Energy & Utilities Updates

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News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Russian Legislation Update: May 2016

Currency Control - On 13 April the Government adopted Resolution No. 300 regarding, among other things, currency control bodies. Due to the abolishment of the Federal Service for Fiscal and Budgetary Supervision,...more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

CFTC proposes amendment to the RTO-ISO order: key takeaways

The Commodity Futures Trading Commission has issued a notice of proposed amendment to a 2013 order (the RTO-ISO Order) exempting certain electric energy transactions from various provisions of the Commodity Exchange Act (CEA)...more

Confluence of Emissions Regulations Favor Renewable Energy Investment (Part 2)

In yesterday’s Part 1, we discussed the Environmental Protection Agency’s (EPA) rules regulating emissions from existing and new stationary electricity generating units. In today’s post, we discuss EPA’s regulations regarding...more

EPA Releases Proposed Renewable Fuel Volume Requirements

On May 18, 2016, the U.S. Environmental Protection Agency (EPA) announced a proposed increase of the renewable fuel volume requirements under the Renewable Fuel Standard (RFS) program for all biofuels in 2017 and...more

UK Shale: Fracking is Given the Green Light

Recent developments in fracking in the UK - On 23 May 2016, the North Yorkshire County Council voted in favour of an application by Third Energy to extract shale gas from an existing onshore gas well in northeast England...more

Eagle Take Permit Program Revamped – Longer Permits and Clearer Mitigation Requirements

The United States Fish and Wildlife Service (“USFWS”) recently proposed revisions to its regulations authorizing take of bald and golden eagles. The Bald and Golden Eagle Protection Act (“BGEPA”) imposes criminal and...more

What’s To Know About the Defend Trade Secrets Act of 2016

Congress has passed the Defend Trade Secrets Act of 2016 and the president is expected to sign it into law. The DTSA allows suits in federal court for misappropriation of trade secrets. Before the DTSA, most litigants would...more

Hydro relicensing and intervention timing

The Federal Energy Regulatory Commission issues hydropower licenses for terms of up to 50 years. At least 5 years before license expiration, the licensee is required to notify the Commission and the public whether it intends...more

Act on wind turbine investments

On May 20, 2016, the Sejm (lower chamber of the Polish Parliament) adopted an Act on wind turbine investments (the “Act”). From the very beginning of the legislative process, i.e., from the moment when the bill of Act...more

New York State Continues its Push to Reform State Utility Markets

On May 19, 2016, the New York State Public Service Commission (the “PSC”) released Filing No. 749 entitled “Order Adopting a Ratemaking and Utility Revenue Model Policy Framework,” which was made in furtherance of the State’s...more

ARPA-E Provides $300,000 In Third Round Funding For PETROSS Project

In May of 2016, the DOE's Advanced Research Projects Agency - Energy (ARPA-E) awarded the University of Illinois and the University of Florida $300,000 to continue researching ultra-productive biofuel crops. ...more

Trouble Down the Pipeline? What Sabine Oil & Gas Corp. May Mean For The Midstream Service Sector

Recently, the Bankruptcy Court for the Southern District of New York issued an opinion in In re Sabine Oil & Gas Corp. that permitted the debtor, Sabine Oil & Gas Corporation ("Sabine") to reject certain gathering and...more

Massachusetts Ranks Second and Boston Ranks Seventh in the 2016 U.S. Clean Tech Leadership Index

Last week, Clean Edge published a report titled the “U.S. Clean Tech Leadership Index” (“Index”) that ranked Massachusetts as the second state and Boston as the seventh metro area in the U.S. according to its scoring...more

Full Court Press: EPA Issues Final Rulemakings and a Draft Information Collection Request in Its Ongoing Effort to Reduce Methane...

As part of President Obama’s Climate Action Plan: Strategy to Reduce Methane Emissions, the U.S. Environmental Protection Agency (“EPA”) on May 12, 2016 released a suite of final actions and a proposed action that are focused...more

Confluence of Emissions Regulations Favor Renewable Energy Investment (Part 1)

GOP Presidential Candidate Donald Trump made several sweeping promises while on the campaign trail vowing to reopen shuttered mines and bring coal back to its dominance of a decade ago. These promises, however, are dated as...more

Submissions Now Open For Bioenergy 2016: Mobilizing The Bioeconomy Through Innovation Posters

On May 16, 2016, the DOE's BETO invited applications for abstracts for the poster session of the ninth annual conference Bioenergy 2016: Mobilizing the Bioeconomy through Innovation. Poster abstracts are due by June 3, 2016,...more

EPA to Reduce Methane Emissions from the Oil and Natural Gas Industry

On May 12, the U.S. Environmental Protection Agency (EPA) released final regulations (the Rules) aimed at reducing methane emissions from certain new and modified oil and gas facilities by 40% to 45% from 2012 levels by 2025....more

Congressional Energy Roundup

Fracking Insider Readers: Below, please find this week’s Congressional activity on oil and gas issues: - House: - “Investigating the Culture of Corruption at the Department of the Interior.” Committee on Natural...more

Monaco-Based Company Alleges Extortion Following Media Reports of Mass Bribery

On May 16, a Monaco-based industrial solutions company released a statement denying claims made in a media report that linked the company to allegations of bribing foreign government officials to secure contracts within the...more

Renewable Energy Update - May 2015 #3

Renewable Energy Focus - Voter support for clean energy policies up since last presidential election - Solar Industry Magazine - May 18 - A new survey by Lazard Ltd., a financial advisory and asset management...more

Emergency Groundwater Sustainability Plan Regulations Adopted By California Water Commission

Key Principle: Sustainable Management Through Local Efforts - The California Water Commission unanimously adopted a demanding set of regulations to govern the creation and implementation of groundwater sustainability...more

Competitors in the Courtroom: When to Exclude a Party’s Designated Representative from Hearing a Competitor’s Trade Secrets

“You sued them. They stay, period.” This is the conclusion a Texas trial court came to when asked to exclude the designated representative of a party from a hearing where an employee of the other party, a direct competitor,...more

California Environmental Law & Policy Update - May 2016 #3

Environmental and Policy Focus - In sharp reversal, California suspends mandatory water restrictions - New York Times - May 18 - The State Water Resources Control Board (SWRCB) on Wednesday suspended its...more

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