Energy & Utilities Updates

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

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

Outer Continental Shelf Leasing: BOEM Withdraws Controversial Sole Liability Orders

On February 17, 2017, the Bureau of Ocean Energy Management (“BOEM”), which manages oil and gas leasing in the Outer Continental Shelf, announced that it is withdrawing previously-issued orders to sole liability property...more

The Texas Supreme Court Clarifies “Common Carrier” Status Criteria

Client Alert Takeaways Background This article is a supplement to our previous note discussing the regulatory regime for the transportation of CO2 across public and private land in the United States and the procurement of...more

Senegal's new Mining Code

In October 2016, the Senegalese Parliament passed a new Mining Code (the New Mining Code), which affects the way mining permits are processed, places additional social and environmental obligations on mine operators and...more

Your Daily Dose of Financial News

A review of the Fed minutes released yesterday shows the willingness of some Fed Governors to start rate raising again sooner rather than later....more

ITC Macomb-Orchard Trail Subject of Media Attention

ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television. I have discussed my representation of a large ownership group being impacted by ITC’s takings that...more

Key Issues for Sellers to Consider When Selling Trade Receivables on Electronic Platforms

Online receivables auction platforms are growing in number and prevalence, spurred by commercial and regulatory developments in the commodities and banking industries. This briefing looks at some of the high-level issues that...more

Advanced Bioeconomy Leadership Conference March 1-3, 2017, Washington D.C.

The Advanced Bioeconomy Leadership Conference 2017 (ABLC 2017) will be held March 1 - 3, 2017, at the Mayflower Hotel in Washington, D.C. ABLC is the gathering point for top leaders in the Advanced Bioeconomy -- bringing...more

MSHA decides that the White House’s Regulatory Freeze Does Not Apply to its New Rule

MSHA decided to move forward with its controversial Examination of Workplaces in Metal and Nonmetal Mines Rule without regard to a White House Memorandum requesting federal agencies to delay rules for sixty days. (see our...more

French Legal and Regulatory Update

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

Repeal of Resource Extraction Disclosure Rule

On February 14, 2017, President Trump approved Congress’ joint resolution to repeal the SEC’s resource extraction disclosure rule. That action effectively brings to a conclusion the SEC’s efforts to implement a resource...more

California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout...more

Saudi Arabia’s Vision 2030 – Securing PPP Value for Money and the Criticality of Monitoring and Root Cause Analyses

Introduction - Much of the PPP debate in Saudi Arabia has focussed on the importance of shifting the public sector expenditure burden to the private sector. Wherever this has been the sole focus of a PPP programme, the...more

Blurry Boundaries of Oil & Gas Joint Ventures Under the Securities Act and the Exchange Act

In Sec. & Exch. Comm’n v. Sethi Petroleum, LLC, 4:15-CV-00338, 2017 WL 192666, at *1 (E.D. Tex. Jan. 17, 2017), the Eastern District of Texas, Sherman Division, issued an opinion that clarifies the often-blurry boundaries...more

FERC and CPUC Approve Utilities’ Innovative Request to Own a 50 MW Solar Project in Partnership with a Tax Equity Investor

For the first time, a regulated electric utility, Liberty Utilities (CalPeco Electric) LLC (“Liberty”), recently obtained all state and federal regulatory approvals to partner with a tax equity investor to acquire, own, and...more

Joint Letter To Trump On China’s Trade Barriers

On February 7, 2017, the Renewable Fuels Association, Growth Energy, and the U.S. Grains Council sent a joint letter to President Donald Trump to request the Administration’s assistance in addressing China’s recent...more

California Environmental Law & Policy Update - February 2017 #3

Environmental and Policy Focus - Scott Pruitt confirmed to lead EPA - Los Angeles Times - Feb 17 - President Donald Trump’s nominee to run the Environmental Protection Agency (EPA), a climate-change...more

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

Top Five Issues to Watch in Arizona Water Law

Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

Mineral Lease Prevails in Louisiana Royalty Dispute

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations....more

CAISO Urges Flexibility and Coordination to Advance Distributed Energy Resource Aggregations at FERC

As previously covered by K&L Gates’ Global Power Law and Policy blog, on November 17, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to remove barriers so that electric...more

New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources

On January 19, 2017, the Federal Energy Regulatory Commission (FERC or Commission) issued a new policy statement entitled “Utilization of Electric Storage Resources for Multiple Services When Receiving Cost-Based Rate...more

Resource Extraction Disclosure Requirements are Dumped

Canadian miners and oil & gas companies should be aware that on February 14, 2017, President Trump approved a joint resolution of Congress that disapproved a recent SEC rule requiring specific disclosure by resource...more

A Long and Winding Road Ends for Resource Extraction Disclosure

On February 14, 2017, President Trump approved a joint resolution of Congress that disapproves the SEC’s rule requiring specific disclosures by resource extraction issuers, effectively repealing the rule. The rules required...more

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