General Business Energy & Utilities

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EU Strengthens Economic Sanctions Against Russia

The European Union (EU) put into effect on Friday (September 12, 2014) a new round of economic sanctions against Russia over its role in Ukraine. ...more

New U.S. Restrictions on Russia: OFAC Guidance and Industry-Specific Sanctions

OFAC Expands the 50 Percent Rule - Last month, the Department of Treasury’s Office of Foreign Assets Control (OFAC) released new guidance related to entities owned or controlled by persons designated as a Specially...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

What Does “Sprawling Litigation” Look Like?

It looks like what you’d expect: a bunch of litigants spending lots of time at a courthouse in Goliad, Texas, with no end in sight. After much ”sprawl” in Harkins v. Northshore Energy it came down to the meaning of this...more

Sanctions: European Union significantly toughens its stance towards Russia

Note: This is an update to our last bulletin on this subject of 13 August 2014. The new measures are relevant to Harneys' core jurisdictions: Cyprus, the British Virgin Islands and the Cayman Islands. Concurrent with...more

How To Integrate E-Discovery Into Business Processes In Five Steps

With little notice, compliance officers, in-house counsel, and other legal professionals for organizations in the oil and gas industry may be required to hand over sensitive files in response to compliance, regulatory, or...more

China Update - September 2014

In This Issue: - U.S-China Relations - Chinese Embassy News - Energy & Environment - Trade - Excerpt from U.S.-China Relations: Ambassador Baucus Remarks on Corruption: On August 15,...more

Drilling at depth – proposed changes to subterranean rights

The government’s consultation on underground drilling access for the extraction of gas, oil and geothermal energy came to an end on 15 August 2014. The consultation sought views on the government’s proposal to introduce new...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

North Dakota Good Faith Purchasers: At What Point is Notice Relevant?

The Question - In order to be a good faith purchaser, a party must not have actual or constructive notice of another’s rights. Northern Oil and Gas v. Creighton asked, When should the determination of whether a party...more

Malian Mining Sector Update: Mining Licenses Revocations and Mitigation Strategies

On 31 July 2014, the government of Mali announced that approximately 30 % of all mining permits—spanning a surface area of more than 5,000 square miles—had been cancelled in order to “clean up the sector.” Permits revocations...more

Ukraine Crisis Update: US and EU Expand and Align Sanctions

The US and EU take coordinated action to broaden and align their Russia-related sanctions — which may evolve further depending on Ukraine peace plan progress. On September 12, 2014, the US and the EU announced new and...more

United States Tightens Sanctions Against Russian Financial, Defense, and Energy Sectors

On September 12, 2014, the United States issued another round of targeted sanctions against the Russian financial, defense, and energy sectors. Today’s measures were a combination of new measures and modifications of prior...more

Some PURPA Qualifying Facilities are More Qualified Than Others

In a fascinating decision last week, a divided panel of the 5th Circuit Court of Appeals held that the Texas Public Utilities Commission had authority to limit the universe of “Qualifying Facilities” under the Public...more

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

US and EU Impose Additional Sanctions on Russia

The United States and European Union implemented new sanctions against Russia on 12 September 2014 as a result of the ongoing crisis in Ukraine. While the new US and EU measures share many similarities, companies subject to...more

Fracking Strategies

Advancements in the technology for the development of shale gas resources are expected to open doors to exploitation of shale gas reserves worldwide. In that context, we look at the scope of protection and the issues...more

AB 1103 Update: Postponement of Certain Nonresidential Building Energy Use Disclosure Requirements

Under California Assembly Bill 1103 (“AB 1103”, codified as California Public Resources Code Section 25402.10), owners and operators of nonresidential buildings must disclose certain building energy performance data to a...more

RRSP Eligibility for Renewable Energy Co-Operatives: Could there be a solution at last?

One of the major obstacles facing renewable energy co-operatives is the concern that, although they are a co-operative for the purposes of the Cooperative Corporations Act (Ontario) (the “CCA”), they may not be co-operatives...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar: A rare look at the FIDIC form of contract

Introduction - Mr Justice Akenhead's judgment in the case of Obrascon Huarte Lain SA v Her Majesty's Attorney General for Gibraltar[2014] EWHC 1028 (TCC) provides judicial guidance on the interpretation of certain key...more

California Energy Commission Delays Compliance With Energy Disclosure Program for Smaller Nonresidential Buildings

The California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases. The first phase took effect on January 1, 2014 and applies to nonresidential buildings of at least...more

Why the Rush to Form Yieldcos?

In last week’s post, we did an analysis of several recent Yieldcos. As we stated, a number of significant developers in the renewable energy space have either formed Yieldcos, filed for an initial public offering of Yieldco...more

Ivory Coast Mining Code Update: Adoption of the Implementing Legislation

As highlighted in our client alert of March 7, 2014, the Ivorian Parliament approved a new mining code (the “New Mining Code”) on March 5 which aimed at modernizing the mining sector and increasing its...more

Subcontractors Score a Victory in Federal Court

On August 27, in In re Heritage Consolidated, L.L.C., the Fifth Circuit Court of Appeals granted subcontractor’s lien rights to two oil and gas drilling contractors. The Court reversed a district court ruling which upheld a...more

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