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Energy & Utilities General Business Environmental

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

Brewer Anheuser-Busch InBev sets global renewable electricity goal by 2025

by PretiFlaherty on

World’s largest brewer Anheuser-Busch InBev SA – parent to brands including Budweiser, Corona, Rolling Rock, Michelob, and Stella Artois – has committed to sourcing its electricity entirely from renewable sources by 2025. The...more

Sustainable growth in the Middle East

by DLA Piper on

2016 saw the international community finally reach agreement for collective action on climate change with the rapid ratification and entry into force of the Paris Agreement. Micael Johnstone and Maher Ghanma assess the...more

2016 California Energy and Climate Legislative Update

by Morgan Lewis on

California took legislative action in 2016 aimed at addressing climate change, advancing renewable energy, and maintaining the state’s emphasis on safety in the energy sector. In 2016, the California legislature took...more

President Signs Repeal of the SEC's Extraction Payment Disclosure Rule

by Bracewell LLP on

Further to our February 2, 2017 Update, on February 14 the President signed legislation to annul the SEC’s Extraction Payment Disclosure Rule. The rule would have required public oil and gas companies to disclose in annual...more

IRS Issues Guidance on Tax Treatment of Energy Savings Performance Contracts

by McDermott Will & Emery on

On January 19, 2017, the Internal Revenue Service (IRS) issued Rev. Proc. 2017-19, 2016-6 I.R.B. (the Rev. Proc.), providing a safe harbor under which it will not challenge the tax treatment of an Energy Savings Performance...more

On the Horizon

by DLA Piper on

Welcome to the January 2017 edition of "On the Horizon" - the mining sector's guide to relevant upcoming legal, commercial and regulatory changes and developments. - In this guide, you will find ... Please see full...more

VW Fallout Continues: Mobile Source Emissions Enforcement Likely to Continue Full Speed Ahead under Trump Administration

by Snell & Wilmer on

The headlines generated by the Volkswagen emissions scandal continue to amaze the environmental community and the general public, both here and abroad. The events are shocking in part because they involve a household name in...more

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

by Foley & Lardner LLP on

If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing...more

Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining Industry

by Perkins Coie on

On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more

EPA Issues Financial Responsibility Requirements for the Hardrock Mining Industry and Announces Intent to Regulate Other...

by King & Spalding on

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and...more

Saudi Arabia unveils new US$50 billion water desalination programme - The Kingdom to offer privatisations as well as new water...

by King & Spalding on

The Ministry of Environment, Water and Agriculture of Saudi Arabia has announced a new water desalination programme involving private sector participation worth over an estimated US$50 billion. The programme will be...more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

by Stoel Rives LLP on

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more

Green Energy Can Complicate Real Estate Foreclosures

by Snell & Wilmer on

A quick drive through almost any newer residential community in the Southwest will show that a lot of residents are embracing “Green Energy” or renewable energy by placing solar panels on their properties. While most people...more

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

by Morrison & Foerster LLP on

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

FERC Proposes to Integrate Electric Storage into Organized Markets

by Morgan Lewis on

The proposed rule recognizes the physical and operational characteristics of electric storage resources and distributed energy resource aggregators and removes barriers to their participation in organized wholesale electric...more

FERC Proposes to Remove Barriers to Wholesale Market Participation for Electricity Storage and Distributed Energy Resource...

by McDermott Will & Emery on

On November 17, 2016, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking (NOPR) that, if adopted, would require organized wholesale electricity markets (RTO/ISO markets) to modify their...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation; Smaller Award to Biomass Facility

by McDermott Will & Emery on

The US Court of Federal Claims awarded damages of more than $206 million to Plaintiffs/applicants in a case with respect to the cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Public Law...more

SEC releases RfP for 2 solar projects – first of many opportunities for IPP and IWP developers

by Reed Smith on

Against a backdrop of persistently soft oil prices, the Kingdom of Saudi Arabia is pivoting away from the direct procurement of generation capacity and re-invigorating the privately-financed IPP model. As input costs fall and...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation

by McDermott Will & Emery on

The US Court of Federal Claims awarded damages of more than $206 million to the Plaintiffs in a case with respect to the cash grant program under Section 1603 of the American Recovery and Reinvestment Act of 2009 (the Section...more

The future of energy - the role of women and a new dynamic?

by DLA Piper on

These are exciting, but challenging times across the energy sector. The fall, and sustained depression of the oil price, the impact of shale gas, the development of new technology and the growing significance of renewables...more

OCC & Federal Reserve Report and Proposed Rules - Limitation on Banks Dealing & Investing in Metals and other Physical Commodities

by Reed Smith on

On September 8, 2016, as required by Section 620 of the Dodd-Frank Act, the Board of Governors of the Federal Reserve System (the “Board”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit...more

Reed Smith Prepares Enforceability Opinion for IECA New Master Netting Agreement

by Reed Smith on

On October 7, 2016, Reed Smith assisted the International Energy Credit Association (“IECA”) in preparing an enforceability opinion for the release its Master Netting Agreement (the “MNA”) under both English and U.S. law....more

Business Litigation Alert: "SEC Launches Investigation Into Exxon's Accounting and Climate Change Practices"

by Porter Hedges LLP on

In the face of dropping oil prices, the SEC has launched an investigation into how Exxon Mobil Corp. has valued its assets. While the value of competitors' assets have dropped dramatically since oil prices have plunged,...more

Shell Pays Big for Double Dipping with the UST Fund

Last week, the California State Water Resources Control Board (State Water Board) announced that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California UST Cleanup Fund...more

Merging Companies Tesla and SolarCity Among Entities Advocating Wider Role for Electric Storage Resources in RTO and ISO Markets

by Shearman & Sterling LLP on

In early August, Tesla Motors Inc., a manufacturer of advanced electric vehicles and battery energy storage systems, announced a deal to buy SolarCity Corporation, a developer of distributed energy resources, particularly...more

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