Read Energy & Utilities Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Hot Energy Trends in 2014 by Polsinelli
Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Transbay Tower Groundbreaking
Consultant: BigLaw Growth is NOT Dead!
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Deryck Palmer on What’s Next for the Energy Sector
BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail
Regulatory Challanges When Bringing a Vehicle to Market in the United States
Who pays for road damage in Pennsylvania after ACT 13?
Marcellus gas fuels Natural Gas Vehicles
Natural gas encourages industrial and large commercial end-users to revisit their operational plans
Goldman Sachs' Conflicts at Center of Kinder-El Paso Deal
Is Fracking Safe?
The South Australian parliament yesterday passed amendments to the National Electricity Law (NEL) and National Gas Law (NGL) to give effect to the policy position of the Standing Council on Energy and Resources (SCER) in...more
On 15 October 2013, the recently elected Federal Government released a Consultation Paper and exposure draft legislation to repeal the carbon pricing mechanism, otherwise known as the Carbon Tax.
A settlement between the European Union (EU) and the Chinese government on the import of photovoltaic solar cells to the EU became effective on August 6, 2013. The settlement resolves a US $27 billion dumping and subsidy...more
A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions...more
Mining projects require rail and port access to get the resource from the mine to the export market. Owners and users alike are constantly looking for ways to improve the efficiency of the supply chain...more
Joint venture structures are frequently used to undertake large resources projects. A joint venture may be used to both develop a project and sell the output from a project.
Such joint ventures...more
In a recent ruling involving a joint purchase agreement, the Alberta Court of Appeal held that an agreement between competitors in the oil and gas industry to exclusively use one supplier over another did not constitute an...more
On June 6, 2013, the Federal Energy Regulatory Commission (“FERC”) issued an Order conditionally accepting the New York Independent System Operator, Inc.’s (“NYISO”) proposal to implement buyer-side and supplier-side market...more
Users of open access supply chains frequently seek to collectively negotiate various arrangements between themselves and with the supply chain operator. These negotiations and subsequent agreements often...more
At long last, Glencore has overcome the final regulatory hurdle and secured the approval of China’s Ministry of Commerce (MOFCOM) to acquire the 66 percent of Xstrata that it does not already own. But not before agreeing to...more
I. Introduction -
Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements.
In essence, take-or-pay provisions...more
Liberalization of the EU natural gas sector began almost two decades ago. Since then, the European Commission (the “Commission”) has used various mechanisms to facilitate market opening including competition law enforcement,...more
The Russian Federal Antimonopoly Service (“FAS”) has cleared Rosneft’s US$ 55 billion acquisition of TNK-BP, subject to divestments and conduct remedies. The deal will reduce the number of major oil companies in Russia from...more
The European Commission (“Commission”) has announced two formal proceedings to investigate potential competition law violations by energy companies in Eastern Europe. The Commission is investigating whether Bulgarian Energy...more
With the nip of winter in the air, the announcement of price increases by Britain’s largest natural gas and electricity firms raises the perennial debate about the competitiveness of energy markets. In a surprising...more
The Court of Justice of the EU (“Court of Justice”) has dismissed an appeal by the German energy company E.ON Energie AG (“E.ON”) against a lower court’s judgment upholding a European Commission (“Commission”) decision...more
Over the last year and a half, Canadian corporate culture has been undergoing significant change in response to new and vigorous enforcement of the Corruption of Foreign Public Officials Act (CFPOA) by the Royal Canadian...more
The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies. The doctrine is broadly applied and covers, for example, wholesale electricity rates that are filed with the Federal Energy...more
The Competition Commission of India (CCI) has started an investigation against Coal India Limited (CIL) alleging unfair trade practices and abuse of a dominant position in the supply of coal to power producers. If the...more
The U.S. Department of Commerce (Commerce) is upholding tariffs it proposed earlier this year on imports of Chinese crystalline silicon photovoltaic (PV) cells and panels. The decision is the agency’s final determination in...more
On September 20, 2012, the United States Court of Appeals for the Second Circuit affirmed KeySpan’s victory in Simon v. KeySpan, holding for the first time that the filed rate doctrine can bar private claims related to...more
The European Commission (Commission) fined E.ON and GDF Suez over EUR 1 billion for an alleged market sharing agreement dating back to the 1970s. On 29 June 2012, the EU’s second-highest court, the General Court, gave...more
In This Issue:
- Transactions: Mitigating Expropriation Risk of Natural Gas Projects
- Chinese investment in U.S. Energy: What works?
- FERC Issues New Rule to...more
NRG is settling the PUC’s claim to resolve price-gouging allegations of nearly $1 billion. Payment of $122,500,000, combined with an earlier payment of almost $300 million “captures significant value for California under...more
In a landmark decision on 4 April 2012, Pakistan’s Competition Commission (CCP) granted Siemens total immunity from fines for its cooperation in a cartel investigation relating to bid rigging in supplies to power companies....more