Plaintiffs Establish Causation

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    The Ninth Circuit's recent decision in Juliana v. United States blocked private litigants from using the courts to force climate change action by the federal government, but it may have laid a trail of breadcrumbs for future climate plaintiffs to establish injury in fact and causation, say attorneys at WilmerHale.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • How Enviros Will Challenge Trump's NEPA Update

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    The Trump administration's recently proposed updates to National Environmental Policy Act regulations — which forgo analysis of climate change impacts — are certain to draw litigation attacking the changes as arbitrary, capricious and an abuse of regulatory discretion, say Marcella Burke and Cason Hewgley of King & Spalding.

  • A Good Year Ahead For Energy Infrastructure M&A

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    Recent policy developments and investment trends in China, Europe and the United States offer a number of compelling reasons to expect that energy infrastructure M&A deals will be strong in 2020, say attorneys at Hogan Lovells.

  • How Montana Fossil Ruling Could Affect Oil And Gas Cos.

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    The Montana Supreme Court's forthcoming decision in Murray v. BEJ Minerals will determine whether dinosaur fossils found on a ranch should be legally considered minerals, but could also affect oil and gas producers because of its potential relevance to sand, fracking wastewater and other substances, says A.J. Ferate of Spencer Fane.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Bat Species Status Ruling Leaves Cos. Hanging

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    A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • EPA Renewable Fuel Shift May Increase Cost Of Compliance

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    The U.S. Environmental Protection Agency’s new 2020 rules for renewable identification numbers — which function as receipts attached to batches of renewable fuels — are inconsistent with the agency’s earlier policy and may make compliance more expensive, say Deanna Reitman and Jeffrey Bourdon of DLA Piper.

  • Ruling On FERC’s Tolling Orders Could Slow Pipelines

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    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

  • FERC Issues For Natural Gas Cos. To Watch In 2020

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    The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Metal Importers Beware Of New Expanded Tariff Risks

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    Importers should reexamine their supply chains in response to a controversial presidential proclamation that went into effect Saturday that significantly intensifies the tariff policy by expanding the scope of duties on aluminum and steel, say attorneys at Akin Gump.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

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