Energy

  • May 13, 2021

    DC Circ. Won't Stay Dakota Access Pipeline Permit Ruling

    The D.C. Circuit on Thursday refused to put on hold its ruling backing a lower court decision to wipe out an Army Corps of Engineers easement for the controversial Dakota Access pipeline as the pipeline's owners plan a U.S. Supreme Court appeal.

  • May 13, 2021

    Feds Say Court Can't Rescue Southern Coal From $3.2M Fine

    The federal government, Alabama, and Tennessee slammed Southern Coal Corp.'s attempt to avoid a $3.2 million penalty for failing to keep water quality permits up to date, arguing the company knew the consequences of not honoring commitments made in a prior deal.

  • May 13, 2021

    Senior Trump DOJ Enviro Litigator Lands At Winston & Strawn

    Winston & Strawn LLP said Thursday it has snagged a former acting assistant attorney general who took the lead on some of the Trump administration's highest profile environmental regulatory matters to join its Washington, D.C., office.

  • May 13, 2021

    UAE Bank Unit Sues Coal Trader Over $20M Finance Fraud

    A subsidiary of Dubai's Rasmala Investment Bank has sued a major commodities trader in London for fraud, accusing the Singapore-based company of deceiving it into providing $20 million to pay off debts.

  • May 12, 2021

    Gibson Dunn Partner Questioned On 7-Figure Donziger Bills

    A Gibson Dunn partner with a lead role in pursuing financial information from Chevron foe Steven Donziger acknowledged during cross-examination Wednesday that the oil giant was willing to spend millions to pursue an $800,000 judgment and other relief against him.

  • May 12, 2021

    Pascua Yaqui Leads Tribes Seeking Trump-Era CWA Reversal

    The Pascua Yaqui Tribe and five other Native American tribes have urged an Arizona federal judge to vacate a Trump-era definition of the Clean Water Act without trial, saying that protecting fewer bodies of water runs contrary to the law's original intent.

  • May 12, 2021

    Antero Can't Skip Trial In W.Va. Royalty Owners' Payment Suit

    A West Virginia federal judge on Wednesday denied Antero Resources Corp.'s bid to escape oil and gas royalty owners' consolidated suit accusing the company of taking improper deductions from their payments, clearing the way for a trial next month.

  • May 12, 2021

    Eni Says Del. Litigation Funder Can't Avoid Sanctions

    Italian energy company Eni SpA has pressed a Delaware federal judge to sanction a litigation funder for failing to comply with discovery orders related to an arbitration against Nigeria, claiming that the funder's misconduct has harmed the oil giant.

  • May 12, 2021

    Facing Setbacks, Mich. Mine Developer Will Revamp Plans

    A Canadian exploration company said it won't challenge a ruling denying it an essential permit for its proposed gold and zinc mine in Michigan's Upper Peninsula so that it can study the project, modify the plan to reduce its impact and submit a new application with the state.

  • May 12, 2021

    Green Groups OK'd To Join Biden's Wyo. Oil Lease Fight

    Conservation groups were given the go-ahead on Wednesday to defend the Biden administration's decision to halt new oil and gas leasing on federal lands, which the state of Wyoming and industry groups have called an overreach and harmful to the economy.

  • May 12, 2021

    Biden Orders IT Gov't Contractors To Report Data Breaches

    President Joe Biden created a new national review board for major cyberattacks and ordered IT sector government contractors to report data breaches as part of an executive order issued Wednesday after hacks on a major U.S. pipeline company and federal agencies.

  • May 12, 2021

    Chesapeake's Ch. 11 Deal On Royalty Suits Approved In Texas

    A Texas bankruptcy judge approved a deal Tuesday that resolves about $150 million in claims levied against reorganized debtor Chesapeake Energy by landowners who say they were underpaid on royalty obligations owed by the debtors.

  • May 12, 2021

    Watchdog Says EPA Issues Jeopardize Pollution Enforcement

    The U.S. Environmental Protection Agency continues to struggle with staffing and safety concerns that threaten the agency's ability to keep the nation's air and water clean by holding criminal polluters accountable, a new inspector general report released Wednesday said.

  • May 12, 2021

    DC Judge Sanctions Paul Weiss, Alex Oh In Exxon Case

    A D.C. federal judge opted Wednesday to admonish Paul Weiss Rifkind Wharton & Garrison LLP and former firm partner Alex Oh in connection with the Exxon human rights case that appears to have led Oh to resign prematurely from her new post as enforcement head of the U.S. Securities and Exchange Commission.

  • May 12, 2021

    Biden Pick For EPA Water Chief Sounds Collaborative Tone

    President Joe Biden's pick to lead the U.S. Environmental Protection Agency's water office on Wednesday promised lawmakers her goal is to create an "enduring" method of determining the Clean Water Act's jurisdiction.

  • May 12, 2021

    House Reps Renew Bipartisan Pipeline Cybersecurity Push

    In the wake of a ransomware attack that temporarily forced the nation's largest fuel pipeline system offline, a bipartisan group of House lawmakers reintroduced multiple bills aimed at staving off similar attacks on critical energy infrastructure in the future.

  • May 12, 2021

    Latham, V&E Steer SPAC Deal For $2.3B Electric Scooter Co.

    Electric scooter startup Bird will hit the public markets at an enterprise value of $2.3 billion by merging with a special purpose acquisition company, in a deal put together with assistance from respective legal advisers Latham and Vinson & Elkins, the companies said Wednesday.

  • May 11, 2021

    Gibson Dunn Atty Rebuts Donziger Privacy Concerns At Trial

    A Gibson Dunn & Crutcher partner testified Tuesday in Chevron foe Steven Donziger's contempt trial that a court order mandating him to hand over his devices included privacy protections, despite Donziger's fears about delivering the entire body of his communications to the company.

  • May 11, 2021

    Gov't May Lean On Private Sector To Stop Next Critical Hack

    Convincing private businesses to open up to the government about cybercrime could be key in preventing future hacks of U.S. critical infrastructure, a risk underscored by a ransomware attack that has shuttered one of the nation's largest fuel pipelines.

  • May 11, 2021

    Judge Weighs Effect Of Sanctions In Del. Venezuela Cases

    A Delaware federal judge weighing whether to grant seizure orders for Citgo's parent company to creditors owed hundreds of millions of dollars by Venezuela indicated Tuesday that he is considering whether U.S. sanctions on Caracas preclude him from issuing such an order.

  • May 11, 2021

    Latham-Led Vegan Co. Oatly Launches Plans For $1.4B IPO

    Swedish plant-based food company Oatly Group AB on Tuesday set a price range on an initial public offering estimated to raise nearly $1.4 billion, represented by Latham & Watkins LLP and Weil Gotshal & Manges LLP.

  • May 11, 2021

    Full 5th Circ. Says Oil Rig Welder Not A Seaman

    The full Fifth Circuit declared Tuesday that a welder alleging he was injured while working on a drilling rig can't sue under the Jones Act, walking back an earlier circuit ruling in which a panel said it was precedent-bound to determine that the man qualified as a seaman.

  • May 11, 2021

    Activists Ask 9th Circ. For Enviro Review Of DHS Programs

    Conservation groups backed by an anti-immigration think tank asked the Ninth Circuit Tuesday to revive their claims that certain U.S. Department of Homeland Security immigration programs must undergo environmental review, arguing a review exemption leads to higher immigration numbers, which then drives ecological degradation.

  • May 11, 2021

    Cyprus Mines To Depose Candidates For Ch. 11 Claims Rep

    Bankrupt talc miner Cyprus Mines will be able to depose two candidates proposed by the debtor's past insurers to represent the interests of future injury claimants after a Delaware judge approved a discovery timeline Monday related to competing motions to appoint such a representative.

  • May 11, 2021

    Sioux Tribes Urge DC Circ. Not To Stay Pipeline Permit Ruling

    Four Sioux tribes have urged the D.C. Circuit not to put on hold the court's ruling backing a lower court decision to wipe out a U.S. Army Corps of Engineers easement for the controversial Dakota Access pipeline, saying there would be little point to a stay since the federal government could still choose to shut down the pipeline.

Expert Analysis

  • What UK's New Merger Controls Mean For Private Equity

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    Expansive notification and approval requirements under the U.K.’s new merger control regime — the National Security and Investment Act — along with a lack of clarity about when they go into effect, pose unique challenges for private equity sponsors, as well as their investors and portfolio companies, say attorneys at Kirkland.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Current Pipelines And Regs Can Support Shift To Hydrogen

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    The repurposing of America's fossil fuel infrastructure for renewable hydrogen has begun, and existing pipelines, regulations and statutes can provide the regulatory certainty needed to support investment in hydrogen power systems, say William Bolgiano and Matthew Field at Venable.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • FERC Settlement Highlights Transparency For Power Cos.

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    The Federal Energy Regulatory Commission's recent settlement with Alliance NYGT underscores how important it is for electric power companies to ensure that they communicate accurate and timely information to independent system operators and regional transmission organizations with whom they have contracts, say Paul Pantano Jr. and Thomas Millar at Willkie.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Opinion

    Keep Junk Science Away From Juries

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    Well-grounded scientific testimony in judicial proceedings has become more essential than ever, especially with large verdicts at stake in cases concerning hot-button issues like talc and climate change, so judges must act as gatekeepers to exclude unsound science from jury trials, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Biden Infrastructure Plan Will Be Challenging To Implement

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    President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Biden Admin.'s Climate Strategy Should Include Insurance Innovations

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    To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.

  • What NYC Climate Case Dismissal Means For Baltimore Suit

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    The Second Circuit's recent thumbs-down to New York City's climate change lawsuit puts even more pressure on the U.S. Supreme Court to address federal preemption in climate litigation when it decides BP v. Baltimore this year, says Scott Press at Goldberg Segalla.

  • Reclassifying Methane And Ethane Could Overload EPA

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    If the U.S. Environmental Protection Agency grants a recent petition from environmental groups asking it to label methane and ethane as volatile organic compounds, it could unleash regulation of those substances under all available Clean Air Act programs — but existing regulatory systems are simply not equipped to bear that load, says Eric Groten at V&E.

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