Energy

  • October 15, 2021

    US, Wind Farm Cos. Ask for Win in Okla. 'Mining' Suit

    The U.S government and a group of wind farm developers have asked a federal judge to grant summary judgment in their long-running battle over the excavation and use of minerals on Osage Nation land.

  • October 15, 2021

    Texas Justices To Review SandRidge Electric Shock Suit

    The Texas Supreme Court agreed Friday to consider whether a lower court was right to revive a contractor's lawsuit seeking to hold an energy production company responsible for injuries he incurred when he was shocked while working near a live wire on the company's property.

  • October 15, 2021

    DC Circ. Mulls Whether To Nix $112M Tatneft Arbitral Award

    One member of the D.C. Circuit said Friday that he felt like Russian oil company Tatneft was trying to "dance away" from his questions about whether the lower court had employed the correct standard when deciding to enforce a $112 million arbitration award the company won against Ukraine.

  • October 15, 2021

    Steinmetz Ordered To Honor Year-Old Discovery Request

    A New York federal judge granted Brazilian mining company Vale SA's request to compel discovery on Friday in its $2.2 billion arbitration award confirmation suit, three days after the company accused Israeli billionaire Beny Steinmetz of snubbing its 18-month-old discovery request related to his assets.

  • October 15, 2021

    DC Circ. Skeptical Of Ending Payout Stay In $50B Russia Saga

    D.C. Circuit judges seemed doubtful Friday that they should lift a district court stay that's long held up three arbitration awards worth $50 billion that shareholders won against Russia for allegedly destroying their oil company and transferring its assets to state control.

  • October 15, 2021

    Insurers Say GE Knew About Turbine Issues In Plant Failure

    A group of insurance and reinsurance companies is suing General Electric to recoup losses incurred in connection with a turbine blade failure at an Algerian power plant, saying GE knew about problems with its turbine blades.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    ND Tribe Members Suing Over Oil Spill May Seek Only $1

    A North Dakota federal judge axed the majority of a Mandan, Hidatsa and Arikara Nation family's lawsuit accusing companies of spilling oil on their land and attempting to remediate it without permission, ruling that because the landowners flouted discovery procedures, they could seek only one dollar in damages.

  • October 15, 2021

    Calif. Court OKs Warrant For PetroSaudi Arbitral Win

    The U.S. Department of Justice finally secured a warrant for portions of a PetroSaudi unit's $380 million arbitration award that federal prosecutors say is linked to $1 billion allegedly stolen from Malaysia's sovereign wealth fund.

  • October 15, 2021

    High Court Won't Pause Ruling Axing Spire Pipeline Permit

    The U.S. Supreme Court on Friday denied gas pipeline operator Spire's request for the high court to pause a D.C. Circuit order vacating a key permit for the now-completed $286 million, 65-mile pipeline that serves the St. Louis area.

  • October 15, 2021

    Texas Justices Won't Revisit PUC Purview In Injury Suit

    The Texas Supreme Court on Friday rejected utility CenterPoint's request to reconsider its June decision that the Public Utility Commission of Texas doesn't have exclusive jurisdiction over an injury lawsuit filed against the company.

  • October 15, 2021

    Solar Developer Fights Insurer On Pollution Policy Trigger

    A renewable energy company told a Rhode Island federal court that its insurer shouldn't be able to trigger an exemption on a pollution claim based on the company's decision to pivot away from building a solar facility.

  • October 15, 2021

    Texas Justices To Review $820M Refinery Feud

    The Texas Supreme Court on Friday agreed to wade into an $820 million dispute between Petrobras and Belgium-based Transcor Astra Group over a soured refinery partnership, a move both companies requested.

  • October 15, 2021

    FERC Commissioner Splits Ramp Up Confirmation Pressure

    Tuesday's Senate confirmation hearing on President Joe Biden's choice to fill the last vacant spot at the Federal Energy Regulatory Commission has taken on new stakes after stalemates among FERC's four current commissioners allowed two controversial power market changes to take effect.

  • October 15, 2021

    5 Key Environmental Issues Facing Georgia

    As Georgia's population continues to grow, environmental issues including water use, environmental justice and the tensions between rural and urban interests will also increase in importance.

  • October 15, 2021

    Australian Regulator Lets AusNet Mull $7.4B APA Bid

    Australian energy company AusNet Services will reopen talks about a potential AU$10 billion ($7.4 billion) takeover by APA Group after an Australian regulator ruled Friday that an exclusivity agreement the target had with a competing bidder will expire next week.

  • October 14, 2021

    2nd Circ. Won't Revisit Mongolia Mining Case

    The Second Circuit will not reconsider its decision denying a bid by three Chinese mining companies for court review of an arbitral award dismissing their claim against Mongolia on jurisdictional grounds.

  • October 14, 2021

    Biden Officials Say Environmental Justice Is Top Priority

    Environmental justice will be a centerpiece of the Biden administration's environmental enforcement priorities, top officials from the U.S. Department of Justice, U.S. Environmental Protection Agency and U.S. Department of Transportation said during a virtual conference on Thursday.

  • October 14, 2021

    Fed. Circ. Backs $5M Atty Fees In Fracking Patent Case

    The Federal Circuit on Thursday stood by a North Dakota federal judge's holding that Heat On-The-Fly LLC must pay $5 million in attorney fees for infringement litigation where it asserted a fracking patent it knew was invalid.

  • October 14, 2021

    IP Forecast: Amazon To Fight 'Jewish Stereotype' Claims

    U.S. District Judge Alan Albright next week will hear an Israeli kitchen technology startup's allegations that lawyers for Amazon played on Jewish stereotypes to bias a Texas jury into finding that the retail giant didn't infringe patents on voice-ordering technology. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 14, 2021

    FAR Council Ponders Rule To Mitigate Contract Climate Effect

    The Federal Acquisition Regulatory Council on Thursday said it may propose a rule aimed at minimizing the climate impact of major federal procurements, aimed especially at reducing greenhouse gas emissions by contractors. 

  • October 14, 2021

    Corteva, Dow To Pay $3.35M For Texas Pollution Complaint

    Corteva unit E.I. du Pont de Nemours and a Dow Chemical subsidiary have agreed to pay a $3.35 million penalty to put away allegations they polluted the water and air at a manufacturing facility in southwest Texas along the Louisiana border.

  • October 14, 2021

    Del. Justices Uphold Mixed $6M Ruling On Solar Co. Breaches

    Delaware's Supreme Court upheld on Thursday a partial, $6.1 million Chancery Court win for investors who sued the manager of a solar power venture for fiduciary breaches and fraud after a disastrous performance, only to see some claims fall to litigation missteps and the solar company's bankruptcy.

  • October 14, 2021

    Citigroup Dodges Part Of Illinois Superfund Cleanup Suit

    A developer can advance most of its suit looking to force Citigroup to clean up a Superfund slag pile, but its claims for contribution and strict liability can't proceed, an Illinois federal judge said Wednesday.

  • October 14, 2021

    Tribal Partnerships Could Supercharge Grid Development

    A recently completed California transmission upgrade project partly financed by a tribe whose land it crosses may serve as a template for future tribal-private partnerships that can accelerate the transmission development needed to get more clean energy on the grid, experts say.

Expert Analysis

  • Proposed Mass. Enviro Regs Prompt Compliance Questions

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    The proposed amendments to the Massachusetts Environmental Policy Act would introduce new assessments for determining unfair or inequitable environmental burden on marginalized populations, but the lack of guidance and a looming implementation deadline leave developers in the dark on how to apply new regulatory concepts, say attorneys at Holland & Knight.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Opinion

    Subpoena Defense Cost Ruling Gets Insurance Law Wrong

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    A Connecticut federal court's recent decision that National Union Fire Insurance Co. of Pittsburgh didn't need to cover defense costs for a power utility's response to a grand jury subpoena included two crucial mistakes that contravene long-standing insurance law principles, say attorneys at Hunton.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

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    An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Shippers Face Risk Even From Voluntary GHG Reductions

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    As the global shipping industry prepares for mandates to cut maritime greenhouse gas emissions, some shippers are touting voluntary GHG reductions that exceed international requirements — but these efforts are not without potential legal and compliance risks, say attorneys at Winston & Strawn.

  • Behind The Curtain At Commerce's Operating Committee

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    Mi-Yong Kim at Bass Berry, former chair of the U.S. Department of Commerce's Export Administration Operating Committee, demystifies the obscure administrative body's decisions, which can make or break international transactions, and explains how the committee is poised to play a greater role as export controls become more complex.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Shareholder Ruling Resolves Dual-Natured Claim Uncertainty

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    The recent Delaware ruling in Brookfield v. Rosson, which eliminates the ambiguity surrounding so-called dual-natured direct and derivative claims, eases 15 years of tension around the doctrine and clears a path for corporate deal makers, say attorneys at MoFo.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

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