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Energy & Utilities Updates

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

BLM Proposes Rescission Of 2015 Hydraulic Fracturing Rule

by Fox Rothschild LLP on

Yesterday, the Bureau of Land Management (“BLM”) announced its recommendation that the hydraulic fracturing rule from 2015 entitled, “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” be rescinded – the Federal...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Cause for Concern Over Organic Fertilizer Made from Food Waste?

by Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

California Environmental Law and Policy Update - July 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

Texas Utility Company Sends in the Drones to Inspect 5-Miles of Power Lines

More and more utility companies are finding drones (or more formally, unmanned aerial vehicles (UAV)) useful, and cost effective, to inspect power lines in lieu of sending up their employees to carry out the dangerous task....more

The BKPM Is Licensing Authority In Oil And Gas Matters

by Morgan Lewis on

The Indonesian Minister of Energy and Mineral Resources (MoEMR) has delegated additional authorities to the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM) in issuing certain licenses for...more

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

by Snell & Wilmer on

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of...more

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a...more

Dallas Court Reverses Enterprise v. ETP Verdict, Reaffirming Efficacy of Conditions Precedent

by King & Spalding on

On July 18, 2017, the Dallas Court of Appeals (the “Court”) reversed the more than $535 million jury verdict against Enterprise Products Partners L.P. (“Enterprise”), leaving Energy Transfer Partners, L.P. (“ETP”)...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Climate change impacts global energy system, says Shell boss - The CEO of Shell, Ben van Beurden, has noted the importance of taking a global perspective on tackling...more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

by Reed Smith on

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not...more

House Passes Energy Legislation

by Kelley Drye & Warren LLP on

Last week, the U.S. House of Representatives passed a series of energy bills, including several aimed at advancing the nation’s pipeline infrastructure. Meanwhile, efforts to revive more comprehensive energy legislation –...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety hearing on “Developing and Deploying Advanced Clean Energy Technologies.” Date: Tuesday, July 25, 10 a.m....more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

by Mintz Levin on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

Dallas Court of Appeals Reverses Landmark Judgment on Common Law Partnership and Joint Venture Claims

by Jackson Walker on

On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

by Dentons on

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Renewable Energy Update - July 2017 #3

by Allen Matkins on

Renewable Energy Focus - California’s extension of cap-and-trade provides more certainty to cleantech - Greentech Media - Jul 18 - Late Monday night, California lawmakers approved a group of bills that extend the...more

MPUC to Disburse up to $2.5 Million from RGGI Trust Fund: Applications Due August 10

by Pierce Atwood LLP on

The Maine Public Utilities Commission (MPUC) is seeking applications from eligible Maine energy intensive manufacturing businesses for disbursements from Maine’s Regional Greenhouse Gas Initiative (RGGI) Trust Fund to off-set...more

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

by Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

DOE Awards $40 Million In Funding For Bioenergy Research Centers

by Bergeson & Campbell, P.C. on

On July 17, 2017, the U.S. Secretary of Energy Rick Perry announced that $40 million in Department of Energy (DOE) awards will be used to establish four DOE Bioenergy Research Centers (BRC) to be led by a DOE National...more

RICanada Welcomes Quebec Renewable Fuel Volume Requirements

by Bergeson & Campbell, P.C. on

Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy...more

Business Litigation Alert - "Enterprise Products v. ETP: No Legal Obligation really means No Legal Obligation"

by Porter Hedges LLP on

A Texas Court of Appeals ruled this week that when companies agree in writing that they have no legal obligations to proceed with a project, they mean it. That may appear to be a simple concept but a jury came to a different...more

Renewable Alert Letter 32: METI Operation Change - Changes to Business Plan before Completion of Transition to New FIT Scheme

A FIT facilities approval (setsubi nintei) under the old FIT Act may be deemed as a FIT business plan approval (jigyo nintei) subject to certain conditions under the new FIT Act. However, in order to complete the transition...more

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