Energy

  • February 24, 2020

    Australian Court OKs $250M In Awards Against Spain

    An Australian court on Monday enforced nearly $250 million in arbitral awards owed to renewable energy investors that had prevailed in disputes with Spain over revoked economic incentives, rejecting the country's argument that it was entitled to sovereign immunity.

  • February 24, 2020

    Justices Question Appalachian Trail Blockage Of $8B Pipeline

    U.S. Supreme Court justices on Monday appeared sympathetic to arguments that federal law allows the U.S. Forest Service to grant developers of the $8 billion Atlantic Coast gas pipeline a right-of-way across the Appalachian National Scenic Trail.

  • February 24, 2020

    Teck Cites Climate In Move To Scrap Alberta Oil Sands Project

    Teck Resources Ltd., based in Vancouver, British Columbia, has said it's withdrawing its application for a CA$20.6 billion ($15.5 billion) oil sands project in Alberta, Canada, citing the ongoing public debate over how to balance climate change concerns with the need for fuel.

  • February 24, 2020

    Oil Co. Can't Enforce $449M Award Against Ecuador Yet

    An international tribunal on Friday continued to hold off enforcement of a $448.82 million arbitration award issued against Ecuador following a dispute with a Bahamas-incorporated oil company over the allocation of profits from two oil blocks in the Amazon.

  • February 24, 2020

    Williams Cos. Dumps Natural Gas Pipeline After Permit Fight

    The developers of the 125-mile Constitution natural gas pipeline have said they are no longer pursuing the project, ending a proposal that had been met with years of opposition from environmental groups and New York regulators.

  • February 24, 2020

    Rail Co. Tells 7th Circ. Land Seller Liable For Superfund Cost

    An Illinois court wrongly ruled a railroad land purchaser must reimburse the seller for its share of a $10.5 million Superfund settlement, the buyer told the Seventh Circuit, arguing a power plant's demand for payment came within the purchasing agreement's indemnity period.

  • February 24, 2020

    Enviros Urge Ariz. Sen. To Join Bill To Ban Uranium Mining

    Environmental groups joined Native Americans in pushing Sen. Martha McSally, R-Ariz., on Monday to co-sponsor a bill with her Democratic counterpart that would ban any new uranium mining in 1 million acres of public land around Grand Canyon National Park.

  • February 24, 2020

    Texas Pipeline Builder Wants End To 'Mirror-Image' Okla. Suit

    A Texas construction company embroiled in a pipeline-delay dispute has asked a federal judge to stop a Oneok Inc. affiliate's suit filed in Oklahoma hours after the Texas business launched its own claims, arguing the Lone Star State case has preference.

  • February 24, 2020

    Justices Won't Review Dakota Access Land Grab Ruling

    The U.S. Supreme Court on Monday declined to review a decision by the Iowa Supreme Court concluding that the state condemning private land for the Dakota Access crude oil pipeline didn't violate the Fifth Amendment's takings clause.

  • February 24, 2020

    Investor, Pattern Energy Trade Barbs Over $6.1B Deal

    Hedge fund Water Island Capital LLC doubled down Monday on its resistance to Pattern Energy’s planned $6.1 billion sale to the Canada Pension Plan Investment Board, while Pattern Energy continued pushing shareholders to approve the deal.

  • February 24, 2020

    Akin Gump, Latham Steer CenterPoint's $400M Gas Biz Sale

    Akin Gump represented CenterPoint Energy in the approximately $400 million sale of a natural gas unit to Latham-advised Energy Capital Partners, the second such selloff this month for the utility group, according to an announcement Monday.

  • February 24, 2020

    Ex-Unaoil Exec Testifies He Was Fighting Corruption

    A former Unaoil executive testified Monday that the energy consulting firm was working with an Iraqi state-owned oil company to help counter “corrupt influences” within the government — not plotting to bribe officials.

  • February 21, 2020

    PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

  • February 21, 2020

    Trump Can’t Reverse Ocean Drilling Ban, Profs Tell 9th Circ.

    The Trump administration can’t undo former President Barack Obama's block on oil and gas drilling in large areas of the Arctic and Atlantic oceans because Congress didn’t explicitly provide the president with the power to revoke these protections, environmental law professors have told the Ninth Circuit.

  • February 21, 2020

    Russia Can't Escape Ukraine Claims Over Crimea Annexation

    An international tribunal on Friday rejected many of Russia's jurisdictional objections to Ukraine's allegations that Moscow has stolen its energy and fisheries resources in the waters surrounding Crimea following the larger nation's 2014 annexation of the disputed peninsula.

  • February 21, 2020

    Enviros Ask NC To Nix $7B Pipeline Before High Court Review

    Scores of environmental and justice groups have urged North Carolina Gov. Roy Cooper to stop the $7 billion Atlantic Coast Pipeline, saying just days before the U.S. Supreme Court hears a related case that the project threatens low-income groups as well as the climate.

  • February 21, 2020

    NY Gov.'s Bill Aims To Jumpstart Green Energy Project Siting

    New York Gov. Andrew Cuomo on Friday unveiled sweeping legislation aimed at accelerating the siting and development of renewable energy projects in order to meet the Empire State's ambitious climate change and decarbonization goals.

  • February 21, 2020

    White House Faces 2 New Suits Over Steel Tariffs

    Two companies on Thursday alleged that the government hadn't properly warned them about expanded steel and aluminum tariffs, marking at least five lawsuits in three weeks by importers incensed over the Trump administration's rollout of the increases in the name of national security.

  • February 21, 2020

    Tesoro Refining Can't Beat Calif. Wage Class Action

    A California federal judge denied Tesoro Refining & Marketing Co. LLC’s bid Friday to escape a proposed class action alleging it underpaid workers, rejecting arguments the suit is preempted because it hinges on union contracts.

  • February 21, 2020

    Hopelessly Insolvent Bayou Steel Converted To Ch. 7 In Del.

    Remnants of bankrupt scrap steel recycler Bayou Steel BD Holdings LLC slid into Chapter 7 Friday after major asset sales fell millions short of amounts needed to pay off secured creditors, legal fees and expenses to close out the case in Chapter 11.

  • February 21, 2020

    Senate Dems Protest Trump's Drilling 'Giveaway' For Alaska

    Seven Democratic senators have lodged a protest over the Trump administration's approach to oil and gas drilling in the Alaskan Arctic's National Petroleum Reserve, denouncing "a large-scale giveaway of America's public lands" that discards a 2013 compromise.

  • February 21, 2020

    DC Circ. Nixes Racketeering Suit In $506M Award Fight

    Kazakhstan was unable Friday to convince the D.C. Circuit to revive its lawsuit accusing a pair of Moldovan energy investors of violating U.S. racketeering law by fraudulently obtaining and trying to enforce a half-billion-dollar award against the country.

  • February 21, 2020

    Buyers Sell Texas Justices On Broad Reading Of Royalty Sale

    The Texas Supreme Court ruled Friday a group of relatives sold off the entirety of their oil and gas interests on a tract of land, reversing a lower court ruling that the family had sold only an interest in a smaller segment of the property.

  • February 21, 2020

    Mongolia Hit With Arbitration Over Copper Mine Taxes

    Mongolia has been hit with international arbitration over a $155 million tax bill imposed on a company developing a mine that holds one of the world's largest undeveloped copper reserves, international mining group Rio Tinto said Friday.

  • February 21, 2020

    Navajo Nation, NM County To Develop Railroad Project

    The Navajo Nation has signed a deal with a New Mexico county to collaborate on plans for a railroad, as the tribe looks to create new business opportunities to counter the loss of power plants around its lands, according to a Navajo statement.

Expert Analysis

  • Importers May Be Paying Duties Sooner After CBP Win

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    After a recent Federal Circuit decision giving U.S. Customs and Border Protection authority to suspend liquidation of imported products under an ambiguous duty order, it is likely that importers will have to pay duties far sooner than in the past, say Sydney Mintzer and Timothy Lee at Mayer Brown.

  • Getting State Approvals For Energy Storage Siting

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    Many state laws are still ambiguous about regulatory oversight of energy storage facility siting, so energy storage developers should consider proactively engaging with state regulators to determine whether they will assert jurisdiction, says Andy Flavin of Troutman Sanders.

  • Alphabet's Missteps Offer Crisis Management Case Study

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    Corporate strategy and communications surrounding the recent resignation of Alphabet's chief legal officer provide a remarkable example of what companies should not do in a crisis, says Jolie Balido at NewStar Media.

  • How Emotional Intelligence Can Benefit Transactional Attys

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    By investing in self- and social-awareness skills, transactional lawyers can make the negotiation process more productive and pleasant while also increasing post-deal stability, say Frank Williamson at Oaklyn Consulting and Mike Harrell at Latitude Advisors.

  • Series

    Why I Became A Lawyer: Following A Serendipitous Path

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    I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

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    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.

  • 9th Circ. Sees Climate Problem But Rejects Plaintiffs' Solution

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    The Ninth Circuit's recent ruling in Juliana v. United States, that the plaintiffs lacked standing to challenge federal inaction on climate change, was remarkable because the majority seemed to concur with the dissent that failure to address the problem could lead to the country's demise, say Paul Weiland and Benjamin Rubin of Nossaman.

  • Trade Agreements With EU Will Still Be Elusive Post-Brexit

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    Although a post-Brexit transitional arrangement largely preserves the status quo between the U.K. and the EU through the end of the year, intense trade negotiations for key industries are still to come, with the possibility of a no-deal exit in 2021, say attorneys at Baker Botts.

  • Key FERC Developments To Watch In 2020

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    Several developments may raise the profile of the Federal Energy Regulatory Commission in 2020, including changes to rules for renewable energy providers, delays in the appointment of new commissioners, and proposals by presidential candidates to overhaul the agency, say attorneys at WilmerHale.

  • Opinion

    Most Lawyers Do Not Understand How AI Works

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    Clearview AI's problematic attempt to defend its facial recognition and artificial intelligence technology provides a potent case study in potential pitfalls for lawyers working on AI issues, say Albert Fox Cahn and John Veiszlemlein at the Urban Justice Center's Surveillance Technology Oversight Project.

  • 4 Considerations When Moving To A New Law Firm

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    When contemplating a lateral move to a new law firm, lawyers should carefully review questions concerning firm structure, benefits, compensation and binding documents in order to identify obligations and potential red flags, say Amy Richardson and Lauren Snyder at Harris Wiltshire.

  • Comparing The Presidential Candidates On Trade

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    Ahead of next week’s Iowa caucuses, attorneys at Kirkland look at some of the major Democratic presidential candidates’ positions on international trade and the national security dimensions of technology competition, and whether they differ from the Trump administration’s current approach.

  • Trump Navigable Waters Rule Bound For Court Challenges

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    The U.S. Environmental Protection Agency and Army Corps of Engineers' final rule interpreting the term “waters of the United States" furthers Trump administration efforts to narrow the Clean Water Act, but litigation challenging the new rule is inevitable, say attorneys at Perkins Coie.

  • A Modest Plan To Streamline Civil Cases In LA Superior Court

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    The California Legislature's recent effort to simplify civil litigation is laudable, but working with the Los Angeles Superior Court to make efficient litigation stipulations mandatory, rather than voluntary, would improve the process further, say professor Gary Craig and students Jasmine Gomez and Kennedy Myers at Loyola Law School.

  • 8 Strategies For Optimizing Opportunity Zone Investments

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    Opportunity zone fund sponsors have been unsuccessful in attracting meaningful capital in the past, in part due to an asymmetrical emphasis on real estate development, but a thorough analysis of OZ tax provisions reveals the keys to successful investing, say Christopher Daly and Doug Killip of Synergy Alternative Capital.

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