Energy

  • September 23, 2019

    7th Circ. Says Insurer Must Cover Biomass Co. Contract Fight

    Insurer Crum & Forster must provide coverage for a builder of facilities that convert cow manure into electricity after a Seventh Circuit panel ruled Monday that an errors-and-omissions policy it sold contained expansive carve outs that made it effectively useless.

  • September 23, 2019

    Wachtell Seeks NY Trial Against Carl Icahn's CVR, Touts Docs

    Wachtell Lipton Rosen & Katz on Monday told a New York trial judge that CVR Energy Inc. and Carl Icahn are ignoring substantial evidence that they misused Wachtell's internal documents in their bid to dodge the firm's lawsuit, saying the firm is ready to go to trial.

  • September 23, 2019

    Drilling Co. Urges Court Not To Block Mancos Shale Fracking

    An oil and gas drilling company urged a New Mexico federal court on Friday to reject environmental groups' bid to block fracking for oil and gas wells in the Mancos Shale, saying that the company’s technology prevents environmental harm and that an injunction would cost the company and Navajo landowners millions of dollars.

  • September 23, 2019

    Ignorance Of 3rd-Party Sales Irrelevant For Duties, CIT Says

    The U.S. Court of International Trade has upheld the government's decision that a Turkish steel maker's lack of knowledge of its products being shipped to the U.S. by a foreign third party is irrelevant to the determination of countervailing duties.

  • September 23, 2019

    2 Men Charged With Participating In $3M 'Boiler Room' Plot

    A chief executive and stock promoter have been charged in New York federal court in relation to an alleged scheme to artificially inflate the value of Renewable Energy and Power Inc. stock before selling the shares at a profit, according to an indictment made public on Monday.

  • September 23, 2019

    Kirkland Steers GSO's $350M Commitment To Soda Ash Biz

    Genesis Energy said Monday it will expand its soda ash production operations in Wyoming in a move financed by a $350 million preferred equity commitment from Kirkland-led GSO Capital Partners.

  • September 23, 2019

    9th Circ. Backs BIA Green Light Of Wind Farm Construction

    The Ninth Circuit on Monday upheld the Bureau of Indian Affairs' approval of the second phase of a California wind farm, saying the agency properly considered the project's potential to harm eagles before greenlighting a lease between the project developer and a California tribe.

  • September 23, 2019

    Enviros Say Colo. Mine Expansion Suit Not Barred

    Environmental groups challenging the planned expansion of Arch Coal's mine in western Colorado have told a federal court that, contrary to arguments put forward by the federal government, their bid to block the project is not precluded by prior litigation.

  • September 23, 2019

    House Dems Question Trump, DOJ On Car Emissions Probe

    House Democrats are launching a formal inquiry into whether the Justice Department’s antitrust arm has been politicized by the White House for use against automakers that struck a deal with deep-blue California over emissions standards for vehicles.

  • September 23, 2019

    $1.2B Award Against Mining Co. Must Be Enforced

    An Israeli billionaire’s mining company has failed to convince an English judge to nix an order enforcing a nearly $1.25 billion arbitral award issued to its former joint venture partner following a dispute over a stymied Guinean mining project.

  • September 23, 2019

    Pause $112M Arbitral Award For Justices' Input, Ukraine Says

    A D.C. Circuit ruling allowing litigation over a $112 million arbitral award essentially rewrote the Foreign Sovereign Immunities Act, the government of Ukraine said, asking the panel to pause the case while it seeks U.S. Supreme Court review.

  • September 23, 2019

    BP, Koch Can't End Superfund Suit With 'Petroleum Exclusion'

    An Illinois federal judge on Friday said a "petroleum exclusion" in the federal Superfund law doesn't bar claims against Koch Industries, BP and other businesses over the release of hazardous substances near a crude oil factory in Illinois, but did dismiss some parts of the case.

  • September 23, 2019

    TechnipFMC Settles SEC's Bribery Claims For $5M

    French oil and gas company TechnipFMC PLC agreed to pay more than $5 million to the U.S. Securities and Exchange Commission to settle claims the business bribed Iraqi government officials, according to an administrative proceeding filed by the regulator Monday.

  • September 23, 2019

    Maui County Votes To Settle High Court Clean Water Act Case

    The Maui County Council has voted to settle an important Clean Water Act case scheduled for oral arguments in November before the U.S. Supreme Court, potentially yanking from the docket a highly anticipated fight over whether the law covers pollution that travels through groundwater.

  • September 23, 2019

    Vaping Co. Seeks To Block Duracell's Optimum Batteries

    A New Jersey vaping company has asked a federal judge to order Duracell to stop using the Optimum name for its batteries, arguing it has held trademarks on the name for more than a decade. 

  • September 23, 2019

    Don't End Fight Over FERC Pipeline Approval, DC Circ. Told

    There's no reason why the Fourth Circuit's invalidation of a U.S. Forest Service authorization for the $7 billion Atlantic Coast gas pipeline should scuttle challenges to the Federal Energy Regulatory Commission's approval of the controversial project, the D.C. Circuit has heard.

  • September 23, 2019

    NJ Energy Co. Can't Duck $1.1M In Penalties In Securities Row

    A New Jersey state appeals court will let stand roughly $1.1 million in penalties leveled against a green energy company for selling unregistered securities and misleading investors with false statements that the business would go public and had filed a federal registration form.

  • September 23, 2019

    Hunton's Boston Office Adds Its First Environmental Lawyer

    The former in-house counsel for a Fortune 500 natural gas company joined Hunton Andrews Kurth LLP this month, becoming the first environmental lawyer in the firm's Boston office.

  • September 23, 2019

    Attys Seek $15M In Fees From $74M SunEdison Settlement

    The lead counsel in a class action claiming SunEdison Inc. misled shareholders about its financial health before filing for bankruptcy is asking a New York federal court to approve more than $15 million in attorney fees for its work in reaching a $74 million settlement with the company.

  • September 23, 2019

    Banks, Insurers Commit To Global Climate Action

    Banks from 46 countries with more than $47 trillion in assets have adopted new United Nations-backed principles on “responsible banking” to fight climate change and increase focus on sustainable finance.

  • September 20, 2019

    Norfolk Southern Liable In Coal Shipping Dispute, Jury Finds

    The Norfolk Southern railroad could owe a coal seller millions after a federal jury found that the shipper had frozen the Alabama importer out of selling coal to East Coast power plants.

  • September 20, 2019

    Whitefish Power Co. Objects To PR Utility Restructuring Deal

    A power company whose contract to restore hurricane-damaged electric lines in Puerto Rico was canceled amid controversy in 2017 said Friday the island's utility can't restructure until it explains how it's going to pay the $126 million the company says it's owed.

  • September 20, 2019

    King & Spalding Adds Former DOI Attorney In DC

    King & Spalding LLP brought on board a former U.S. Department of the Interior senior counselor who also has a background in private practice, adding an experienced partner to the firm's government matters group.

  • September 20, 2019

    EEOC Nets Nearly $1M In Wave Of Disability Bias Deals

    Over the past week, the U.S. Equal Employment Opportunity Commission scored court approval for settlements totaling almost $1 million that end disability bias suits the agency filed on behalf of workers and job applicants, including a refinery worker with vision loss and a paraplegic PacSun applicant.

  • September 20, 2019

    FERC Says Its Authority Preempts New Hampshire Power Law

    The Federal Energy Regulatory Commission has said a recently enacted New Hampshire law forcing utilities to purchase power from waste and biomass generators at a set rate infringes on its exclusive authority over wholesale electricity sales.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Tools For Energy And Infrastructure Minority Partners: Part 1

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    While majority parties in energy and infrastructure joint ventures have controlling rights over important business decisions, minority parties have some creative options for exerting influence beyond their ownership level, says Parker Lee of Hunton.

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    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • New Visa Means 1 Less Problem For Offshore Wind Projects

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    The U.S. State Department has updated the Foreign Affairs Manual to include a visa category for offshore wind projects, removing a regulatory hurdle that was causing significant logistical problems for the industry, say Jonathan Waldron and Stefanos Roulakis at Blank Rome.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Another Round In The Battle Over The Clean Water Act

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    The Obama-era Clean Water Rule used the full extent of federal power to protect the country's water under the Clean Water Act. Last week, that rule was repealed, giving more authority to states. At issue are questions of federalism and science, and a confusing U.S. Supreme Court case, says Allyn Stern of Beveridge & Diamond.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Laying The Groundwork For Next-Generation Nuclear Energy

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    Nuclear energy enjoys bipartisan support, as evidenced by a range of recent and pending federal legislation that could help revive the U.S. nuclear industry, say attorneys with Morgan Lewis.

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    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Commerce Move Affects Exports To Chinese Nuclear Co.

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    The U.S. Department of Commerce’s recent addition of China's largest nuclear power company, the China General Nuclear Power Group, to its entity list dramatically increases the scope of U.S. export restrictions on CGN, even prohibiting the export of low-technology consumer goods and software, say attorneys at Winston & Strawn.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

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    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • Opinion

    Utilities Need Timely Project Review For Reliable Service

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    National Parks Conservation Association v. Semonite, in which a Virginia utility faces possibly having to dismantle a previously approved transmission line due to drawn-out litigation, points to the need for time limits on court review of infrastructure projects, say Alan Seltzer and John Povilaitis of Buchanan Ingersoll.