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Energy Litigation

This category contains 18 posts

Update: Latest Challenge of Final Clean Power Plan Rejected by D.C. Circuit

On September 9, 2015, the D.C. Circuit Court of Appeals issued a Per Curiam Order resolving the question probed in our post, EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?.  Following the U.S. Environmental Protection Agency’s (“EPA”) announcement of the final Clean Power Plan in August, several States filed … Continue reading

EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?

Since the U.S. Environmental Protection Agency (“EPA”) released its proposed Clean Power Plan (“Proposed CPP”) in June 2014, the agency has faced fierce opposition from states and companies seeking to prevent the implementation of the rule designed to drastically reduce CO2 emissions from existing power plants.  In June 2015, Murray Energy Corporation and other opponents … Continue reading

Legal Challenge to EPA’s Proposed Clean Power Plan Rejected as Premature, Final Rule Sent to OMB for Review

The proposed Clean Power Plan introduced by the U.S. Environmental Protection Agency (EPA) in June 2014 has been met with considerable opposition, including a court battle that pitted energy companies and more than twenty States against each other in an effort to prevent the agency from implementing a final rule mandating the reduction of CO2 … Continue reading

EIB Energy Highlights: SCOTUS Review of EPA Mercury Regs, LNG Exports, World Energy Outlook, New EPA Regs & More

Six Years in One Hand, a Half Dozen in the Other: The D.C. Circuit Denies California Cities’ Petition to Review FERC’s 2007 Order Allocating Costs under CAISO “Must-Offer” Obligation

            In an Order issued November 20, 2007, the Federal Energy Regulatory Commission (“FERC”) reversed its previous position regarding the classification of the constraint on the South of Lugo Transformer Path (“South of Lugo”) for purposes of allocating costs under the California Independent System Operator’s (“CAISO”) “must-offer” requirement for electric generators serving California (the “2007 … Continue reading

The Criminal Side of Fracking: Individuals and Companies Face State and Federal Criminal Charges related to Handling and Disposal of Waste from Hydraulic Fracturing

            On Monday, October 28, 2013, the Clean Water Action national environmental organization (“CWA”) filed a federal civil lawsuit against Waste Treatment Corporation for the alleged illegal disposal of hundreds of thousands of gallons of natural gas drilling waste water into the Allegheny River in Pennsylvania.  Claiming that the Pennsylvania Department of Environmental Protection (“PADEP”) … Continue reading

Barriers to Cooperation between the CFTC and FERC Hinder Investigations into Energy Market Manipulation – A Legislative Fix May be on the Horizon

            The Federal Energy Regulatory Commission (“FERC”) has initiated investigations into energy market manipulation in the last two years that have resulted in nearly $1 billion in penalties and profit disgorgements from companies and traders.  See our previous posts here, here, and  here.  Despite the significant enforcement efforts undertaken thus far, FERC Chairman Wellinghoff recently identified additional … Continue reading

The Dodd-Frank Burden the Energy Industry Must Bear: Will the SEC Lighten the Load Following a Federal Court’s Vacatur of Its Rule Requiring Oil & Natural Gas Companies to Publicly Disclose Payments to the U.S. & Foreign Governments?

            The Dodd-Frank Act has significantly affected the energy industry, with the ultimate implications of the Act’s reforms remaining to be seen.  Recent discussion has surrounded Section 1504’s requirement that companies disclose the type and total amount of payments made to foreign (and the U.S.) governments in connection with projects for the commercial development of … Continue reading

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The landscape of the energy industry is rapidly changing, with a focus on the development of clean, domestic energy sources and a secure, reliable energy infrastructure driving significant changes in the interdependency of energy industry segments and an increase in government regulation. Continued growth in the domestic production of oil and natural gas has positioned the U.S. to be an energy exporter in the global market and will have a marked impact on the course of the industry’s development.

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