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

SEC Will Not Enforce Part of the Conflict Minerals Disclosure Rule

by Bracewell LLP on

On Friday, April 7, 2017, the acting Chief of the Securities and Exchange Commission (the “Commission”) Michael Piwowar released a statement that the Commission will not recommend enforcement of certain parts of its Conflict...more

"SEC Staff Provides Relief From Conflict Minerals Rule"

In statements released on April 7, 2017, the acting chairman of the Securities and Exchange Commission (SEC), Michael S. Piwowar, and the SEC's Division of Corporation Finance provided welcome news to companies concerning the...more

Budget 2017: Changes to Canadian Exploration Expense and Flow-Through Shares

by Bennett Jones LLP on

Canadian exploration expenses (CEE) are certain types of expenses incurred by oil and gas, mining and renewable energy corporations. CEE is 100 percent deductible in the year the expense is incurred. Certain types of CEE also...more

Indonesian feed-in tariffs – New rules may under-power the renewables sector

by DLA Piper on

Indonesia's new feed-in tariffs (FITs) for renewable energy present a conundrum. Will renewables flourish or fade in the new revenue environment? Investors will not welcome the lower tariffs under the new regime, but state...more

The new face of private equity

by DLA Piper on

There is a new face of private equity in the today's mining M&A market. Private equity is no longer willing to entertain opportunities which spruik only the potential for speculative capital gains. Rather, private equity is...more

Investing in renewable projects in Europe - January 2017

by Dentons on

The renewable energy market never stands still. Technical advances and the increased prevalence of competitive tendering mechanisms are driving down costs globally. Changes in political and economic conditions can transform...more

Recent Pro-Cooperative Decisions in Class Action Patronage Capital Cases

Cooperatives facing patronage capital lawsuits have recently enjoyed a series of favorable court opinions. Over the past few months, the Eleventh Circuit and state and federal courts in Florida have all dismissed claims for...more

Recent Regulatory Developments and the New US Presidential Administration's Actions Affecting Public Companies

by White & Case LLP on

There have been several recent developments and proposed initiatives related to deregulation impacting US public companies and foreign private issuers ("FPIs"). Below is a brief summary of regulatory changes that have been...more

Non-compliance with carbon market rules could result in substantial penalties

by Dentons on

Ontario’s cap and trade program, which launched in January 2017, includes a number of rules regarding participation in the carbon market where emission allowances and offset credits are bought and sold. The stated purpose of...more

Repeal of Resource Extraction Disclosure Rule

by Morrison & Foerster LLP on

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

Resource Extraction Disclosure Requirements are Dumped

by Dorsey & Whitney LLP on

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

by Dorsey & Whitney LLP on

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

The Resource Extraction Disclosure Rules are Dead

by Locke Lord LLP on

On January 31, 2017, Republican lawmakers in the House introduced a resolution (“HJ Resolution 41”), relying on the Congressional Review Act, intended to kill the SEC’s disclosure rules for payments made by resource...more

Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going...more

Congress Votes to Disapprove SEC’s Resource Extraction Disclosure Rule

by McGuireWoods LLP on

In previous posts, we discussed the potential impact of the SEC’s Resource Extraction Payment Disclosure (Rule 13q-1), including possible FCPA implications and the development of an appropriate compliance plan. After the...more

Bridging Valuation Gaps and Other Barriers to M&A in the UK North Sea

Chrysoar, a little known oil company, backed by U.S. private equity (PE) firm EIG Partners, made headlines this week when it purchased $3.8 billion of North Sea assets from Shell. The sale comprises more than half of Shell’s...more

Congress Approves Resolution to Rescind SEC’s Resource Extraction Payments Disclosure Rule

Key Points - - Congress acts to repeal the SEC’s Resource Extraction Payments Disclosure Rule. - Full repeal is subject to President Trump’s signature. - Once enacted, all future administrations...more

Blog: Time to say goodbye to the Dodd-Frank Resource Extraction Disclosure Rules?

by Cooley LLP on

In an opinion piece in the WSJ, House Majority Leader, Kevin McCarthy, said that the House will soon be taking “the ax” to the SEC’s rules on Disclosure of Payments by Resource Extraction Issuers, mandated under Dodd-Frank,...more

Renewable Energy Investor Group Asks FERC to Designate Certain Passive Equity Interests in Public Utilities as “Non-Voting...

On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more

There’s Still Time For Congress To Void The SEC’s Resource Extraction Rule

by Allen Matkins on

Last June, the Securities and Exchange Commission belatedly adopted a rule requiring disclosure of resource extraction payments by issuers. As I wrote at the time...more

Energy incentives and opportunities to invest in renewable technologies

by DLA Piper on

Opportunities to invest in the renewable energy sector in the United Kingdom have shifted quite dramatically since March 2015. Severe cuts to the Feed in Tariffs (FITs) scheme and the closing of the Renewable Obligations...more

The Pursuit of Basin Consolidation and Contiguous Acreage Positions: Weighing the Risks and Benefits

The dramatic decline in oil and gas prices that began in 2014 has led many financial sponsors and exploration and production companies to consolidate assets and focus their funds on areas that can generate economic returns...more

New UK Foreign Investment Controls May Restrict PE Deals

by Latham & Watkins LLP on

As part of UK Prime Minister Theresa May’s new industrial strategy, private equity deal teams should expect a more interventionist approach to the acquisition of strategically important UK businesses by foreign buyers. The UK...more

Energy Private Equity and the Looming Specter of Clawbacks

In recent months, managers of private equity funds in the energy sector have been facing a scenario they likely never imagined: having to return millions of dollars of their “carried interest” earnings back to investors....more

Private Placement as Defensive Tactic Considered in Context of New Takeover Bid Rules

by Bennett Jones LLP on

On October 24, 2016, the British Columbia Securities Commission and the Ontario Securities Commission (together, the Commissions) released their much anticipated reasons for their July 22, 2016, order, In the matter of Hecla...more

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