Energy

  • January 21, 2020

    High Court Won't Take On SunEdison Stock-Drop Suit

    The U.S. Supreme Court on Tuesday turned away a suit accusing a SunEdison retirement plan committee of improperly letting workers invest in the failing company’s stock, days after ruling in a case against IBM that turned on the same high court precedent from 2014. 

  • January 21, 2020

    McDermott To File Ch. 11 With $2.7B Bid For Refining Biz

    Texas oilfield construction company McDermott International Inc. said Tuesday it will file a prepackaged Chapter 11 plan in Texas bankruptcy court with the goal of selling its Lummus Technologies refining business for more than $2.7 billion and quickly executing a debt-for-equity swap.

  • January 17, 2020

    Tribunal Orders Pacific Drilling To Pay Samsung Unit $320M

    A London tribunal has ordered the Luxembourg drill ship company Pacific Drilling SA to pay $320 million to Samsung Heavy Industries Co. Ltd., one of the world's largest shipbuilders, following a dispute over a soured $517.5 million contract to construct an ultra-deepwater drillship.

  • January 17, 2020

    Kids' Climate Suit Misses The Mark But Fallout Will Be Limited

    The sheer ambition of the youths asking the Ninth Circuit for a green light to pursue a total overhaul of the U.S. government's approach to fossil fuel use may be the saving grace for other climate change plaintiffs with more modest goals, who were nervously awaiting the appeals court's Friday ruling.

  • January 17, 2020

    Delta Air, Siemens Sued Over In-Flight Assault On Officer

    A federal law enforcement officer and her husband sued Delta Air Lines Inc. and Siemens Energy Inc. in Pennsylvania state court after a drunk and since-convicted Siemens employee on a work trip assaulted the officer during a flight from Pittsburgh, an incident the couple said could have been avoided if Delta hadn't allowed the visibly intoxicated man on the plane.

  • January 17, 2020

    Wyo. Justices Say Regulator Wrongly Denied Drilling Permit

    The Wyoming Supreme Court said Friday that the Wyoming Oil and Gas Conservation Commission got it wrong when it used identical facts to grant one horizontal drilling application while denying another, overturning the denial.

  • January 17, 2020

    Chevron Owes $18B Arbitration Payout, Saudis Tell 9th Circ.

    Saudi families claiming to be the titleholders of oil lands leased to a Chevron Corp. predecessor have urged the Ninth Circuit to enforce a $17.9 billion arbitration award against the oil giant, saying the lower court wrongly concluded it lacked jurisdiction and relied on "incompetent and not credible evidence."

  • January 17, 2020

    Pulling Up Stakes: Sidley, Baker Botts, Hogan Lovells

    In our latest roundup of deal-makers on the move, Sidley Austin snagged a private equity pro from Linklaters for its Singapore office, Baker Botts bolstered its media and telecommunications practice and Hogan Lovells added a veteran capital markets practitioner in London.

  • January 17, 2020

    FTC Dings Hydrogen Peroxide Co.'s Canadian Divestiture Deal

    The Federal Trade Commission told a D.C. federal court Friday that an apparent divestiture agreement between Canada's competition enforcer and a hydrogen peroxide producer does not fix the problems raised by the United States' challenge of the company's $625 million merger.

  • January 17, 2020

    Pa. Law Excuses 3rd-Party Driller From Worker's Death Suit

    A Pennsylvania drilling company can't be pulled into the wrongful-death lawsuit over a worker killed by a falling piece of equipment because the law of the state where he died gave immunity to employers and trumped the Texas law chosen in a contract between the driller and its equipment provider, a Pittsburgh federal judge ruled Thursday.

  • January 17, 2020

    DC Circ. Says Arch Coal Can't Duck Benefit Payments

    The D.C. Circuit said Friday that federal mining law requires Arch Coal Inc. to post the security for a benefits plan for retired coal miners and that security posted by the company's former subsidiaries isn't sufficient, affirming a district court ruling.

  • January 17, 2020

    Taxation With Representation: Skadden, Simpson, White

    In this week’s Taxation with Representation, Visa acquires fintech company Plaid for $5.3 billion, a Blackstone real estate trust makes a $4.6 billion play for two Vegas hotels, and Saudi Aramco’s IPO raises another $3.8 billion.

  • January 17, 2020

    Texas Justices Won't Review Frack Co.'s Atty Malpractice Suit

    The Texas Supreme Court on Friday denied a fracking equipment leasing company's bid for the justices to review whether the business waited too long to sue an attorney who allegedly drafted a deal that effectively allowed company items to be seized.

  • January 17, 2020

    Infrastructure Tax Deal Could Hinge On Mnuchin-Neal Talks

    A renewal of the five-year surface transportation law represents one of the few chances to move tax legislation this year, and negotiations may hinge on the tenuous relationship between Treasury Secretary Steven Mnuchin and top House tax writer Richard Neal.

  • January 17, 2020

    Energy Co. To Ask 5th Circ. For Arbitration In Trade Secret Suit

    Newfield Exploration Co. will ask the Fifth Circuit to undo a ruling that it can't arbitrate a $40 million trade secrets dispute brought by an energy-industry waste management company.

  • January 17, 2020

    Energy Group Of The Year: V&E

    Vinson & Elkins LLP was “hitting on all cylinders” in 2019, guiding $72 billion in energy deals to fruition and scoring a victory for Marathon Petroleum in a $1 billion fight with the Internal Revenue Service, earning the firm a spot among Law360’s 2019 Energy Groups of the Year.

  • January 17, 2020

    Calif. Jumps Into Fight With Feds Over Fracking Impact

    California on Friday joined environmental groups in accusing the federal government of failing to properly assess the environmental and health impacts of hydraulic fracturing on more than 1 million acres of land in the Golden State now open for oil and gas development.

  • January 17, 2020

    US Chamber Wants To 'Neuter' Judges, Sens. Tell 1st Circ.

    Rhode Island and Massachusetts senators fired back against the U.S. Chamber of Commerce's arguments at the First Circuit that a climate change suit against Shell, ExxonMobil and other energy giants belongs in federal court, arguing that the chamber is self-interested and wants to "neuter the judicial branch" to benefit fossil fuel funders.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 17, 2020

    No Standing For Kids In Climate Case, 9th Circ. Says

    The Ninth Circuit said Friday that although a group of children would have a strong enough case to go to trial on claims their future is endangered by the federal government's failure to act to curb climate change, courts simply don’t have the power to fix those policies.

  • January 16, 2020

    Exxon Says Mass. AG Timed Climate Suit With NY Trial

    ExxonMobil on Thursday suggested Massachusetts Attorney General Maura Healey timed the launch of her lawsuit accusing the oil giant of deceiving investors and consumers about business risks from climate change to coincide with a landmark climate fraud trial in New York. 

  • January 16, 2020

    3rd Circ. Won't Revive Ex-Plant Worker's FLSA Suit

    The Third Circuit on Thursday refused to revive a former Pennsylvania industrial plant employee's suit claiming he was wrongly fired for complaining about not getting overtime pay, backing a district court finding that the suit was a bid to end-run around an unfavorable decision in another case.

  • January 16, 2020

    2 States Accuse EPA Of Inaction Over Upwind Pollution

    New York and Connecticut told a federal court Thursday that the U.S. Environmental Protection Agency had ignored its obligation to impose ozone emissions reductions on certain states whose pollution makes it harder for areas that lie downwind to comply with the Clean Air Act.

  • January 16, 2020

    Spain Wants Suit Over €42M Renewable Energy Award Tossed

    Spain has asked a D.C. federal court to toss litigation filed by a Luxembourg renewable energy investor to enforce a €41.8 million ($46.56 million) arbitral award over revoked economic incentives, arguing that the award is invalid under European Union law.

  • January 16, 2020

    Wash. Top Court Limits Scope Of State GHG Emissions Cap

    Washington state's highest court on Thursday ruled in a split decision that the state can't cap greenhouse gas emissions from refiners and other oil and gas companies that sell products that produce GHGs, saying state law only allows regulation of entities that directly emit such emissions.

Expert Analysis

  • Key Trends In Energy Antitrust Enforcement And Litigation

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    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • Climate Law Brings Challenges For NYC Co-Ops And Condos

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    New York City's Climate Mobilization Act leaves several unanswered questions for co-ops and condos, such as what will happen to buildings with rent-regulated units, how buildings will pay for compliance costs, and how building owners will divide CMA responsibilities with tenants, says William McCracken of Ganfer Shore.

  • Ohio Tax Talk: Taking Advantage Of Sustainability Incentives

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    The state of Ohio is using its tax code and other financial incentives to promote sustainable business investment — which should be of interest to businesses facing pressure from regulators, investors and customers to focus on environmental impacts, say attorneys at Frost Brown.

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Liquefied Natural Gas: A Power Solution For Isolated Markets

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    A survey of recent liquefied natural gas power projects demonstrates that they are an excellent solution for reducing the carbon footprint of electricty generation activities in isolated markets, say David Lang and Carli Gish of King & Spalding.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

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    Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.

  • Deciphering Tribunals' Practice In Investor-State Arbitration

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    Our recent study of 114 publicly available decisions on provisional measures in investor-state proceedings reveals key trends in arbitration tribunal jurisprudence, say David Goldberg and Ivan Philippov of White & Case, and professor Yarik Kryvoi of the British Institute of International and Comparative Law.

  • Policy Push Yields Mixed Results For Biofuels Sector

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    Policymakers delivered a mixed bag to the biofuels industry at the end of 2019, with both a law retroactively extending the biodiesel and renewable diesel credit, and guidance from the U.S. Environmental Protection Agency that could undercut the biofuels market, say Brandon Kirkham and Joshua Andrews of Faegre Baker Daniels Consulting.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • The EPA's Most Significant Actions Of 2019

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    The U.S. Environmental Protection Agency repealed and replaced Obama-era rulemakings on energy and water in 2019, indicating a continued focus on deregulation, but also proposed new regulations on per- and polyfluoroalkyl substances, say Carol McCabe and Zachary Koslap of Manko Gold.