Category Archives: Distressed Energy

Lyondell Bankruptcy Court Holds That Safe Harbors Do Not Prohibit Creditors From Asserting State Law Constructive Fraudulent Transfer Claims

On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In re Lyondell Chemical Co.), Adv. Proc. No. 10-4609 (REG), 2014 WL 118036 (Bankr. … Continue reading

Posted in Cases, Distressed Energy, Mining/Metals, Oil & Gas, Power

Court Approves Extension of the Automatic Stay in Detroit’s Chapter 9 Case to State Officials

On July 24, 2013, Judge Steven W. Rhodes of the Bankruptcy Court for the Eastern District of Michigan approved the City of Detroit’s motion to extend the automatic stay to various non-debtor parties, including certain state officials. The Court’s ruling … Continue reading

Posted in Distressed Energy, Finance

City of Detroit Files Chapter 9 Bankruptcy Petition – Challenges Ahead

On the afternoon of July 18, 2013, the City of Detroit filed its highly anticipated petition for relief under Chapter 9 of the Bankruptcy Code in the Bankruptcy Court for the Eastern District of Michigan. This marks the largest municipal … Continue reading

Posted in Distressed Energy, Finance

Recent Developments in Regulating Greenhouse Gas Emissions: The Supreme Court Grants EPA’s Petition for Certiorari in Transport Rule Case, and President Obama Issues Executive Directive to EPA Regarding Carbon Emissions

By Ken Irvin, David Williams, Terence Healey and Sohair Aguirre On Monday, June 24, 2013, the U.S. Supreme Court granted the petition of the U.S. Environmental Protection Agency (“EPA”) for a writ of certiorari to review the decision of the … Continue reading

Posted in CSAPR, Distressed Energy, Emissions, EPA, Power, Regulation, Renewables

SAVE THE DATE: 2013 Energy & Commodities Conference

Cadwalader, Wickersham & Taft LLP will be hosting its annual Energy & Commodities Conference in Houston, Texas. This complimentary day and half program will feature informative presentations and panel discussions on the evolving regulatory, business, and legal issues affecting the … Continue reading

Posted in Announcement, CFTC, Commodity Trading, Distressed Energy, Dodd-Frank, Energy Infrastructure, Enforcement and Investigations, ERCOT, Events, FERC, Finance, Oil & Gas, Power, PUCT, Regulation, Renewables

Cadwalader Recognized by Financial Times Innovative Lawyers for Work on Prominent Energy Deals

Cadwalader again ranked among the top 25 Most Innovative Law Firms in the annual Financial Times US Innovative Lawyers report released today. Cadwalader was highly commended in Energy for advising American Renewables on one of the largest biomass financings, the … Continue reading

Posted in Announcement, Distressed Energy, Energy Infrastructure, Finance, Oil & Gas, Power, Renewables

Fifth Circuit Finds that an Electricity Requirements Contract Is a “Forward Contract” Exempt from Bankruptcy Code’s Avoidance Powers

By Ken Irvin, Peter Friedman, Sarah Tucker, Audrey Aden Doline, and Matthew J. Oliver. On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes … Continue reading

Posted in Distressed Energy, Power

Implications of the D.C. Circuit Court Decision in EPA Cross-State Air Pollution Rule

The August 21, 2012 decision of the U.S. Court of Appeals for the D.C. Circuit to vacate EPA’s Cross-State Air Pollution Rule marks a material interpretation of EPA’s authority under the Clean Air Act – an “unsettling” departure from judicial … Continue reading

Posted in Distressed Energy, Emissions, EPA, Events, Regulation, Tax

Download the June 14 Distressed Energy Investments Program Materials

On June 14, Cadwalader hosted a discussion on the ever-changing business landscape for energy companies created by recent market changes, FERC regulations and the Dodd-Frank Act. Keynote speaker, The Honorable Donna L. Nelson, Chairman of the Public Utility Commission of … Continue reading

Posted in Distressed Energy, Events, FERC, Power, Regulation

SAVE THE DATE: Cadwalader Energy & Commodities Conference, Oct. 11-12

2012 Cadwalader Energy & Commodities Conference October 11-12, 2012 Houston, Texas For more information, or for sponsorship opportunities, contact Allison Geggatt at allison.geggatt@cwt.com.

Posted in CFTC, Commodity Trading, Distressed Energy, Dodd-Frank, Energy Infrastructure, Enforcement and Investigations, Events, FERC, Finance, Oil & Gas, Power, Regulation, Renewables