Energy & Utilities Updates

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TX House Subcommittee Hears Testimony from Railroad Commission Seismologist on Proposed Rules Related to Disposal Wells in...

Following the Texas Railroad Commission’s recent proposal for additional rules related to disposal wells in “high-risk” seismic areas, on Monday, August 25, members of the Texas House Subcommittee on Seismic Activity heard...more

Finding Your Fix: Removing the price fix for gold and silver may cause a rethink on the reliance on spot prices in contracts

Removing the price fix for gold and silver may cause a rethink on the reliance on spot prices in contracts - First published in Mining Journal, August 2014 The fix is finished. Amid ongoing technological and...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

A Look Ahead – What’s Next for the Oil & Gas Industry in 2014

With 125 days left in 2014, we find ourselves looking at What’s Next for the oil & gas industry in the Marcellus and Utica Shale Plays for the remainder of 2014. It has been an eventful year and with just four months until...more

Legislature Adopts Historic Sustainable Groundwater Management Act

Act Imposes Groundwater Management and Reporting Requirements on Local Agencies - On Friday night, the California Legislature adopted a lawmaking package, including Senate Bills 1168 and 1319 and Assembly Bill 1739,...more

The Future of Liquefied Natural Gas (LNG) Exports under the Department of Energy’s Revised Review Process

During the last two years, we have seen the U.S. Department of Energy (“DOE”) pick up the pace in granting conditional authorizations for companies to export liquefied natural gas (“LNG”) to countries that do not have a Free...more

EPA Sends Final Targets For 2014 Biofuel To OMB

On August 22, 2014, the U.S. Environmental Protection Agency (EPA) sent the final 2014 Renewable Fuel Standard (RFS) rule to the Office of Management and Budget (OMB) for its review and formal publication in the Federal...more

EPA Reinforces Standards to Use "Representative Data" After Sierra Club

On January 22, 2013, in Sierra Club v. EPA, the US Court of Appeals for the District of Columbia issued an opinion that addressed some Prevention of Significant Deterioration (PSD) permitting program issues. Following this...more

The Shale Play Today - August 2014

In This Issue: - A Look Ahead - What's Next for 2014: With 125 days left in 2014, we find ourselves looking at What's Next for the oil & gas industry in the Marcellus and Utica Shale Plays. It has been an...more

U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

Extraordinary Rendition and Ripples From the Chinese Corruption Investigations

As many of you know, I am a recovering trial lawyer. So I was very interested when I received a book for review by Paul Batista, entitled Extraordinary Rendition. Not only is Batista a practicing trial lawyer specializing in...more

Ten Things to Know About the 2014 North Carolina Legislative Session

The North Carolina General Assembly has completed its 2014 session. During this “short session,” Legislators focused primarily on adjusting the second year of the State budget enacted last year, but also considered a number...more

August Fracking Roundup

Various news sources are reporting on a coming “re-fracking” boom targeting older, low- or non-producing wells that may benefit from enhanced oilfield recovery techniques. For example, Reuters is reporting that the fast pace...more

Tax Policy Issues Prepare for a Rumble on the Gridiron

The clock is running out on the 113th Congress. While the calendar says we are not quite at the two-minute warning, with a truncated September congressional schedule and the campaign season taking up much of the fall, the...more

D.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure

The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some...more

Texas Supreme Court to Hear Defamation Case Involving Fracking Claims

On August 21, 2014, the Texas Supreme Court agreed to hear oral arguments in an ongoing dispute between a homeowner and Texas-based oil driller Range Resources Corp. The case is not a typical homeowner vs. oil driller...more

Drilling Bill Fails in Assembly

SB 1096 (Jackson), which sought to foreclose the possibility of oil drilling in state waters from wells that could be drilled at Vandenberg Air Force Base, was defeated in the Assembly on Tuesday...more

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection...

The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of...more

New Opportunities for California Arise from Mega Cable Merger

In an earlier post, we talked about the FCC’s review of the Comcast-Time Warner Cable merger heating up with more than 65,000 comments filed this week. Folks in California may be interested to know that the California Public...more

Red Notice Newsletter - August 2014

Welcome to the August 2014 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, the former CEO of an aviation company pleads guilty to participating in an...more

Freedom to Contract Prevails in New Mexico

Is freedom to contract a good thing for everybody? First Baptist Church of Roswell v. Yates Petroleum Corp. says yes, and confirms that the public policy in New Mexico is freedom to contract. In this case, it was to avoid...more

Should You Pay for Something You’re Not Getting? The Pennsylvania Supreme Court Will Take Up Shedden v. Anadarko E&P Company, L.P.

The Pennsylvania Supreme Court will consider whether an oil and gas lessee’s refusal to pay a “bonus” on acreage that the lease supposedly conveyed to it, but that the lessor did not own at the time of leasing and had not...more

ML Strategies Energy and Environment Update - August #3

This week, ML Strategies’s Director of Government Relations, Bryan Stockton, provides an update on the clean energy provisions in the Senate’s tax-extenders package and details scenarios for their extension as the midterm...more

BIS Publishes Rule on Export Prohibitions to Russia

On August 6, 2014, the Bureau of Industry and Security (BIS) of the Department of the Treasury published a rule on export prohibitions to Russia on items for use in its energy sector. The rule also added one person, United...more

The Yield Created by the Yieldco

In our post on August 19, “Yieldcos – The New “Promised Land” of the Renewable Energy Space?”, we explored the Yieldco structure and why some renewable energy companies are considering them. We will now turn our attention to...more

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