General Business Energy & Utilities

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

Senegal's New Mining Code

Senegal has officially introduced its new mining code, which has been a work in progress since 2012 when proposals were first made to revise the former mining code introduced in 2003. In recognising the potential that the...more

Can Reworking a Saltwater Disposal Well Maintain a Lease?

Should the sufficiency of reworking operations under the cessation-of-production clause of an oil and gas lease be limited to the producing well? Crystal River Oil and Gas, LLC et al v. Patton was a suit to terminate an oil...more

District Court Upholds Controversial Bankruptcy Decision in Sabine

On March 10, 2017, the U.S. District Court for the Southern District of New York issued a Memorandum Order, in which it affirmed a controversial bankruptcy court ruling. The district court agreed with the bankruptcy court...more

French Legal and Regulatory Update - February 2017

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for February 2017. Commercial Law...more

District Court Upholds Bankruptcy Court’s Ruling on Rejection of Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York (the “Court”) affirmed on appeal a bankruptcy court’s prior decision in In re Sabine Oil & Gas Corp. that permitted a debtor to reject...more

Acting (and Potentially Permanent) CFTC Chairman Warns of “Aggressive and Assertive Enforcement Action by the CFTC Under the Trump...

In remarks before the International Futures Industry Conference, Acting Chairman J. Christopher Giancarlo—who was just nominated by President Trump to be permanent Chairman—talked about the future of the Commodity Futures...more

An Overview of Representations and Warranties Insurance

The last twelve months have seen strong levels of M&A activity in the U.S. energy tech and renewables sector. As this trend continues, we want to share a recent update on the increased use of representations and warranties...more

The Impact of Sabine Oil & Gas Corp. on Gas Gathering Agreements

On March 10, 2017, the United States District Court for the Southern District of New York entered an order affirming a bankruptcy court ruling that permitted the debtors to reject certain gas gathering agreements, finding...more

The U.S. Tax Reform and the Energy Sector

President Donald Trump and Republican Congressional leaders have promised a major reform to the U.S. tax code in 2017. This reform, if anything close to these promises, will have significant implications for the energy...more

No English jurisdiction over Nigerian oil pollution claims against Shell

In a highly mediatised ruling, the English High Court refused jurisdiction over claims brought against Royal Dutch Shell and its Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd, by over 42,000...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

On March 7, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a production...more

Hydraulic Steel Works: A Case Study in Subcontracting for Hydro Projects

Originally posted in Hydropower & Dams, Issue One - 2017. Within the hydropower industry there are many ways to contract for hydraulic steel works. A project owner may choose to contract directly by way of one of more...more

Does it Matter if a Deed Correction is Material?

McCabe Trust v. Ranger Energy LLC, is the consequence of failing to comply with the Texas Property Code when correcting real property conveyances....more

Sustainable growth in the Middle East

2016 saw the international community finally reach agreement for collective action on climate change with the rapid ratification and entry into force of the Paris Agreement. Micael Johnstone and Maher Ghanma assess the...more

Red Notice Newsletter - February 2017

Acting SEC Chief Limits Subpoena Authority to Enforcement Division Acting Director - On February 15, 2017,The Wall Street Journal reported that the acting Chair of the Securities and Exchange Commission (SEC), Michael...more

2016 California Energy and Climate Legislative Update

California took legislative action in 2016 aimed at addressing climate change, advancing renewable energy, and maintaining the state’s emphasis on safety in the energy sector. In 2016, the California legislature took...more

Coming Down the Pipeline: Mitigating the Payment Risk in Oil and Gas Construction Through Lien Claims

Since 2015, the oil and gas market has experienced significant distress. Recent reports have tracked at least 114 North American oil and gas producers and 16 midstream companies that have filed for bankruptcy since the...more

Estimates from Common Metering System are Insufficient to Maintain Oil and Gas Lease

Recently, the Seventh District Court of Appeals of Ohio in Joseph and Anna Lang v. Weis Drilling Company, et al., Slip Opinion No. 2016-Ohio-88213, held that estimates derived from a common metering system are insufficient to...more

DOJ Challenges Illegal Antitrust “Gun Jumping” In Energy Transaction

The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial...more

Lessons in Administering a Master Service Agreement

Is condensate a contaminant? When it spills and burns a worker, yes. In Hiland Partners v. National Union Fire Insurance Company the operator, an additional insured under a contractor’s commercial general liability insurance...more

Projects and Energy Weekly Snippets

NERSA caps Eskom tariff hike at 2.2% - The National Energy Regulator of SA (NERSA) said on Thursday Eskom’s tariff increase for 2017-18 would be limited to 2.2% when the new prices come into effect on 1 April....more

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property...more

Saudi Arabia’s Vision 2030 – Securing PPP Value for Money and the Criticality of Monitoring and Root Cause Analyses

Introduction - Much of the PPP debate in Saudi Arabia has focussed on the importance of shifting the public sector expenditure burden to the private sector. Wherever this has been the sole focus of a PPP programme, the...more

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

Mineral Lease Prevails in Louisiana Royalty Dispute

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations....more

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