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FERC Provides Important Guidance Regarding Confidentiality Agreements and “Duty to Support” Clauses

Yesterday, I wrote a blog post describing a FERC order that, for the first time ever, would have allowed an interstate oil pipeline to grant preferential rates and capacity rights to shippers making volume commitments through...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

House Ways and Means Chair Camp Releases Comprehensive Tax Reform Proposal

As expected, House Ways and Means Committee Chair Dave Camp (R-Mich.) released his long-awaited tax reform discussion draft on Wednesday, February 26, in which he seeks to lower the individual and corporate tax rates as well...more

Common time limits for trade and shipping claims – a print-out guide

Introduction - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law...more

Texas Supreme Court Upholds Gas Utility's Rate Schedule Containing a Cost of Service Adjustment Clause

On January 17, 2014, the Texas Supreme Court held that the Railroad Commission of Texas (the "Commission") has the authority to adopt a gas utility rate schedule providing for automatic annual adjustments based on increases...more

PA Tax Law News -- December 2013

In This Issue: Fuel Taxes Increased to Solve Transportation Funding Shortfall; PA Supreme Court Upholds Rejection of Township Business Privilege Tax; Unclaimed Property - Challenge to Delaware’s Auditing Procedures;...more

Transport: New French Scheme for Information on CO2 Emissions caused by Transportation Services having France as their Origin or...

Since October 1, 2013, companies active in the transportation of goods or passengers, as well as moving companies, offering transportation services having either their origin or their destination in France are subject to an...more

European Parliament approves new funding opportunities for infrastructure projects

Summary - On 19 November, the European Parliament (“EP”) voted to approve the Connecting Europe Facility (“CEF”) Regulation. The CEF Regulation is likely to become law early in 2014. The CEF Regulation is a funding...more

“The Masters of their Contractual Fate” – how not to get trapped into a contract before you are ready to commit

A recent High Court decision, Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872, serves as a timely reminder of the care parties must take when negotiating new deals so as not to become bound when they do not yet wish...more

Mexico Projects: Get Ready, Get Set . . .

Development opportunities in Mexico are expected to abound in the coming years with the support and sponsorship of the Mexican government. By all accounts, it appears to be full steam ahead for Mexico in the infrastructure...more

Competition Issues In Resources Projects Exclusivity In Supply Chains – July 2013 (Australia)

INTRODUCTION - Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain...more

Eleventh Circuit Rules Alabama’s Sales Tax on Railroads Violates 4R Act; What’s Next?

In the latest decision in the ongoing saga between CSX and the Alabama Department of Revenue (“ADOR”), the Eleventh Circuit U.S. Court of Appeals ruled that Alabama’s imposition of sales tax on diesel fuel purchases by...more

Competition Issues In Resources Projects - Sharing Infrastructure (Australia)

INTRODUCTION - Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often...more

Expanded U.S. Sanctions on Iran Effective July 1, 2013

President Obama has issued a new Executive Order that goes into effect July 1, 2013. The Executive Order targets new areas of the Iranian economy for sanctions, including exchange transactions involving Iranian Rials and...more

Is That Covered? Tanker Fire

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

Alaska Passes Legislation to Support Energy Industry Projects

The 2013 Alaska Legislature passed three significant pieces of legislation and appropriated hundreds of millions of dollars for projects that will support the energy industry before it adjourned in April, with a Republican...more

California Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulations

Lessors of tractors or trailers may be subject to California's regulations pertaining to the reduction of greenhouse gas emissions. California's regulations pertain to heavy-duty tractors and 53-foot or longer box-type...more

EU defines scope of expanded Iran sanctions, including new natural gas, metals and vessels/ tankers bans

On 21 December 2012, the Council of the European Union (EU) adopted the EU-wide legislation clarifying important details of the expanded sanctions measures already agreed by the Council in broad terms on 15 October 2012.1...more

TRANSACTIONAL: Transaction: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to Provide Protection and...

The use of port liability agreements to allocate ship-shore liability in a marine casualty event has been widely adopted by U.S. LNG import terminals. As many of these terminals transition to bi-directional operations, they...more

Record Gas Prices Impact Local Business

Gas prices are high everywhere, but California is suffering from the highest prices in the United States. When the cost of filling the gas tank forces more and more people to make basic economic choices between driving and...more

Based On Economic Loss Rule and Consequential Damages Clause, Supreme Court Holds That Plaintiff Had No Tort Claim

In El Paso Marketing, L.P. v. Wolf Hollow I, L.P., the Texas Supreme Court decided that the economic loss rule and a consequential damages clause eliminated a power plant owner’s claim against a pipeline company for...more

FERC Denies Market-Based Rate Application

Failure to provide detailed cost data relating to the provision of oil transportation service causes FERC to deny a pipeline's request to charge market-based initial rates....more

Transactions - The Top 10 Issues Facing the LNG Industry in 2012

A version of this article was published in the Oil & Gas Journal, Volume 110, Issue 2. Already witness to a number of changes in recent years, the global LNG industry in 2012 is likely to see further changes as...more

The Risks and Benefits of Blending on Board – Are You Getting the Right Mix?

Introduction For logistical and economic reasons, which are considered below, there is an increasing trend (especially in the oil trade) for blending, doping and dyeing cargoes on board vessels. This client...more

McAfee & Taft RegLINC - September 2011

INSIDE THIS ISSUE: 1 Long-term reauthorization of CFATS remains uncertain 2 Potential impact on pesticide use in production agriculture 3 PHMSA publishes ANPRM: Safety of gas transmission pipelines NRC’s framework...more

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