Lillian Forero

Lillian Forero

Sutherland Asbill & Brennan LLP

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Latest Publications


PHMSA Announces Proposed Pipeline Safety Regulations

On October 1, 2015, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) announced proposed regulations to revise and update its pipeline safety standards and reporting...more

10/7/2015 - Department of Transportation (DOT) NPRM Oil & Gas PHMSA Pipelines Proposed Regulation Reporting Requirements Safety Inspections

EPA Methane Regulations for the Oil and Gas Industry

On August 18, 2015, the Environmental Protection Agency (EPA) announced several proposals, including the first federal regulations, which, if adopted, would require the oil and gas industry to reduce methane emissions....more

8/21/2015 - Clean Air Act Climate Action Plan Comment Period EPA Methane Oil & Gas Proposed Regulation VOC

BLM Issues First Federal Regulations for Hydraulic Fracturing

On Thursday, March 26, 2015, the U.S. Department of the Interior’s Bureau of Land Management (BLM) published in the Federal Register the Final Rule on hydraulic fracturing on federal and Indian lands. The Final Rule sets...more

3/30/2015 - Bureau of Land Management Energy Sector Final Rules Fracking Government Land Oil & Gas Tribal Lands

CFTC Fines Summit Energy Services, Inc. for Violating CTA Registration Rules Under the Commodity Exchange Act

On January 16, the Commodity Futures Trading Commission (CFTC) issued a settlement order requiring Summit Energy Services, Inc. (Summit Energy) to pay a $140,000 civil monetary penalty for acting as an unregistered commodity...more

2/5/2015 - CFTC Civil Monetary Penalty Commodities Exchange Act CTA Enforcement Actions Summit Energy

Counterparty Rights in Energy Bankruptcies

For the past several years, low interest rates and higher commodity prices have resulted in generally favorable financial conditions in the energy sector, keeping energy bankruptcy activity to a minimum. With the recent sharp...more


CFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles

Toward the end of 2014, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued two letters affecting insurance-linked securitization vehicles: CFTC...more

1/19/2015 - CFTC CPOs DSIO No-Action Relief SIFMA Swap Dealers Swaps

Congress Exempts Non-Financial End-Users, Their Agents and Certain Cooperatives From Non-Cleared Swap Margin Requirements in...

On January 8, 2015, the U.S. Senate approved legislation, by a 93-4 vote, to reauthorize the Terrorism Risk Insurance Act (“TRIA”). The legislation, dubbed the Terrorism Risk Insurance Program Reauthorization Act of 2015 (the...more

1/12/2015 - CFTC Commodities Exchange Act Covered Entities Major Swap Participants Margin Requirements Pending Legislation Prudential Regulation Authority Swap Dealers Swaps Terrorism Insurance TRIA

CFTC Expands Existing Clearing Relief for Treasury Affiliates

On November 24, the Commodity Futures Trading Commission’s (CFTC) Division of Clearing and Risk (DCR) issued a no-action letter to expand previously issued relief, that is available to “treasury affiliates,” from the...more

12/24/2014 - CFTC Clearing Agencies No-Action Relief Swaps Treasury Affiliates

ESMA Issues Revision of the Technical Standards on Reporting under Article 9 of EMIR

On November 10, the European Securities and Markets Authority (ESMA) published a consultation paper relating to the Regulatory Technical Standards and Implementing Technical Standards (collectively, the Technical Standards),...more

11/25/2014 - EMIR ESMA EU Technical Standards

FERC Issues Proposed Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities

On November 20, the Federal Energy Regulatory Commission (Commission) issued a Proposed Policy Statement on cost recovery mechanisms, such as trackers or surcharges, that pipelines may use to recoup infrastructure...more

11/24/2014 - EPA FERC Natural Gas Oil & Gas PHMSA Pipelines Power Infrastructure

CFTC Clarifies Dealer Requirement to Notify Customers of Right to Segregation of Initial Margin for Uncleared Swaps

On October 31, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued a staff interpretation regarding the notification of the right to segregation of...more

11/5/2014 - Broker-Dealer CFTC Major Swap Participants Reporting Requirements Segregated Funds

Storm Clouds Continue to Gather Over Bankruptcy Code’s Safe Harbors

As noted in a previous Sutherland Legal Alert, the American Bankruptcy Institute has formed a Commission to Study the Reform of Chapter 11 (the Commission). To further its goal of proposing changes to modernize the Bankruptcy...more

5/30/2014 - Bankruptcy Code Chapter 11 Commercial Bankruptcy Debtors-in-Possession Dodd-Frank FDIA Safe Harbors Title II

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