General Business Energy & Utilities

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FERC Initiates Proceeding Regarding Price Formation In Organized Markets

On June 19, 2014, the Federal Energy Regulatory Commission ("FERC") initiated a proceeding to evaluate issues regarding price formation in the organized electric energy and ancillary services markets operated by regional...more

Sanctions Round-Up: Second Quarter 2014

In this issue: - US Authorities End Quarter Full of Enforcement Actions with $8.9 Billion BNP Settlement - US and EU Make Numerous Ukraine-Related Designations as Separatist Aggression Continues - US...more

Oil and Gas Industry Forms Information Sharing Group to Combat Cyber Threats

In response to the growing threat from cyber-attacks, the oil and gas industry has announced the formation of an information sharing clearinghouse. The new group, known as the Oil and Natural Gas Information Sharing and...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

Introduction of the Exploration Development Incentive

In the 2014 Budget, the Federal Government announced that it would introduce Exploration Development Incentive (EDI) tax credits to encourage and stimulate growth in the junior mining industry. This is a simpler approach to...more

Department of Commerce Announces Preliminary Decision to Impose Tariff on Solar Panels Imported From China

Some U.S. solar equipment manufacturers have lauded the Department of Commerce’s recent decision to impose high tariffs on solar panels imported from China as the end of China’s unfair market advantage; however, from the...more

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

Exports of Lightly Refined Natural Gas Condensate Approved by Federal Agency

On June 24, 2014, the Bureau of Industry and Security (BIS) of the Department of Commerce issued two advisory opinions (AOs) allowing for the export from the United States of what was reported to be “unrefined” oil. The...more

Tanzania Publishes First Draft of a Long-Awaited Local Content Policy

In January we reported that Tanzania is in the process of developing new legislation and regulations for its emerging gas sector. In February this was followed by our report specifically on Tanzania's Natural Gas Policy (NGP)...more

What does the Supreme Court’s UARG decision mean for you?

In a highly anticipated decision last week, the Supreme Court struck down a portion of EPA’s so-called Tailoring Rule for greenhouse gas emissions. By its Tailoring Rule, EPA had attempted to regulate certain stationary...more

Russia's Second Renewable Energy Auction Gives Both Glimmer of Hope and Cause for Concern

Having one of the richest conventional energy reserves in the world, Russia has traditionally downplayed the importance of renewable power generation. Therefore, it is not surprising that compared to other countries' policy...more

Proposed Implementing Legislation for the Mexican Energy Reform Will Create an Open, Competitive Electrical Power Industry

The Mexican Congress is debating a historic package of legislation to restructure the nation’s electrical power sector. This legislation will create a more open and competitive power industry in Mexico, giving the private...more

Texas Supreme Court Holds Cost to Remove Carbon Dioxide Injected in Enhanced Recovery Operations Is Properly Deductible from...

On June 27, the Supreme Court of Texas issued an opinion in Marcia Fuller French, et al v. Occidental Permian Ltd., No 12-002 (Tex. June 27, 2014), a case closely followed by the oil and gas industry. In its unanimous...more

China Update - June 2014 #2

In This Issue: - Quote of the Week - U.S.-China Relations - China News - Energy & Environment and Trade - Excerpt from U.S.-China Relations: 6th Round of the US-China Strategic and...more

US House of Representatives Passes Bill to Expedite LNG Exports

On June 25, 2014, the US House of Representatives approved H.R. 6, the Domestic Prosperity and Global Freedom Act, by a 266-150 vote. The Energy and Commerce Committee reports that the bill, authored by Rep. Cory Gardner...more

Tennessee – 2014 Legislative Highlights

Effective January 1, 2015, the method of issuing tax assessments and the informal conference process available to taxpayers will be revamped. 2014 Tenn. Pub. Acts 854. Touted as being more taxpayer-friendly, the two most...more

Perils of “Other Provisions” in the Model Form JOA

Scriveners, when you add those “Other Provisions” in Article XVI of your model from JOA’s, are you sure that the document remains internally consistent, that no “Other Provision” conflicts with the form?...more

Oil & Gas, Mines & Minerals – Security under the Alberta Builders’ Lien Act

When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for unpaid contractors, labourers and suppliers who have “improved” lands. This includes those providing materials or...more

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

Tennessee Gas Decision: Oil & Gas Implications

On June 6, 2014, the U.S. Court of Appeals for the DC Circuit ruled that the FERC violated the National Environmental Policy Act (NEPA) by improperly "segmenting" its NEPA analysis of a four-part upgrade to Tennessee Gas...more

ACER 2014 REMIT Report Confirms Continued Inquiries into Market Conduct

ACER calls for substantial funding increase to enable more aggressive monitoring and enforcement efforts in coordination with national regulators. On Tuesday 10 June 2014, the Agency for the Cooperation of Energy...more

Texas Supreme Court weekly orders (6/14)

In its order list for June 20, 2014, the Texas Supreme Court issued opinions in eight cases and granted review in one case. In this post, I will summarize the opinions in four cases, and also describe the case in which the...more

Allen v. El Paso Pipeline GP Co., L.L.C., C.A. No. 7520-VCL (Del. Ch. May 19, 2014) (Laster, V.C.)

In this opinion, the Court of Chancery applied the two-pronged Tooley standard to determine whether a plaintiff’s breach of contract claims in the limited partnership context were derivative or direct. Finding such claims to...more

Abengoa Yield PLC Highlights From IPO

Abengoa Yield plc began trading on the NASDAQ on June 13th. The Form F-1 (the equivalent of a form S-1 for a foreign issuer) is available below. The IPO was priced at $29 a share. This was above the expected range of $25 to...more

China Update - June 2014

In This Issue: - Quote of the week - U.S.-China Relations - Chinese Embassy News - Trade -Excerpt from U.S.-China Relations: White House Statement on Terrorist Attack in China - On May 22,...more

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