News & Analysis as of

Coal Industry

D.C. Circuit Upholds DOE’s Authorization of LNG Exports from the Freeport LNG Terminal

On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more

The Trump Administration Delivers Much Needed Relief to the Coal Industry

by Snell & Wilmer on

During the first six months of the new Administration, President Trump has delivered much needed relief to the coal industry. The President and Congress have been particularly effective at rolling back policies proposed at...more

[Webinar] Internal and Third Party Safety Audits: Risks, Rewards and How to Protect the Results - August 24th, 1:00pm ET

by Conn Maciel Carey LLP on

There are numerous benefits to internal or third-party safety audits. These audits offer operators terrific insight for proactive safety and compliance improvements. But, can these audits be used against an operator…The short...more

IRS Rules (Again) That Taxpayers Are Not Entitled to Claimed Refined Coal Credits

by McDermott Will & Emery on

In a highly-anticipated Technical Advice Memorandum (TAM) dated March 23, 2017 and released on July 21, 2017, the Internal Revenue Service (IRS) ruled that two taxpayers who had invested in a Limited Liability Company that...more

Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels

by Downey Brand LLP on

On July 17, 2017, Marin County, San Mateo County, and the City of Imperial Beach filed three lawsuits in California Superior Court against a number of large oil, gas and coal companies. The complaints assert a variety of...more

Fourth Circuit Court of Appeals Overturns West Virginia District Court’s Order Requiring EPA to Evaluate Clean Air Act Employment...

by Kelley Drye & Warren LLP on

On June 29, the U.S. Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider a lawsuit filed by Murray...more

Mine Safety Agency Re-Launches Annual Program To Prevent Roof And Rib Fall Accidents

by Jackson Lewis P.C. on

The Mine Safety and Health Administration said that it is re-launching its annual Preventive Roof/Rib Outreach Program (PROP) to expand awareness among coal miners and mine operators of roof and rib fall hazards. The...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 15

by Clark Hill PLC on

Agriculture Spending Bill Calls for $876M in Discretionary Cuts: House appropriators unveiled a fiscal 2018 agriculture and food safety draft spending bill that would provide $20 billion in discretionary funding, which is...more

Coal Executive Has His Feelings Hurt by Television Comedian John Oliver, Sues for Defamation

by Akin Gump - Excubitor on

In a Sunday, June 18, 2017, segment on John Oliver’s news comedy television show, Last Week Tonight, Oliver predicted that the founder and CEO of the largest privately owned coal company in the United States, the litigious...more

West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

by Steptoe & Johnson PLLC on

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of...more

Does the Concept of Regulatory Takings Comport With Original Intent?

On June 23, 2017, the Supreme Court issued an important regulatory takings case, refining the test to be used to determine what is the appropriate unit of property to use to assess the impact of a regulation. It’s an...more

SEIA’s Finance & Tax Seminar Soundbites

Below are soundbites from panelists at the Solar Energy Industries Association’s (SEIA) Finance & Tax Seminar in New York City. The seminar was held on June 1 and 2, but only comments from the second day are reflected below....more

[Webinar] MSHA Citations and Orders Beyond 104(A)’s - June 20th, 1:00pm ET

by Conn Maciel Carey LLP on

Most, if not all, operators have at one time or another received a 104(A) citation from MSHA. While operators may be aware the basic orders MSHA can issue, such as unwarrantable failures, there are numerous, lesser known...more

Met Coal Still a Hot Commodity But Coal Regulatory Enforcement Resources Have Cooled

by Conn Maciel Carey LLP on

The Wall Street Journal reported this week that metallurgical coal (or “met” coal) remains a sought-after commodity despite the general malaise of the coal industry as a whole. Met coal is a higher-grade coal than the thermal...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Synposis of energy minister, Mmamoloko Kubayi budget speech - The energy minister reconfirmed that government will proceed with the signing of new nuclear power...more

California Environmental Law & Policy Update - May 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Senate unexpectedly rejects bid to repeal key Obama-era methane regulation - Washington Post - May 10 - The U.S. Senate narrowly voted down a resolution on Wednesday to repeal an...more

FAQ: Recent Developments in US Law Affecting Pension and OPEB Claims in Restructurings (2017)

by Latham & Watkins LLP on

From theory to practice, planning to enforcement, the answers to 42 of the most frequently asked questions can help you prepare, cope or respond to a restructuring. This Client Alert answers some of the most frequently asked...more

Coal Plant Shutdown: Owners and Operators Need Vision – Part II

by McCarter & English, LLP on

Owners and operators planning a plant shutdown benefit from developing a forward-looking "Vision" of their plant site. The Vision is a well-developed plan for the eventual reuse of the plant property that includes not only...more

[Webinar] MSHA's Most-Cited Standards and How to Avoid Them - May 17th, 1:00pm ET

by Conn Maciel Carey LLP on

MSHA’s published enforcement initiatives and Fatalgrams are an easy place to start when improving mine safety and proactively preparing sites for inspection, especially if you do your research. Reviewing MSHA’s most-cited...more

A Hodgepodge of Action and Thought on Climate Change

by Burr & Forman on

While the Trump Administration has taken steps to dismantle or revise many of the Obama Administration’s actions regarding climate change, there are conflicting opinions within the Administration and key businesses about the...more

Coal Miners No Longer Left in the Dust: Update from the Cowboy State

by Fox Rothschild LLP on

After spending the weekend in Wyoming, I thought I would give you an update from my home state. As you may remember, I come from a long line of coal miners – back when the country was primarily powered by coal, the coal...more

How the President’s Executive Order Will Affect U.S. Oil, Natural Gas and Coal Industries

by Perkins Coie on

President Donald Trump’s recently signed Executive Order on Promoting Energy Independence and Economic Growth (the Order) includes significant revisions to the regulatory landscape both (1) directly in the case of oil and...more

Bankruptcy Bulletin Blamed for Blabbing Bondholders; New York Court Appoints Itself Arbiter of Who is “Legitimate Media”

by Bryan Cave on

We are all very used to (and very bored of) the on-going debate of what actually constitutes “the media” or “legitimate news.” In most instances, this sort of debate pits exclusive, Columbia-educated, “proper” journalists...more

[Webinar] Working With MSHA: Alternative Citation Resolution and Pre-Enforcement Interaction - April 25th, 1:00pm EDT

by Conn Maciel Carey LLP on

While operators have the right and opportunity to contest any citation or order issued by MSHA, there ways to address concerns with MSHA prior to contest....more

Trump Order Ushers in the Future of US Energy and Environmental Regulation

by WilmerHale on

On March 28, President Trump launched a sweeping overhaul of US energy and environmental policy. The presidential Executive Order on Promoting Energy Independence and Economic Growth (Order) repeals several policies of the...more

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