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Energy & Utilities Updates

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

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19799 - Middlebury v. Connecticut Siting Council Neighbors unsuccessfully challenged the modification of an approval for a new power plant before the Siting Council claiming...more

US: Supreme Court takes up constitutionality of inter partes review

by Hogan Lovells on

On June 12, 2017, the Supreme Court granted certiorari to decide the constitutionality of inter partes review, a proceeding before the Patent Trial and Appeals Board (PTAB) that allows third parties, typically alleged...more

FERC Conditional Approval of Natural Gas Pipeline Consistent with Clean Water Act Sequencing Requirements

by Moore & Van Allen PLLC on

In the midst of the U.S. energy boom, the expansion and modernization of the nation’s energy infrastructure has been a priority. The ramp up in shale natural gas production has spurred investments in pipeline projects,...more

West Coast Real Estate Update - June 2017 #1

by Holland & Knight LLP on

Google's New Office Space Could Have Huge Impact on Downtown San Jose - San Jose is the largest city in California's Silicon Valley, yet some of the tech industry's largest employers maintain their biggest offices...more

Mexico’s Energy Industry: Mexico Tender Round 2.1: Shallow Water Oil Sells Big

On June 19, 2017, the Comisión Nacional de Hidrocarburos (CNH) completed the Presentation and Opening of Bid Proposals for the First Tender of the Ronda Dos (“Round 2.1”), which was first announced on July 20, 2016. Round 2.1...more

Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. June 2, 2017 was the deadline by which the Legislature was required to pass...more

California Environmental Law & Policy Update - June 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump administration backs away from fight over California's power to set automobile emission standards - Los Angeles Times - Jun 15 - The Trump administration is backing off its...more

Little Action During Presidential "Infrastructure Week"

by Clark Hill PLC on

President Trump declared an “Infrastructure Week” but did not accompany it with specific actions to increase infrastructure expenditures. President Trump campaigned on promises to increase infrastructure spending. If this...more

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Uber CEO Travis Kalanick’s indefinite leave of absence just got a whole lot more definite with news late yesterday that, bowing to pressure from shareholders, Kalanick has resigned from his post altogether....more

Plain Language Prevails in Ohio: Oil and Gas Lease Remains Valid despite Failure to Pay Minimum Royalty Amount

by Blank Rome LLP on

Action Item: Oil and gas companies with leases in Ohio should review their lease language whenever challenged by a lessor as to lease validity. That language likely will determine the success of any claim. Ohio oil and gas...more

Using An Old Hammer in a New Context: ONRR and DOJ Adopt Aggressive False Claims Act Strategy for Royalty Underpayments

by Beveridge & Diamond PC on

The government is dramatically shifting its strategy for pursuing alleged underpayments of royalties owed on production from federal and Indian mineral leases. For decades, the Department of the Interior (“DOI”)’s Office of...more

EIA: U.S. Refineries Are Running at Record-High Levels

by Kelley Drye & Warren LLP on

According to the U.S. Energy Information Administration, “Gross inputs to U.S. petroleum refineries, also referred to as refinery runs, averaged a record high 17.7 million barrels per day (b/d) for the week ending May 26,...more

Some Will Always Have Paris: Withdrawal from the Climate Change Accord May Not Reduce the Heat on the Health Care Industry

President Trump’s decision earlier this month to withdraw the United States from the Paris Agreement—an international, nonbinding agreement to take steps to limit global temperature rise—followed a series of moves at the...more

Why Leaving the Paris Climate Accord Could Be a Good Thing

by Gray Reed & McGraw on

The climate change debate is too complex, agenda-driven, and politicized to be addressed adequately in these pages. But the hysteria and faux outrage over President Trump’s decision to withdraw from the Paris Climate Accord...more

Renewable Energy Update - June 2017 #3

by Allen Matkins on

Renewable Energy Focus - Can California really hit a 100% renewable energy target? - San Diego Union-Tribune - Jun 9 - California takes pride in its clean energy credentials, but the state may be poised to take...more

Valuation Of “Different” Property In Condemnation — Does a Developed Market Exist?

When real property interests are acquired by the power of eminent domain, the owner is entitled to receive “just compensation” in the form of fair market value for the property taken....more

D.C. District Court Determines that Dakota Access Environmental Assessment was Inadequate

On June 14, 2017, the District Court for the District of Columbia issued a decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. The Court found that the Army Corps of Engineers (“the Corps”) had not...more

Malware Capable of Shutting Down Electric Grids Confirmed

by Hogan Lovells on

Malware was recently identified that appears to have been designed and deployed by a nation-state to target and shut down electric grids. According to published reports, this malware currently appears to be capable of...more

Attorneys General Continue to Battle the Trump Administration Over Environmental Regulations

Democratic Attorneys General have continued their efforts to combat the Trump administration’s attempts to roll back environmental regulations developed under the Obama administration in two recent actions. Thirteen AGs,...more

North Sea Decommissioning - The Challenges Ahead

Where are we now? It all sounds simple enough. The dual objectives of the UK government today in relation to petroleum production from the North Sea are to maximise the economic recovery from domestic reserves and, once...more

Oil And Gas Update For Week Ending 6/16/2017 – PAPUC Issues Annual Report On Natural Gas Impact Fees.

by Cozen O'Connor on

Oil and natural gas spot prices continued their downward trend since our last report with the Henry Hub dipping below $3 for the second straight week, spot prices in Appalachia dipping below $2, and oil prices hovering around...more

The Stone Energy Bankruptcy: Lessons for the JOA

by Locke Lord LLP on

In 2011, Stone Energy Corporation and Triad Hunter, LLC entered into a development agreement for the exploration of about 4,200 acres in West Virginia under a 1989 form JOA. Each party owned 50% and Stone was designated as...more

Energy Hearings this Week

by Kelley Drye & Warren LLP on

House Appropriations Subcommittee on Energy and Water Development hearing on the budget for the Energy Department. Date: Tuesday, June 20, 1 p.m....more

DOE Announces $9 Million In Funding For Biomass Research And Development

by Bergeson & Campbell, P.C. on

On June 5, 2017, the U.S. Department of Energy (DOE), in collaboration with the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA), announced that up to $9 million in funding will be...more

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