Energy

  • November 21, 2019

    Judge Kills Oil Industry Group's Calif. Oil Spill Claims

    A California federal judge said a group of individuals and businesses in the oil industry didn't have the required "special relationship" with Plains All American Pipeline LP that would allow them to pursue negligence claims against the company stemming from a 2015 oil spill.

  • November 21, 2019

    Enviros Sue EPA Over Drilling Wastewater In Calif. Aquifer

    The U.S. Environmental Protection Agency illegally exempted a California oil field from Safe Drinking Water Act protections in order to allow the injection of oil and natural gas wastewater into an aquifer for a Freeport-McMoRan project, the Center for Biological Diversity said Thursday in a new lawsuit.

  • November 21, 2019

    MLB Owners Approve Kansas City Royals' $1B Sale

    Major League Baseball owners unanimously approved the sale of the Kansas City Royals by owner David Glass to a new ownership group led by energy businessman John Sherman during the annual owners meetings in Arlington, Texas, commissioner Rob Manfred said Thursday.

  • November 21, 2019

    3rd Circ. Won't Rethink OK'ing Seizure Of Citgo Parent Shares

    The Third Circuit will not rehear its decision allowing Crystallex International Corp. to seize shares in Citgo's parent company to enforce an arbitral award now worth more than $1.4 billion against Venezuela, according to a Thursday order.

  • November 21, 2019

    Creditors Balk At Emerge Energy's Ch. 11 Extension Bid

    Unsecured creditors of Emerge Energy Services LP told the Delaware court Thursday that the bankrupt fracking sand miner should not have extended time to get its Chapter 11 plan approved or possibly seek an alternative plan, complaining they continue to be left out of the process.

  • November 21, 2019

    5th Circ. Declines to Revive Baker Hughes' Deduction Bid

    The Fifth Circuit on Thursday declined to revive Texas oil company Baker Hughes' claim for a tax deduction on $52 million it gave to a Russian subsidiary facing liquidation, finding the cash wasn't bad debt but instead a capital contribution.

  • November 21, 2019

    FERC's Glick Says Pipeline OK Has Whiff Of A 'Rubber Stamp'

    The Federal Energy Regulatory Commission on Thursday refused to reconsider its approval for a gas pipeline in Illinois and Missouri, a decision that Commissioner Richard Glick said justifies criticism that the agency acts as a “rubber stamp” for gas projects.

  • November 21, 2019

    Naftogaz Says Texas Co. Can't Seek Discovery Dispute Fees

    Ukrainian energy company Naftogaz urged a Texas federal court Wednesday to deny a bid for attorney fees by the Dallas-based oil and gas reserves auditor of Russian energy giant Gazprom, related to a now-withdrawn subpoena that sought documents for use in litigation to enforce a $2.56 billion arbitral award against Gazprom.

  • November 21, 2019

    Shipping Co. Buys Mobile Power Plant Lessor In $750M Deal

    Shipping company Seaspan Corp. said Thursday it has acquired mobile gas turbine lessor APR Energy in an all-stock deal worth $750 million including debt.

  • November 21, 2019

    DC Firm Adds International Arbitration Pro As Counsel

    The Law Offices of Charles H. Camp PC has gained an international arbitration attorney who brings extensive experience representing clients in commercial and investor-state arbitration proceedings around the world.

  • November 21, 2019

    CIT Backs Steep Duty For Noncooperative Chinese Co.

    The U.S. Court of International Trade has approved a three-digit anti-dumping duty on a Chinese steel rod producer, even though one of the company's customers said it should have been given a lower rate.

  • November 21, 2019

    Texas Court Won't Revisit Fight Over Injection Well Permit

    A Texas appeals court declined to revisit a split decision that upheld a state environmental regulator’s approval of an individual waste disposal facility despite concerns raised late in the process by Texas energy regulators about the project's impacts on nearby oil and gas deposits.

  • November 21, 2019

    RI Climate Suit Is No State Court Matter, 1st Circ. Told

    A Rhode Island suit seeking to hold 21 fossil fuel companies responsible for the effects of climate change belongs in federal court, the companies told the First Circuit on Wednesday, arguing the nation’s interests are not best served by allowing each state to apply its own laws.

  • November 21, 2019

    FERC Has A Role In PG&E Bankruptcy, 9th Circ. Told

    A California bankruptcy judge had no right to rule that the Federal Energy Regulatory Commission doesn't have a say in whether Pacific Gas and Electric Co. can ditch power purchase agreements in Chapter 11, the agency told the Ninth Circuit.

  • November 20, 2019

    Murray Energy Lenders Sue To Undo Prepetition Refinancing

    Term loan lenders that provided $2 billion in loans to bankrupt coal producer Murray Energy filed an adversary complaint Wednesday in Ohio court seeking to unwind a prepetition refinancing transaction that improved the lien priority of certain lenders while leaving others behind.

  • November 20, 2019

    EPA Says Regulation Of 'Forever Chemicals' Coming Soon

    The U.S. Environmental Protection Agency said Wednesday it will soon move toward regulating two substances that belong to the family of "forever chemicals" that has sparked waves of litigation across the country.

  • November 20, 2019

    Pa. Bills Would Require OK Of Gov.'s Carbon Tax Agreement

    Pennsylvania lawmakers have filed legislation seeking to require the General Assembly's approval of the governor's proposal to enter the state into a regional greenhouse agreement that could result in carbon taxes being levied on power plants.

  • November 20, 2019

    Brazilian Oil Exec Charged With Corruption Pleads Not Guilty

    A former CEO of Brazilian oil company Braskem pled not guilty to corruption charges stemming from alleged violations of the Foreign Corrupt Practices Act in Brooklyn federal court late Wednesday afternoon.

  • November 20, 2019

    Pembina Gets Antitrust OK For $3.3B Kinder Morgan Unit Buy

    Pembina Pipeline Corp. and Kinder Morgan Inc. said Wednesday that Canadian antitrust regulators have cleared Pembina's proposed CA$4.35 billion ($3.28 billion) purchase of Kinder Morgan Canada and part of Kinder Morgan's Cochin pipeline, bringing the deal one step closer to completion.

  • November 20, 2019

    Enbridge Loses $45M Leaky Water Line Verdict On Appeal

    An Enbridge Inc. unit didn't present enough evidence to support a $45.4 million verdict against a concrete product maker over a leaky water line that caused a pipeline spill that cost $40 million to remediate, an Illinois appellate panel said Tuesday.

  • November 20, 2019

    Donziger Pushes To End Home Confinement In Chevron Case

    Embattled attorney Steven Donziger is redoubling his bid for a New York federal court to set him free from home confinement and electronic monitoring in the wake of contempt charges in a case against Chevron Corp., arguing he is not a flight risk.

  • November 19, 2019

    Ex-Orrick Atty Tapped As SF Court's 1st Black Female Judge

    California Gov. Gavin Newsom on Tuesday nominated Judge Teri L. Jackson, a former Orrick Herrington & Sutcliffe LLP attorney and a San Francisco County trial judge overseeing litigation against Pacific Gas and Electric Co., to the First District Court of Appeal, according to a statement from the governor’s office.

  • November 19, 2019

    Biz Groups Want Tariff Reform Bill To Erase Metal Duties

    As Congress works on a bill to curb the White House's authority to impose national security tariffs, a collection of business groups on Tuesday pressed for the legislation to remove the tariffs on steel and aluminium the Trump administration has already put in place.

  • November 19, 2019

    PG&E Says Private Ownership Saves It From Wildfire Liability

    Facing billions of dollars in wildfire liability, Pacific Gas & Electric Corp. urged a U.S. bankruptcy judge in San Francisco on Tuesday to find that it's not on the hook under the state's inverse condemnation doctrine because it's investor-owned rather than a public entity.

  • November 19, 2019

    Power Co. Can Press Pollution Cleanup Coverage Suit

    A Wisconsin appeals court revived a power company’s suit seeking to force Lloyd’s of London insurers to cover the cost of cleaning up groundwater contamination at a former gas storage site, finding Tuesday that a lower court applied too narrow an interpretation of a key policy term.

Expert Analysis

  • Okla.'s New Facility Audit Law Offers Limited Protections

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    Oklahoma's new Environmental, Health and Safety Audit Privilege Act is designed to encourage voluntary compliance with environmental and occupational health and safety laws, but businesses should understand the limited scope of the immunity and privilege it offers, say Ashlyn Smith and Jake Krattiger of GableGotwals.

  • How To Increase Diversity In International Arbitration

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    Halliburton v. Chubb, a case involving alleged arbitrator bias pending before the U.K. Supreme Court, spotlights the need for more diverse international arbitration panels, and offers an opportunity for the arbitration community to discuss global solutions, says Liliana Veru-Torres of Clyde & Co.

  • Removing Reopeners May Speed Up Superfund Settlements

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    Reopener provisions in natural resource damages settlements under the federal Superfund law are meant to protect the public from post-settlement discoveries, but by undermining the corporate desire for finality in managing liabilities, they make settlements harder to reach, say Amanda Halter and Ashleigh Acevedo of Pillsbury.

  • The Force (Majeure) May Be With ND Oil And Gas Lessees

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    The North Dakota Supreme Court's recent ruling in Pennington v. Continental Resources, applying force majeure to both primary and secondary oil and gas lease terms, is good news for lessees, as courts in other states have disagreed on this issue in recent years, say attorneys at K&L Gates.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • France Pollution Verdict Increases Business Litigation Risk

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    The European Court of Justice's recent ruling against France for excessive carbon dioxide pollution shows that European authorities will strictly interpret environmental legislation, which could invite increased litigation against businesses, says Sylvie Gallage-Alwis of Signature Litigation.

  • What To Know Before Moving Your Supply Chain Out Of China

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    U.S. companies moving their supply chains to avoid Chinese tariffs should be aware of the complexities of U.S. Customs and Border Patrol country-of-origin determinations and the scope of U.S. Department of Commerce authority to impose tariffs on Chinese goods that originate outside of China, say attorneys at Covington.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • Engaging With International Carcinogen Evaluations

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    Defense-oriented attorneys and corporations should be aware of the International Agency for Research on Cancer's list of chemicals, pharmaceuticals and other exposures slated for review over the next five years, and begin preparing for eventual hazard evaluations by IARC working groups, say Eric Lasker and John Kalas of Hollingsworth.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Key Takeaways From Ex-Alstom Exec's FCPA Conviction

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    In U.S. v. Hoskins, a Connecticut federal court last week convicted a foreigner who did not work for a U.S. company of Foreign Corrupt Practices Act violations, presenting valuable lessons about the scope of FCPA liability and how to effectively withdraw from a bribery scheme, say Sunil Shenoi and Kim Nemirow at Kirkland.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.