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General Business Energy & Utilities Constitutional Law

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Conflict Minerals Update – SEC Releases Guidance Following District Court Decision

by White & Case LLP on

On April 3, 2017, the US District Court for the District of Columbia (the "Court") entered a final judgment in National Association of Manufacturers, et al. v. Securities and Exchange Commission,1 ruling that Section 1502 of...more

Italian Constitutional Court Backs Feed-in Tariff Cuts – What's Next?

by McDermott Will & Emery on

On 24 January 2017, the Italian Constitutional Court published decision no. 16/2017 confirming the constitutional legitimacy of the so-called spalma incentivi law, which reduced the feed-in tariffs for photovoltaic plants...more

Oil Pipeline Rate Regulation under Review by FERC – Is There a Place for the Consumer Voice?

by Moore & Van Allen PLLC on

Oil pipeline rates must be just and reasonable and may be challenged by their customer shippers and the Federal Energy Regulatory Commission (FERC) under the Interstate Commerce Act (ICA). FERC has observed through monitoring...more

Albany County Supreme Court Vacates New York PSC Reset Order Related to Retail Electric Supply Companies

by Reed Smith on

A New York Supreme Court recently vacated the New York Public Service Commission’s order that would have significantly altered the structure of the New York retail electric market. Although vacated, the matter has been...more

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

by Morgan Lewis on

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

Business Litigation Report - June 2016

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications - Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and...more

Trial Court Dismisses Georgia Patronage Capital Lawsuits

On May 2, a trial court in DeKalb County, Georgia, dismissed two class action patronage capital lawsuits filed against Oglethorpe Power Corporation, Georgia Transmission Corporation (GTC) and certain distribution electric...more

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

by Moore & Van Allen PLLC on

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

D.C. Circuit Reaffirms Previous Conflict Minerals Decision: Disclosure Requirement Violates First Amendment

by Beveridge & Diamond PC on

In a 2-1 decision, a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit reaffirmed its previous decision striking down a narrow portion of the U.S. Securities and Exchange Commission’s (“SEC”) conflict...more

Mexico’s Energy Reforms and Dispute Resolution System

by DLA Piper on

In 2013, Mexico’s President submitted an initiative to Congress to modify the Mexican Constitution to allow private parties to perform exploration and production activities in Mexico. The initiative also included...more

Blog: This Year’s Conflict Minerals Filings Show Some Improvement, According To Early Review

by Cooley LLP on

An early review of conflict minerals filings for the 2014 reporting period shows improvement in “detail, clarity and quality,” according to this article in BNA. As reported by Elm Sustainability Partners, a conflict minerals...more

San Juan Capistrano Tiered Water-Use Rates Decision

by Best Best & Krieger LLP on

The Fourth District Court of Appeal’s decision finding that San Juan Capistrano’s tiered water-use rates structure violated Proposition 218 generated a lot of news coverage, as these structures are likely to be a tool water...more

Mexico’s Energy Revolution Series: Mexico's Oil and Gas Exploration and Production

In This Issue: - Introduction - A Monumental Constitutional Amendment - Understanding the New Risk Contracts - Navigating the Regulatory Environment - Investment...more

Conflict Minerals Filings—Round Two

It’s that time of year again. Form SD filings are due June 1st (May 31st falls on a Sunday). For those who have been diligently working on your company’s annual report and proxy statement, it is time to turn your attention...more

Blog: Will Congress Revisit The Conflict Minerals Rule?

by Cooley LLP on

According to a Bloomberg BNA report, a representative of the Chamber of Commerce, one of the plaintiffs in National Association of Manufacturers, Inc. v. SEC, the conflict minerals case currently pending in the DC Circuit,...more

Tennessee Tax Year in Review

Bradley Arant Boult Cummings LLP’s State and Local Tax Team would like to share our year-end review—revisiting some interesting Tennessee tax developments for 2014 and announcing our annual “Tennessee Tax Issue of the Year.”...more

Mexico’s Energy Reform Provides Significant Opportunities in Oil and Gas Exploration and Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas exploration...more

D.C. Circuit Upholds Order No. 1000, FERC’s Landmark Transmission Planning and Cost Allocation Rulemaking Order

On August 15, 2014, the United States Court of Appeals for the District of Columbia Circuit unanimously affirmed Order No. 1000, a landmark set of rules approved by the Federal Energy Regulatory Commission (FERC) in 2011 to...more

Energy Reform With Respect to Hydrocarbons

by White & Case LLP on

This Client Alert has the purpose of briefly analyzing the key provisions of the Hydrocarbons Act (the “Act” or the “HA”) and the Hydrocarbon Revenues Act (the “HRA” or, together with the HA, the “Hydrocarbon...more

Issuance of the Mexican Secondary Laws in Connection with the Constitutional Energy Reform

by Holland & Knight LLP on

As of Aug. 11, 2014, all the secondary laws pertaining to the Mexican Energy Reform (published Dec. 20, 2013), were published in the Mexican Official Gazette. The scope of the secondary laws published on Aug. 11, 2014,...more

Missoula, MT and Apple Valley, CA Team Up for Water Fight

by Nossaman LLP on

In what might appear as a strange pairing, the city of Missoula, Montana and Apple Valley, California are collaborating on how to take back their local water systems. As reported by the Missoulian, the water systems for both...more

New Debt Enforcement Act Significantly Impacts Stakeholders In Puerto Rico’s Energy & Infrastructure Sectors

On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcemen enabling certain Commonwealth public corporations in financial distress...more

Mexico Projects Part V: Upcoming CFE Projects

by Shearman & Sterling LLP on

One of the goals of the Mexican Constitutional reforms opening both the oil and gas and electricity sectors to private investment is to make the Comisión Federal de Electricidad (CFE) an “empresa productiva del Estado” (a...more

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

Further Clarification On The Constitutionality Of Exported Coal Reclamation Fee Is Delayed

by Holland & Knight LLP on

The D.C. Circuit has decided against ruling on the substance of whether the Abandoned Mine Land reclamation fee and the regulatory methods the Office of Surface Mining uses to collect it on exported coal create an...more

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