Energy

  • August 23, 2019

    Texas Judge Pauses Magellan's Fine Bid In Late-Payment Row

    A Harris County district court judge ended a hearing Friday at which Magellan Terminals Holdings was seeking emergency sanctions against a company over the late payment of a $1.7 million judgment in a breach of contract case, holding that tax returns were needed before any rulings could be made.

  • August 23, 2019

    Perkins Coie Snags Holland & Hart Enviro Partner In DC

    Perkins Coie LLP brought onboard a Holland & Hart LLP environmental and natural resources attorney with experience in both the private and public sectors for its Washington, D.C., office.

  • August 23, 2019

    AECOM Sued Over Deadly Gas Leak At Pa. Power Plant

    AECOM, which designed a coal-ash processing facility at FirstEnergy’s Bruce Mansfield Power Plant, was negligent in allowing it to build up dangerous levels of gas that killed two workers and injured another when it was accidentally released in 2017, according to a lawsuit filed in Pennsylvania state court.

  • August 23, 2019

    Class Wins Cert. In Southern Co. 'Clean Coal' Plant Row

    A Georgia federal court on Thursday granted class status to a group of shareholders suing Southern Co. over a botched project to build a so-called "clean coal" plant in Mississippi.

  • August 23, 2019

    Driller's Inaction Voided Gas Lease Rights, Pa. Panel Rules

    A Pennsylvania appeals court ruled in a published decision on Friday that an oil and gas driller was not entitled to take advantage of lease provisions allowing it to maintain possession of acreage around a set of wells it drilled after it effectively abandoned its work on the properties.

  • August 23, 2019

    ConocoPhillips Told To Detail Venezuela Service Efforts

    A D.C. federal judge on Thursday asked ConocoPhillips to demonstrate the efforts it has made to serve Venezuela with a suit seeking to enforce an $8.75 billion award, saying the suit could be dismissed without prejudice if a response is not given within two weeks.

  • August 23, 2019

    Energy Co. Completes $40M Round For 100% Renewable Grid

    Massachusets-based Form Energy Inc. said it completed a $40 million Series B financing round that will allow it to develop a prototype of its 100% renewable energy grid.

  • August 23, 2019

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

    The past week has seen a Swiss oil distributor sue Barclays for fraud, a French fintech sue a British bank it partners with and several shipping companies take on Allianz, Axa and other insurers. Here, Law360 looks at these and other claims in the U.K.

  • August 23, 2019

    DC Circ. Upholds Obama-Era Ozone Limit For Public Health

    The D.C. Circuit on Friday upheld the U.S. Environmental Protection Agency's 2015 rule tightening ozone standards to protect public health, rejecting arguments from industry and states that it's too protective and from environmental groups that the rule doesn’t go far enough.

  • August 23, 2019

    Neb. High Court Affirms Keystone XL Route Approval

    The Nebraska Supreme Court on Friday affirmed a state agency's approval of a route for the Keystone XL oil pipeline, an important win for pipeline developer TC Energy's plan to transport oil sands from Canada into the U.S.

  • August 23, 2019

    Frontline, Trafigura Strike $675M Oil Tanker Deal

    Oil tanker shipping company Frontline said Friday that it has agreed to buy 10 Suezmax oil tankers from Trafigura Maritime Logistics in a cash and stock deal worth up to $675.3 million that was led by Seward & Kissel and Advokatfirmaet BAHR.

  • August 22, 2019

    Osage Say Gov't Owes $100M For Trust Mismanagement

    Several Osage Nation members say the federal government is mismanaging their oil and gas royalty trust fund, causing them damages of more than $100 million, according to a proposed class action filed in the U.S. Court of Federal Claims Wednesday.

  • August 22, 2019

    4 Takeaways From EPA's Regional Haze Rule Guidance

    States may be breathing a sigh of relief after the EPA released new guidance on how best to comply with a long-term program to reduce haze in national parks and wilderness areas, with the Trump administration allowing for more flexibility than the Obama administration. Here, Law360 explores four takeaways from the Regional Haze Rule guidance.

  • August 22, 2019

    NJ Appeals Court Upholds Tax Court's Reservoir Valuation

    A group of New Jersey utility companies and Harmony Township were handed losses on Thursday by a state appellate court, which upheld the methodology and deductions used to value a reservoir. 

  • August 22, 2019

    Consultant With Six-Figure Salary Can't Get OT, 5th Circ. Says

    The Fifth Circuit has ruled that a lawyer turned consultant wasn't eligible for overtime pay from an oil and gas services firm because his $1,000 daily rate exempted him from federal labor law, with one judge saying the decision illustrates the effects of unchecked executive authority on jurisprudence.

  • August 22, 2019

    AmeriGas Topples 11 States' Antitrust Claims In Propane MDL

    The Missouri federal judge overseeing multidistrict litigation accusing propane giants of working together to fix prices knocked out state claims from nearly a fourth of the United States this week after finding that they were time-barred.

  • August 22, 2019

    ITC Will Pursue Tariff Probe Of Imported Wind Towers

    The U.S. International Trade Commission on Thursday said there's evidence that U.S. manufacturers of utility-scale wind towers are being harmed by unfairly cheap imports from government-subsidized foreign producers and that the agency will now determine whether to slap tariffs on them.

  • August 22, 2019

    Judge Says PG&E Wildfire Claims Should Be Estimated

    The judge overseeing Pacific Gas and Electric Co.'s bankruptcy is recommending that the utility's total liability for California's 2017 and 2018 wildfires be estimated, saying there is not enough time to deal with the billions of dollars in claims individually.

  • August 22, 2019

    Enviros Push 4th Circ. To Halt Pipeline Work Amid FWS Fight

    Environmental groups on Wednesday urged the Fourth Circuit to block construction of the Mountain Valley natural gas pipeline while the activists challenge the legality of an authorization issued by the U.S. Fish and Wildlife Service over the project's impact on endangered species and their habitats.

  • August 22, 2019

    World Fuel To Pay $170M For Aviation Fueling Biz UVair

    An affiliate of Miami-based fuel logistics company World Fuel Services Corp. has agreed to buy the UVair fuel business from Houston-headquartered Universal Weather and Aviation Inc. in a deal worth $170 million, the companies said Thursday.

  • August 21, 2019

    FOIA Suit Seeks DOI Chief's Correspondence With Lobbyists

    A conservation group sued the U.S. Department of the Interior in D.C. federal court Wednesday, claiming the agency has failed to provide it with requested documents relating to Secretary David Bernhardt’s communications with his former lobbying clients.

  • August 21, 2019

    Obama-Era Clean Water Act Change Deemed Unlawful, Again

    A Georgia federal judge on Wednesday said a rule the Obama administration put forth in 2015 to broaden the reach of the Clean Water Act can't pass legal muster, marking the second time a federal judge has said the government must revisit the regulation.

  • August 21, 2019

    Coal Export Facility Land Deal Rightly Axed, Wash. Court Says

    A Washington appeals court on Tuesday overturned a lower court and said a state agency acted within its authority when it denied an Alcoa Corp. subsidiary's bid to sublease state land to a company that wanted to build the largest coal export facility on the West Coast.

  • August 21, 2019

    Trustee Still Unimpressed By McKinsey App In Coal Co. Ch. 11

    The federal bankruptcy watchdog and McKinsey & Co. foe Jay Alix have both told a Texas bankruptcy court that McKinsey's latest submission to be labeled as an adviser in the Westmoreland Coal Co. Chapter 11 is still not up to snuff.

  • August 21, 2019

    Hunting Guide Deserves Permanent Work Permit, Oil Co. Says

    A Dallas-based oil and gas exploration and production company has asked a federal court to overturn the denial of a work authorization for a Zimbabwean big-game hunter who leads hunts for its executives and shareholders.

Expert Analysis

  • Anticipating Insurance Issues Raised By Climate Change Suits

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    Though the latest round of litigation attempting to impose public nuisance liability on businesses for global warming consequences has yet to see any insurance coverage lawsuits, that is sure to change if any of the claims gain traction, say Damon Vocke and J. Robert Renner of Duane Morris.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • What EPA Plan To Count Emission Decreases Means For Cos.

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    The U.S. Environmental Protection Agency recently proposed a rule explicitly allowing consideration of emissions decreases from a project in determining whether the project causes a significant emissions increase from an existing source. This makes it more likely that state regulators will follow the same approach, says Andrew Sawula of Schiff Hardin.

  • House And Senate Pipeline Bills: Ships Passing In The Night

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    The Pipeline Safety Act is up for reauthorization this year, and both the Democratic House and Republican Senate have produced draft legislation. But it is unlikely that Congress will meet the reauthorization deadline of Sept. 30, because the bills have almost no common ground, say attorneys at Troutman Sanders.

  • 2 Insurance Coverage Issues Raised By Cyber Warfare

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    As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

  • Opinion

    New Ohio Energy Law Impairs Competition, Reverses History

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    Ohio’s governor recently signed legislation that will subsidize four uncompetitive electricity-producing nuclear and coal plants, remove financial incentives to build more renewable energy projects and curtail energy efficiency programs. The law turns back the clock at the expense of ratepayers, says Richard Drom of Eckert Seamans.

  • How Electric Power Group Case Is Affecting Software Patents

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    The Federal Circuit's 2016 Electric Power Group v. Alstom decision, more frequently applied of late, and its progeny pose a serious risk to software inventions. As a result, knowing how to avoid Section 101 invalidity risk is critical when drafting software patents, says Michael Kiklis of Bass Berry.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • The Escalating Sanctions Against Venezuela, Russia And Iran

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    The past few weeks saw a flurry of activity demonstrating that imposition and enforcement of economic sanctions against Venezuela, Russia and Iran — and by extension China — continues to be a key driver for the Trump administration in confronting foreign policy challenges, say attorneys at Kirkland.

  • State Net

    Calif. Emissions Agreement A Model For State-Industry Deals

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    Bypassing the Trump administration, California recently reached a deal with four automakers to improve fuel efficiency and reduce carbon emissions. The agreement could set a precedent for how state governments and industry can work together to address major issues, says Lou Cannon of State Net Capitol Journal.

  • How New Bill Boosts Renewable Projects On Federal Lands

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    If passed by Congress, a new bipartisan bill is expected to slash permitting delays for renewable energy projects across the U.S. The resulting regulatory certainty would be a win both for industry and for the growing group of states that have set ambitious climate change mitigation goals, say Ed Hild and Robert Burns of Buchanan Ingersoll.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • FERC Rate Reforms Mean More Data Collection For Cos.

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    The Federal Energy Regulatory Commission's revised regulations for selling energy services at market-based rates likely will streamline rate applications and related compliance filings, but they could create a significant initial burden for some companies, say Adam Wenner and Cory Lankford of Orrick.

  • The Groundwater Circuit Split High Court Will Untangle

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    Cases in which plaintiffs have argued for Clean Water Act jurisdiction over discharges that flow through groundwater have been brought in the Fourth, Sixth and Ninth Circuits. An upcoming U.S. Supreme Court ruling on this debate will have important implications for groundwater regulation, say Bradley Ennis and Susan Scaggs of Balch & Bingham.

  • NY’s Landmark Climate Bill: Big Opportunities But Few Details

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    New York's Climate Leadership and Community Protection Act, recently signed into law by Gov. Andrew Cuomo, is an ambitious statewide climate change agenda that promotes significant investment opportunities for industry. But the bulk of it reads like a series of homework assignments for a group project, say attorneys with Schiff Hardin.