Energy

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    FERC Seeks Hill's Help After DC Circ. Dumps Pipeline Policy

    Two Federal Energy Regulatory Commissioners on Thursday urged Congress to extend the agency's administrative appeals process and give landowners more protection, two days after the D.C. Circuit blew a hole in FERC's ability to delay requests to reconsider gas project approvals.

  • July 02, 2020

    Platinum Receiver Settles With Insurers For $14M

    The receiver for defunct hedge fund Platinum Partners agreed to pay around $14 million to settle with insurers that say Platinum owed them more than $44 million, a move the receiver said eliminated one of the biggest obstacles to investors finally recouping some of their losses.

  • July 02, 2020

    The Biggest Energy Rulings Of 2020: Midyear Report

    It's already been a blockbuster year for court decisions affecting the energy sector, with courts ruling on whether climate change-related litigation can proceed as well as weighing in on key permitting and liability issues. Here are some of the most significant energy-related court decisions from the first half of 2020.

  • July 02, 2020

    7th Circ. Told Dynegy Ash Pits Subject To Maui Water Ruling

    Coal ash pits owned by Dynegy Midwest Generation LLC are illegally leaking pollution through groundwater that has turned an Illinois river orange-red and must be more strictly regulated under the Clean Water Act, environmentalists told the Seventh Circuit on Wednesday.

  • July 02, 2020

    Littler Mendelson Attys Say Discovery Snafu Suit Barred

    Four Littler Mendelson PC attorneys facing negligence claims over an alleged discovery misstep that purportedly allowed opposing counsel to expand a labor dispute have asked a judge in Houston to dismiss the lawsuit under a state free speech law, saying the suit stems from their response to a court order.

  • July 02, 2020

    Calif. Criticizes FERC Transmission Incentives Proposal

    A coalition of states, including California and Massachusetts, criticized the Federal Energy Regulatory Commission's proposal to update incentives for transmission projects, saying it doesn't do much to reduce the amount consumers must pay or help the right kinds of projects.

  • July 02, 2020

    Deals Rumor Mill: Uber, JBIC, XingSheng

    Uber hopes to pay $2.6 billion for Postmates, a group of Japanese entities is investing $14.4 billion in a gas project in Mozambique, and a new funding round will value Chinese groceries delivery app XingSheng at $3 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • July 02, 2020

    Gov't Accuses Natural Gas Complex Of Air-Polluting Leaks

    Colorado and the U.S. Environmental Protection Agency have said a Western Midstream Partners LP unit's natural gas processing compound violated federal and state air pollution laws by failing to properly monitor and correct hazardous substance releases.

  • July 02, 2020

    Biggest Environmental Law Rulings So Far In 2020

    2020 has already been a huge year for environmental litigation, with the U.S. Supreme Court clearing up important unanswered questions in water and Superfund law, and an ambitious group of youths losing their effort to bring the federal government to trial over climate policy.

  • July 01, 2020

    Sailors Run Out Of Options At 9th Circ. In Fukushima Suit

    U.S. sailors said Wednesday the Supreme Court is the next stop for their $1 billion lawsuit against General Electric Co. and Tokyo Electric Power Co. over alleged radiation injuries suffered during their response to the Japanese nuclear disaster, after striking out in the Ninth Circuit.

  • July 01, 2020

    House Passes $1.5T Infrastructure Funding Bill

    The House on Wednesday passed an estimated $1.5 trillion surface transportation and infrastructure investment bill that aggressively tackles climate change and environmental reforms, advancing a measure that the Senate majority leader and the president have already declared dead on arrival. 

  • July 01, 2020

    Kinder Morgan Says Justices' Maui Decision Voids Water Case

    Kinder Morgan and environmental groups fought Wednesday in the Fourth Circuit over the correct interpretation of a recent U.S. Supreme Court ruling that the Clean Water Act sometimes covers pollution that first travels through groundwater.

  • July 01, 2020

    11th Circ. Says Citigroup Cash-Advance Suit Belongs In US

    The Eleventh Circuit in a published opinion Wednesday reversed a Florida federal judge's decision to dismiss a cash-advance fraud suit against Citigroup based on the finding it belonged in Mexico, remanding the case back to the Sunshine State and saying the wrongdoings involved "reverberated in the United States."

  • July 01, 2020

    Investment Co. Seeks OK Of $21M Award Against Chinese Co.

    Investment company Uni-Top Asia Investment Limited urged a D.C. federal court on Monday to confirm a $21.38 million arbitral award it won against the Chinese state-owned Sinopec following a dispute over a share acquisition deal for a Canadian oil and gas company.

  • July 01, 2020

    Unión Fenosa Wins Round In $2B Award Fight Against Egypt

    A London judge declined to set aside an order dispensing with formal service requirements relating to Unión Fenosa Gas' efforts to enforce a $2 billion arbitral award against Egypt after a certificate of service was apparently lost on its way back from Cairo to England.

  • July 01, 2020

    Spain Asks Court To Review Circuit Ruling On FSIA Exception

    The Kingdom of Spain urged a D.C. federal court to consider a recent D.C. Circuit opinion boosting Nigeria's effort to duck a $9 billion arbitral award, saying the opinion backs up Spain's sovereign immunity stance.

  • July 01, 2020

    Water Co. Says Centennial Sunk $150M Saltwater Well Deal

    A Texas water management company told a Houston-area court it's the rightful recipient of $10 million in escrow funds from a busted $150 million saltwater disposal well deal with a Centennial Resource Development unit.

  • July 01, 2020

    Peabody, Arch Coal Hit Back Against FTC's Bid To Halt JV

    Peabody Energy Corp. and Arch Coal Inc. have urged a Missouri federal court not to halt their proposed joint venture, arguing in a Tuesday filing that the Federal Trade Commission took too narrow a view of their market and could not support its claims that the venture would have anti-competitive effects.

  • July 01, 2020

    ND High Court OKs Permit For Refinery Near National Park

    The North Dakota Supreme Court has upheld a state Clean Air Act permit for an oil refinery near a national park, finding that the state Department of Environmental Quality adequately responded to public concerns over pollution from the project.

  • July 01, 2020

    Innogy Delaying Wind Project To Avoid Paying $70M, Suit Says

    The seller of a wind farm project has told a New York federal court a former Innogy SE unit is purposely holding up the progress of the venture to avoid coughing up a nearly $70 million payment it owes upon completion of the project.

  • June 30, 2020

    Full Fed. Circ. Won't Rethink Patent Ax For Dishonesty

    The full Federal Circuit on Tuesday refused to revisit a decision that Cantor Colburn LLP attorneys' deception at the U.S. Patent and Trademark Office rendered their client's ethanol patents unenforceable, a ruling that has concerned intellectual property ethics experts.

  • June 30, 2020

    Coal Co. Snags $12M In Litigation Funds For Row With Poland

    An Australian coal mining company has secured about $12 million in litigation funding (18 million in Australian dollars) from a British capital management firm to pursue a claim in international arbitration proceedings against Poland, saying it will repay the funds if it recovers a damages award.

  • June 30, 2020

    Top Mexico Court Lets Renewable Power Stay On Grid

    Mexico's top court has refused to reinstate a plan by the country's energy ministry to prevent renewable power sources from connecting to the electric grid as an antitrust complaint against the idea moves forward.

  • June 30, 2020

    Wind Farm Owner Says Texas Co.'s Deception Cost It Millions

    A unit of Spanish energy conglomerate Acciona alleged on Tuesday that a Texas wind farm developer lied about securing land needed for a project to make it seem as if the venture was on track when it was actually falling way behind schedule, which cost $7 million to correct.

Expert Analysis

  • Why Colo. Stay Of Trump's Water Rule Is Noteworthy

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    Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

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    Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • 10 Key Changes In EPA Fuel Regulation Overhaul Plan

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    The U.S. Environmental Protection Agency's recently proposed overhaul of fuel regulations deserves close review, given the breadth of its coverage, the potential implications of revised emissions compliance mechanisms, and new enforcement questions, says Sarah Grey at Arnold & Porter.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • USMCA's Labor Dispute Tool Raises Hurdles For Mexican Cos.

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    The U.S.-Mexico-Canada Agreement’s new mechanism for ensuring compliance with Mexico’s labor reforms poses unique challenges for Mexican companies, which now bear the burden of demonstrating that workers' rights are effectively protected, say attorneys at Akin Gump.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Justices' Superfund Ruling May Change Settlement Process

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    The U.S. Supreme Court's recent decision in Atlantic Richfield Co. v. Christian, addressing the interplay of federal and state environmental statutes, may encourage homeowners and other interested parties to get involved in the Superfund settlement process, say Ed Cohen and Tim Briscoe at Thompson Coburn.

  • What New Syria Sanctions Mean For US Companies

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    The novel aspect of the U.S. sanctions against Syria under the Caesar Syria Civilian Protection Act is treatment of the Russian government as a sanctioned entity, so businesses should assess their compliance risk and expect similar legislation in the future, says Jeremy Paner at Ferrari & Associates.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

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