Energy

  • January 17, 2020

    Chevron Owes $18B Arbitration Payout, Saudis Tell 9th Circ.

    Saudi families claiming to be the titleholders of oil lands leased to a Chevron Corp. predecessor have urged the Ninth Circuit to enforce a $17.9 billion arbitration award against the oil giant, saying the lower court wrongly concluded it lacked jurisdiction and relied on "incompetent and not credible evidence."

  • January 17, 2020

    Pulling Up Stakes: Sidley, Baker Botts, Hogan Lovells

    In our latest roundup of deal-makers on the move, Sidley Austin snagged a private equity pro from Linklaters for its Singapore office, Baker Botts bolstered its media and telecommunications practice and Hogan Lovells added a veteran capital markets practitioner in London.

  • January 17, 2020

    FTC Dings Hydrogen Peroxide Co.'s Canadian Divestiture Deal

    The Federal Trade Commission told a D.C. federal court Friday that an apparent divestiture agreement between Canada's competition enforcer and a hydrogen peroxide producer does not fix the problems raised by the United States' challenge of the company's $625 million merger.

  • January 17, 2020

    Pa. Law Excuses 3rd-Party Driller From Worker’s Death Suit

    A Pennsylvania drilling company can't be pulled into the wrongful-death lawsuit over a worker killed by a falling piece of equipment because the law of the state where he died gave immunity to employers and trumped the Texas law chosen in a contract between the driller and its equipment provider, a Pittsburgh federal judge ruled Thursday.

  • January 17, 2020

    DC Circ. Says Arch Coal Can't Duck Benefit Payments

    The D.C. Circuit said Friday that federal mining law requires Arch Coal Inc. to post the security for a benefits plan for retired coal miners and that security posted by the company's former subsidiaries isn't sufficient, affirming a district court ruling.

  • January 17, 2020

    Taxation With Representation: Skadden, Simpson, White

    In this week’s Taxation with Representation, Visa acquires fintech company Plaid for $5.3 billion, a Blackstone real estate trust makes a $4.6 billion play for two Vegas hotels, and Saudi Aramco’s IPO raises another $3.8 billion.

  • January 17, 2020

    Texas Justices Won't Review Frack Co.'s Atty Malpractice Suit

    The Texas Supreme Court on Friday denied a fracking equipment leasing company's bid for the justices to review whether the business waited too long to sue an attorney who allegedly drafted a deal that effectively allowed company items to be seized.

  • January 17, 2020

    Energy Co. To Ask 5th Circ. For Arbitration In Trade Secret Suit

    Newfield Exploration Co. will ask the Fifth Circuit to undo a ruling that it can't arbitrate a $40 million trade secrets dispute brought by an energy-industry waste management company.

  • January 17, 2020

    Energy Group Of The Year: V&E

    Vinson & Elkins LLP was “hitting on all cylinders” in 2019, guiding $72 billion in energy deals to fruition and scoring a victory for Marathon Petroleum in a $1 billion fight with the Internal Revenue Service, earning the firm a spot among Law360’s 2019 Energy Groups of the Year.

  • January 17, 2020

    Calif. Jumps Into Fight With Feds Over Fracking Impact

    California on Friday joined environmental groups in accusing the federal government of failing to properly assess the environmental and health impacts of hydraulic fracturing on more than 1 million acres of land in the Golden State now open for oil and gas development.

  • January 17, 2020

    US Chamber Wants To 'Neuter' Judges, Sens. Tell 1st Circ.

    Rhode Island and Massachusetts senators fired back against the U.S. Chamber of Commerce's arguments at the First Circuit that a climate change suit against Shell, ExxonMobil and other energy giants belongs in federal court, arguing that the chamber is self-interested and wants to "neuter the judicial branch" to benefit fossil fuel funders.

  • January 17, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 17, 2020

    No Standing For Kids In Climate Case, 9th Circ. Says

    The Ninth Circuit said Friday that although a group of children would have a strong enough case to go to trial on claims their future is endangered by the federal government's failure to act to curb climate change, courts simply don’t have the power to fix those policies.

  • January 16, 2020

    Exxon Says Mass. AG Timed Climate Suit With NY Trial

    ExxonMobil on Thursday suggested Massachusetts Attorney General Maura Healey timed the launch of her lawsuit accusing the oil giant of deceiving investors and consumers about business risks from climate change to coincide with a landmark climate fraud trial in New York. 

  • January 16, 2020

    3rd Circ. Won't Revive Ex-Plant Worker's FLSA Suit

    The Third Circuit on Thursday refused to revive a former Pennsylvania industrial plant employee's suit claiming he was wrongly fired for complaining about not getting overtime pay, backing a district court finding that the suit was a bid to end-run around an unfavorable decision in another case.

  • January 16, 2020

    2 States Accuse EPA Of Inaction Over Upwind Pollution

    New York and Connecticut told a federal court Thursday that the U.S. Environmental Protection Agency had ignored its obligation to impose ozone emissions reductions on certain states whose pollution makes it harder for areas that lie downwind to comply with the Clean Air Act.

  • January 16, 2020

    Spain Wants Suit Over €42M Renewable Energy Award Tossed

    Spain has asked a D.C. federal court to toss litigation filed by a Luxembourg renewable energy investor to enforce a €41.8 million ($46.56 million) arbitral award over revoked economic incentives, arguing that the award is invalid under European Union law.

  • January 16, 2020

    Wash. Top Court Limits Scope Of State GHG Emissions Cap

    Washington state's highest court on Thursday ruled in a split decision that the state can't cap greenhouse gas emissions from refiners and other oil and gas companies that sell products that produce GHGs, saying state law only allows regulation of entities that directly emit such emissions.

  • January 16, 2020

    Mexico Must Share Quinn Emanuel Probe Info In $700M Case

    Mexico must disclose whether it's investigating alleged improprieties committed by Quinn Emanuel Urquhart & Sullivan LLP stemming from its representation of U.S. investors seeking at least $700 million from the country in arbitration over terminated oil rig lease agreements, an international tribunal has ruled.

  • January 16, 2020

    Sunoco Slapped With $2M Fine In Latest Pa. Pipeline Sanction

    Sunoco LP was slapped with the latest in a string of penalties over the troubled Mariner East natural gas pipelines on Thursday as Pennsylvania environmental regulators fined the company nearly $2 million for leaking drilling fluid into a Harrisburg-area lake.

  • January 16, 2020

    Garland, EPA Atty Clash Over Impact Of Past Pollution Ruling

    The D.C. Circuit’s chief judge on Thursday balked at the U.S. Environmental Protection Agency’s justification for denying requests by Delaware and Maryland to reduce air pollution blowing in from other states, contending that the agency relied on a regulation the appeals court contested in a similar dispute last fall.

  • January 16, 2020

    Deals Rumor Mill: Albertsons, Springer Nature, DuPont

    Albertsons is considering an IPO that could value the U.S. grocery giant at about $19 billion, educational publishing company Springer Nature could be valued at as much as €8 billion in an IPO of its own, and DuPont is weighing options for its electronics business, including a potential sale. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 16, 2020

    Justices Urged To Solve Copyright 'Puzzle' In Oil Data Fight

    A Canadian oil exploration company has urged the U.S. Supreme Court to resolve the "puzzle" of whether its infringement suit against a U.S. competitor for obtaining its copyrighted seismic data from Canadian regulators is trumped by the regulators' implied license to distribute the data.

  • January 16, 2020

    Teco Says Guatemala Has No Intention Of Paying $35M Award

    U.S.-based Teco Energy Inc. told a D.C. federal judge that stronger measures should be taken to make Guatemala pay an arbitration award worth $35 million because the Central American nation has no intention of ever paying it.

  • January 16, 2020

    Justices Told $7B Pipeline Can't Cross Appalachian Trail

    Conservation groups told the U.S. Supreme Court on Wednesday that the Appalachian National Scenic Trail is clearly part of the National Park System, which means the U.S. Forest Service didn't have the authority to grant developers of the $7 billion Atlantic Coast gas pipeline a right-of-way across the trail.

Expert Analysis

  • Climate Law Brings Challenges For NYC Co-Ops And Condos

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    New York City's Climate Mobilization Act leaves several unanswered questions for co-ops and condos, such as what will happen to buildings with rent-regulated units, how buildings will pay for compliance costs, and how building owners will divide CMA responsibilities with tenants, says William McCracken of Ganfer Shore.

  • Ohio Tax Talk: Taking Advantage Of Sustainability Incentives

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    The state of Ohio is using its tax code and other financial incentives to promote sustainable business investment — which should be of interest to businesses facing pressure from regulators, investors and customers to focus on environmental impacts, say attorneys at Frost Brown.

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Liquefied Natural Gas: A Power Solution For Isolated Markets

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    A survey of recent liquefied natural gas power projects demonstrates that they are an excellent solution for reducing the carbon footprint of electricty generation activities in isolated markets, say David Lang and Carli Gish of King & Spalding.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

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    Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.

  • Deciphering Tribunals' Practice In Investor-State Arbitration

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    Our recent study of 114 publicly available decisions on provisional measures in investor-state proceedings reveals key trends in arbitration tribunal jurisprudence, say David Goldberg and Ivan Philippov of White & Case, and professor Yarik Kryvoi of the British Institute of International and Comparative Law.

  • Policy Push Yields Mixed Results For Biofuels Sector

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    Policymakers delivered a mixed bag to the biofuels industry at the end of 2019, with both a law retroactively extending the biodiesel and renewable diesel credit, and guidance from the U.S. Environmental Protection Agency that could undercut the biofuels market, say Brandon Kirkham and Joshua Andrews of Faegre Baker Daniels Consulting.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • The EPA's Most Significant Actions Of 2019

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    The U.S. Environmental Protection Agency repealed and replaced Obama-era rulemakings on energy and water in 2019, indicating a continued focus on deregulation, but also proposed new regulations on per- and polyfluoroalkyl substances, say Carol McCabe and Zachary Koslap of Manko Gold.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.