Energy

  • July 19, 2019

    Jury Hits Besco With $5M Verdict In Oil-Drilling Patent Case

    A Louisiana federal jury has slapped Besco Tubular with a $5 million verdict, finding the oil services company guilty of patent infringement, breach of contract, violating state consumer protection law, fraud, and trade secret appropriation in a suit brought by Spoked Manufacturing over a tool used in the oil and gas industry.

  • July 19, 2019

    NH Justices Back Block Of Eversource Hydropower Project

    New Hampshire state regulators were within their authority to reject Eversource Energy's proposal for the primary portion of a $1.6 billion power line project intended to ship Canadian hydroelectricity to Massachusetts, the state's Supreme Court held Friday.

  • July 19, 2019

    DC Circ. Refuses To Publish Sovereign Immunity Ruling

    The D.C. Circuit declined Friday to reclassify its decision shooting down Ukraine’s sovereign immunity defense in an enforcement action, rejecting a request by a London-based asset manager that is trying to enforce a €128 million ($143.8 million) arbitral award against Spain in a separate suit.

  • July 19, 2019

    Biggest Enviro Law Cases To Watch In The 2nd Half Of 2019

    Here, Law360 takes a look at some of the biggest environmental cases to watch in the second half of 2019, including U.S. Supreme Court appeals based on Superfund and Clean Water Act issues and a challenge to President Donald Trump's authority to shrink national monuments designed by his predecessor.

  • July 19, 2019

    Coal Co. Blackhawk Mining Opens Ch. 11 On $1.1B Debt

    Kentucky-based Blackhawk Mining LLC and 21 affiliates opened a prepackaged Chapter 11 in Delaware bankruptcy court on Friday, armed with a restructuring agreement for its $1.1 billion in debt that includes swapping $668 million in secured loans for newly issued equity.

  • July 19, 2019

    Scientists Ask 1st Circ. To Revive Expert 'Purge' Lawsuit

    A group of scientists told the First Circuit a lower court wrongly signed off on a Trump administration directive that bars scientists from its advisory committees who receive U.S. Environmental Protection Agency grants, saying it violates the Administrative Procedure Act.

  • July 19, 2019

    After Delay, Pa. Programmer Pleads To Siemens Sabotage

    A Pittsburgh-area computer programmer pled guilty in federal court Friday to planting code that would deliberately break programs he’d written under contract with Siemens Corp., after his previous plea hearing was halted in June amid disagreements over whether his motivation should have been considered.

  • July 19, 2019

    Army Corps Owes ND $38M For Pipeline Protests, Suit Says

    North Dakota hit the U.S. government with a suit in federal court, claiming the U.S. Army Corps of Engineers owes the state $38 million for failing to contain protests against the Dakota Access Pipeline.

  • July 19, 2019

    11 Firms To Guide 7 IPOs Exceeding $1.4B As July Stays Hot

    Eleven firms are set to guide eight initial public offerings estimated to raise more than $1.4 billion during the week of July 22, continuing a sizzling stretch on the IPO schedule highlighted by a Chinese sports marketing giant and a wide gamut of issuers.

  • July 19, 2019

    SC Utility Customers Tell 2nd Circ. To Revive Nuke Plant Suit

    Two South Carolina utility customers on Friday asked the Second Circuit to revive a suit against Westinghouse Electric Co. to recover payments made for an abandoned nuclear project, saying their claims arise from Westinghouse’s post-Chapter 11 acts.

  • July 19, 2019

    DC Circ. Backs EPA On Ditching Hardrock Mining Rule

    The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

  • July 19, 2019

    Justice Stevens' Most Important Personal Injury Opinions

    The more than 1,000 opinions the late Justice John Paul Stevens authored during his three-plus decades on the U.S. Supreme Court included seminal rulings on punitive damages awards and maritime wrongful death cases. Here, Law360 looks back at a handful of opinions he wrote that have affected the personal injury bar and changed the way trial attorneys practice law.

  • July 19, 2019

    Rig Worker 'Engulfed In Flames' Sues Houston Equipment Co.

    A man who was seriously injured while working on an offshore oil rig platform when a flash fire ignited has filed a lawsuit against the manufacturer of the piece of equipment he believes started the blaze, seeking more than $1 million in damages.

  • July 19, 2019

    Engine Maker Execs Inflated Revenues By $25M, Feds Say

    An Illinois-based alternative-energy engine maker’s former executives got hit with criminal and civil securities fraud charges Friday over claims they engaged in an accounting fraud scheme that inflated company revenues by $25 million.

  • July 19, 2019

    China Cries Foul Over Trump's Nuclear Sanctions Dragnet

    The Chinese government on Friday called on the Trump administration to "correct" its latest sanctions enforcement effort, which ensnared a number of Chinese and Belgian companies alleged to have aided in Iran in procuring materials for its nuclear program.

  • July 19, 2019

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

    The last week has seen the owner of a Manchester skyscraper that needed repair sue several underwriters at Lloyd's, a prominent cryptocurrency trader drag a U.K. digital currency exchange into court and an executive for Honeywell sue HSBC Bank PLC. Here, Law360 looks at those and other new claims in the U.K.

  • July 18, 2019

    Honeywell Faces FCPA Probe Related To Petrobras

    Honeywell International Inc. announced Thursday that it is under investigation by U.S. and Brazillian authorities for possible violations of the U.S. Foreign Corrupt Practices Act in relation to former third party workers from its Brazilian oil business and to Petróleo Brasileiro SA.

  • July 18, 2019

    Texas Co. Says YPF Not Entitled To $1.2M In Atty Fees

    A Texas oil and gas company told a federal court on Wednesday that it has no obligation to pay nearly $1.2 million in costs and fees to YPF SA in litigation to enforce a confirmed $9.87 million arbitral award the Argentine energy giant won against the U.S. company.

  • July 18, 2019

    Citgo Board Fight Should Be 'Crystal Clear,' Chancery Told

    It is "crystal clear" that opposition leader Juan Guaidó is the U.S.-recognized interim president of Venezuela, and thus, has authority to select those who control the state-owned entity that determines who sits on Citgo's board, counsel for Guaidó-backed members told a Delaware vice chancellor Thursday.

  • July 18, 2019

    House Panel Supports Ban On Drilling In Chaco Canyon

    The House Natural Resources Committee has given its blessing to a bill that seeks to withdraw federal land around New Mexico's Chaco Canyon from future oil and gas drilling, saying the proposal is ready to be taken up by the full U.S. House of Representatives.

  • July 18, 2019

    Justice Stevens Ruling Set Groundwork For US Climate Policy

    Justice John Paul Stevens' landmark decision in Massachusetts v. EPA forced the federal government to address the problem of climate change and unleashed a flood of decarbonization policies, a deluge that the Trump administration is trying to reverse.

  • July 18, 2019

    Investors Push For Class Cert. In Oil Co. Stock Fraud Row

    A proposed class of investors in Dakota Plains Holdings Inc. on Thursday urged a New York federal judge to certify a class action against the bosses of the defunct oil transloading company over a purported stock manipulation scheme, citing the commonality of investor claims.

  • July 18, 2019

    EOG Settles $12.5M Injury Suit Minutes Before Arguments

    Just 23 minutes before oral arguments, EOG Resources Inc. told a Texas appellate court Thursday afternoon it had reached a settlement in a workplace injury case where it was fighting to avoid a retrial after getting slapped with a $12.5 million verdict.

  • July 18, 2019

    Gov't Sues Chemical Co. Over Deadly La. Plant Explosion

    A Louisiana chemical manufacturing company could have prevented a 2013 explosion that killed two and injured 167 at its facility, according to a Clean Air Act lawsuit filed by the U.S. Attorney's Office for the Middle District of Louisiana on Wednesday.

  • July 18, 2019

    Simpson Thacher Guides $14B Blackstone Infrastructure Fund

    Blackstone's infrastructure fund raised $14 billion in the final close of its inaugural fundraising round, putting the Simpson Thacher-guided vehicle among the world's three largest infrastructure funds, Blackstone said Thursday.

Expert Analysis

  • Fed. Circ. Limits Gov't Contractors' Litigation Cost Claims

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    The Federal Circuit's July 16 decision in Bechtel National v. United States upholds the precedent set in Geren v. Tecom, making it harder for contractors to argue government agencies indicated their willingness to reimburse them for third-party litigation expenses through contract terms, say attorneys at Arnold & Porter.

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • The Latest Executive Order On Buying American Has Teeth

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    Earlier executive orders aimed at strengthening compliance with the Buy American Act were essentially position statements. Monday’s executive order differs, however, because it proposes a textual change to the Federal Acquisition Regulation, one that would have wide-ranging, potentially disruptive effects on government contractors, say attorneys at Covington.

  • The Nondelegation Doctrine And Enviro Regs, Post-Gundy

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    The U.S. Supreme Court’s recent decision in Gundy v. United States may have opened the door to a revitalization of the long-dormant nondelegation doctrine. Such a shift could make it difficult for a future administration to deal with climate change without congressional action, say William McGrath and Jeffrey Jay of Brownstein Hyatt.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • How Carbon Capture Tax Credit Financing Would Work

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    Legislation recently introduced in the Senate would create a new tax-exempt financing option for carbon dioxide generating facilities that spend capital developing green countermeasures for carbon capture and sequestration, says Taylor Klavan of Squire Patton.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • Climate Change And Insurance: Insurers' Subrogation Claims

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    Once the litigation floodgates open for property damage lawsuits against greenhouse gas polluters, a second wave of subrogation claims brought by first-party property insurers is likely to follow, say José Umbert and Jason Reeves of Zelle.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • What Justices' Deference Opinion Means For Employers

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    The U.S. Supreme Court rewrote the rules on judicial deference to federal agency guidelines with its recent decision in Kisor v. Wilkie. For employers — where agency guidance frequently disclaims authoritative use — it means a lot of settled law is potentially up for grabs, says Steven Katz at Constangy Brooks.

  • When FCPA Violations Turn Into Private Securities Cases

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    In recent cases like Doshi v. General Cable Corp., plaintiffs attorneys have tried to use company disclosures of government investigations or settlement agreements with regulators to craft private claims for corporate bribery. There are a few things companies might consider to limit their exposure to such claims, say attorneys at DLA Piper.