Energy

Expert Analysis

• When Successor Liability And Bankruptcy Principles Collide

  

  The efficacy of a bankruptcy sale to cut off pre-existing debts and claims will depend, in part, on the adequacy of the notice of the sale given to interested parties. Special problems are presented by so-called “future claims” and certain types of environmental liabilities, says Michael Reed of Pepper Hamilton LLP.

• BLM Fracking Decision Is Narrow, But With A Vast Impact

  

  Assuming the Wyoming federal court's decision in Wyoming v. Department of Interior is upheld on appeal, it is arguably a narrower holding than many have suggested. It rests on the fact that Congress spoke with unusual clarity and specificity in the Energy Policy Act of 2005, when it substantially curtailed federal authority to regulate hydraulic fracturing, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

• RFP Lessons: A General Counsel's List Of Law Firm Mistakes

  

  All too often, law firm financial proposals are too complicated, making them contingent on a host of different assumptions. This makes determining the value of the proposal extremely difficult, and the odds increase dramatically that the proposal will be disregarded, says Dave Sampsell, general counsel of Digi International Inc.

• NY Should Unify Standards For Atty Fees Against State Agency

  

  Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

• The DOJ’s Increased Focus On Environmental Criminal Cases

  

  The U.S. Department of Justice has voiced its commitment to prosecuting more criminal environmental cases. In some instances, this effort may result from more investigations or resources committed to bringing such cases. More startling, though, is that other instances reflect a change in prosecutorial discretion, so that more serious criminal cases may be brought in new contexts, say attorneys at Perkins Coie LLP.

• Takeaways From Delaware's Energy Transfer Ruling

  

  The Delaware Chancery Court's recent opinion that Energy Transfer may terminate a merger agreement based on the lack of a tax opinion highlights the importance of fully considering the implications of conditions precedent, say Gregory Pryor and William Dantzler of White & Case LLP.

• Clean Energy Incentive Program Creates More CPP Confusion

  

  The U.S. Environmental Agency's position regarding its recently proposed Clean Energy Incentive Program makes it challenging for states and the regulated community to understand and implement Clean Power Plan requirements, and is also contrary to relevant precedent, say attorneys at Jones Day.

• How To Manage Your Law School Debt After Graduation

  

  Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

• Bankruptcy-Remote Structures At Risk

  

  The Delaware bankruptcy court's recent decision in Intervention Energy is an important reminder that bankruptcy-remote does not necessarily mean bankruptcy-proof. Accordingly, lenders should always consider additional safeguards, including so-called “bad boy” guaranties, say Luc Despins and Alexander Bongartz of Paul Hastings LLP.

• New Pipeline Safety Law Needs A Push From Industry

  

  The Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 allows very little time to act before the Pipeline and Hazardous Materials Safety Administration's next authorization period will ramp up. Furthermore, a change in administration will undoubtedly give rise to new initiatives, priorities and pushes for additional requirements, which may cause existing unfulfilled mandates to remain unresolved, say attorn... (continued)