Energy

  • September 24, 2021

    Climate Youths Urge No Judgment On Nonprofit Leaving Suit

    Youths suing the federal government over fossil fuel policies endangering their future by contributing to climate change have asked an Oregon federal judge to reject the government's request for a judgment on a nonprofit plaintiff trying to leave the suit.

  • September 24, 2021

    PG&E Facing Manslaughter Charges Over 2020 Calif. Fire

    A California district attorney on Friday charged PG&E with four felony involuntary manslaughter charges for its role in allegedly causing the Zogg fire, which burned roughly 56,000 acres in two counties last year.

  • September 24, 2021

    Colonial Gas Mixing Illegal, Shipper Tells 3rd Circ.

    A Third Circuit panel on Friday questioned whether a dispute over a Colonial Pipeline Co.-affiliated refiner's mixing of butane with a shipper's gasoline would be better resolved by the Federal Energy Regulatory Commission than the courts.

  • September 24, 2021

    Colombia Can't Get $19M Glencore Award Axed

    Colombia has lost its bid to nix a $19 million arbitral award issued to Swiss commodities giant Glencore following a dispute over coal mining royalties after a committee rejected arguments that the tribunal had wrongly refused to consider documents relating to alleged underlying corruption.

  • September 24, 2021

    GAO Urges Congress To Break Nuclear Fuel Storage Impasse

    Congress needs to take action to break a decades-long stalemate over long-term storage of spent nuclear fuel that has cost billions in taxpayer dollars, according to a new report from the Government Accountability Office.

  • September 24, 2021

    Texas Justices To Weigh If Bluestone Underpaid Gas Royalties

    The Texas Supreme Court on Friday agreed to review a Barnett Shale mineral interest owner's dispute with BlueStone Natural Resources that challenges whether the company is allowed to reduce royalties to account for costs incurred transporting gas via a gathering system.

  • September 24, 2021

    Utility Looks To Nix FTC Deal Obligations After Spinoff

    DTE Energy Co. has asked the Federal Trade Commission to relieve it of obligations imposed by a 2019 settlement addressing concerns over the purchase of a natural gas pipeline after the company said it spun off the portion of its business with an interest in the asset.

  • September 24, 2021

    Squire Patton Boggs Wins International Arbitration For Edison

    Italian utility company Edison SpA announced a big win in a dispute with state-owned Qatargas over a proposed natural gas price hike worth several hundred million dollars.

  • September 24, 2021

    Philly Refinery Says Insurers Still Owe Coverage Of Fire Costs

    Former refinery operator PES Holdings has asked a Delaware bankruptcy judge to find its insurance carriers ignored the language of its insurance policy in an attempt to avoid paying the full amount they owed to cover the 2019 fire and explosion that put the operator out of business.

  • September 24, 2021

    Texas Justices Won't Hear Bid To Undo $3.3M Drilling Verdict

    The Texas Supreme Court on Friday declined to hear a bid by Crimson Exploration Operating Co. to undo a $3.38 million jury verdict against it in a dispute with BPX Operating Co. over an oil and gas well that was never completed.

  • September 24, 2021

    Biden Launches Security Probe Of Crucial Magnet Imports

    The Biden administration on Friday announced an investigation into whether imported rare earth magnets pose a threat to U.S. national security, teeing up potential tariffs on the imports with a Cold War-era trade law revived during the Trump administration.

  • September 24, 2021

    Ex-Rice Exec Settles Discrimination Suit, Ducks Sanctions

    A former Rice Energy vice president has settled his racial discrimination claim and won't have to pay sanctions for filing suits in two different counties, according to a pair of orders from a Pittsburgh federal judge.

  • September 24, 2021

    Perkins Coie Snags Obama Vet For Offshore Wind Push

    Perkins Coie LLP is welcoming an attorney with decades of experience working on renewable energy issues in both the private and public arenas to its environment, energy and resources practice, as the firm eyes work with a burgeoning offshore wind industry.

  • September 24, 2021

    3rd Circ. Won't Revive NJ Worker's Power Plant Injury Suit

    The Third Circuit on Friday gave a win to Calpine Corp. in a suit alleging its negligence caused an injury to a contractor who was removing copper wire from its Pennsville power plant, saying the company owed no duty of care to the worker.

  • September 24, 2021

    Ex-Anadarko Worker Files Suit Over Severance Denial

    A former Anadarko Petroleum manager claimed in a lawsuit in Colorado federal court that he was unlawfully denied a severance payout when he left the company after its 2019 acquisition by Occidental Petroleum.

  • September 24, 2021

    Cypriot Shipping Co. Hit With $2M Fine For Illegal Dumping

    A Cyprus-based shipping company will pay $2 million in penalties after pleading guilty to two felony offenses for illegally dumping oily bilge water into the Atlantic Ocean and trying to hide its misconduct from the U.S. Coast Guard.

  • September 23, 2021

    Calif. Tells 9th Circ. Federal Dam Not Allowed To Hurt Trout

    California has asked the Ninth Circuit to revive a suit aimed at securing more water releases from a dam near Santa Maria for a protected trout's benefit, telling the court in an amicus brief that the dam's authorization doesn't just allow for species conservation, it requires it.

  • September 23, 2021

    FERC Puts New Grid Regs On Table After Texas Blackouts

    Power plant owners should be required to winterize their facilities in order to avoid a repeat of the widespread, deadly blackouts in Texas caused by Winter Storm Uri, federal grid regulators said Thursday.

  • September 23, 2021

    SEC Letter Raises Climate Reporting Bar Before Rules Drop

    The U.S. Securities and Exchange Commission has begun rolling out letters nudging public companies to bolster their disclosures related to climate-related risks in SEC filings, an apparent effort to set a higher bar for business in anticipation of the agency's long-awaited rulemaking on the matter.

  • September 23, 2021

    IP Forecast: Taylor Swift Seeks To Shake Off Copyright Case

    Taylor Swift's lawyers will argue next week in a California federal court that lyrics from her 2014 hit "Shake It Off" about "players" and "haters" are well within the public domain and don't rip off an R&B song from 2001. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 23, 2021

    FTC Probing HollyFrontier's $2.5B Energy Biz Buys

    Petroleum company HollyFrontier Corp. and its Holly Energy Partners LP unit disclosed Wednesday that the Federal Trade Commission has initiated an in-depth investigation into their plans to buy oil and pipeline businesses from The Sinclair Cos. in a pair of deals valued at about $2.5 billion.

  • September 23, 2021

    Metal Cos. Can't Duck Ex-Counsel's COVID-19 FMLA Claims

    A pair of Pittsburgh metals companies can't avoid claims that they should've offered a former in-house attorney time off for coronavirus recovery under the Family and Medical Leave Act instead of firing him, after a Pennsylvania federal magistrate judge denied their bid to dismiss his suit.

  • September 23, 2021

    Texas Law Firm Wants Claims Against Insurer Reheard

    Ryan Law Firm LLP says a Texas federal court erred when tossing bad faith claims it brought against an insurer for failing to cover a legal malpractice settlement, telling the court the decision dismissed a claim that wasn't even contested.

  • September 23, 2021

    Big Oil Aims To Pause Remand In Hoboken's Climate Suit

    Big Oil companies and the American Petroleum Institute want a New Jersey federal court to pump the brakes on its order remanding the city of Hoboken's suit seeking climate change costs to state court to allow for a Third Circuit appeal.

  • September 23, 2021

    Amid Hiring Boom, McDermott Adds 6 Transactions Partners

    McDermott Will & Emery LLP continues to grow its transactions group across the United States, announcing Thursday a six-lawyer partner pickup in several major cities.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • The Difficult Art Of Advertising Carbon Reductions

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    Advertising carbon emission reductions allows businesses to show their commitment to addressing climate change, but such claims can open companies to legal risk — so it is crucial to accurately quantify the emissions, and verify carbon offsets before purchasing them, say Linda Goldstein and Randal Shaheen at BakerHostetler.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Texas Tax Talk: Alarming Redefinition Of Nontaxable Services

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    In a concerning trend following two rulings from the Texas Comptroller, taxpayers in a variety of industries are facing audits that attempt to reclassify traditionally nontaxable service agreements as taxable equipment rentals, thereby unexpectedly increasing businesses' sales tax exposure, say attorneys at Baker Botts.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Despite Risks, Venezuela May Rekindle Investor Interest

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    Even in the face of stringent international sanctions against Venezuela, and the country's withdrawal from an investor-state dispute convention, hints of thawing relations between the Maduro regime and the U.S. offer hope for investors with a high risk tolerance, say Stephanie Limaco and Leigh Crestohl at Zaiwalla & Co.

  • How SPAC Investors Might Rethink Material Adverse Effect

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    Buyers in special purpose acquisition company transactions involving early-stage technology companies should consider allocating key business risks in an acquisition agreement outside the construct of material adverse effect, due to the difficulty of proving a material adverse effect on a pre-revenue target company in Delaware court, say attorneys at White & Case.

  • Biden Climate Push Means Fossil Fuel Cos. Must Innovate

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    The Biden administration's strong focus on climate change puts unprecedented pressure on oil, gas and coal companies to strategically embrace new clean and low-emission technologies, predict and minimize environmental impacts, and prioritize innovation in order to sustain long-term viability, say attorneys at Akin Gump.

  • EPA, Army Corps Guidance Walks Back Regulatory Certainty

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    Recent guidance from the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers concerning the 2020 water quality certification rule suggests a return to ill-defined project review timelines that give flexibility to authorities at the expense of transparency and regulatory certainty, say Anna Wildeman and Dave Ross at Troutman Pepper.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • How Environmental Litigation Can Block Renewable Projects

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    While renewable energy projects can reduce greenhouse gas emissions, they are not immune from environmental challenges filed by citizens groups, conservation organizations and even competitors — so project developers must plan their environmental and permitting reviews carefully, say Jonathan Brightbill and Madalyn Brown at Winston & Strawn.

  • Vehicle Service Contracts Present Opportunities For EV Cos.

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    As the electric vehicle market grows faster than ever, manufacturers, dealers and even aftermarket participants can use vehicle service contracts to open up new revenue streams and maintain a touchpoint with customers — but contract providers must be aware of applicable laws and regulations, says Matthew R. Wagner at Frost Brown.

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