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

The federal-state energy regulatory divide: The new order after Learjet, EPSA and Hughes

by Dentons on

In three recent decisions (the Three Decisions), the US Supreme Court (the Court) drew a sharp dividing line between the authority of the Federal Energy Regulatory Commission (FERC or Commission) and that of the states to...more

Implications for the Power Sector of Recent Rulings by U.S. Supreme Court and FERC

One of the most important issues currently facing the power industry is the potential conflict between federal and state roles in power supply planning. Two recent developments at the federal level bear directly on this...more

U.S. Supreme Court Lets Natural Gas Act Preemption Seep Away

In Oneok, Inc. v. Learjet, Inc., No. 13-271 (April 21, 2015), the U.S. Supreme Court held in a 7-2 opinion that state law antitrust claims against defendant natural gas pipeline companies did not fall within the field of...more

What is Your Texas Legislature Doing for You Today?

by Gray Reed & McGraw on

The Texas legislature has been busy on energy. House Bill 40, similar to House Bills 539 and 540, steamrolled through the House of Representatives last week by a vote of 122 to 18. Reminds us of A L pitchers not...more

Amendment to the Kazakhstan Legal Regime for the Oil & Gas Industry

by White & Case LLP on

The Law of the Republic of Kazakhstan “On introduction of amendments and additions to certain legislative acts on subsoil use matters” No. 271-V 3PK was adopted on 29 December 2014 and, save for the specified provisions,...more

FERC Versus State Authorities: Supreme Court Agrees to Review ONEOK v. Learjet

On July 1, 2014, the U.S. Supreme Court granted a petition to hear an appeal by several companies contending that antitrust claims filed against them under state law over alleged manipulation of gas prices during the western...more

The Fourth Circuit Affirms District Court Decision Finding Maryland’s Contract for Differences Unconstitutional

As we reported (see link below), in October 2013, the United States District Court for the District of Maryland declared unconstitutional an order of the Maryland Public Service Commission (PSC) directing the state’s...more

Energy Newsletter - May 2014

by King & Spalding on

In This Issue: - Important Case on Subsurface Trespass Pending before the Texas Supreme Court - U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS - Texas...more

Maryland and New Jersey Programs Supporting New Generation Invalidated

by King & Spalding on

Two federal district courts recently found that the exclusive jurisdiction of the Federal Energy Regulatory Commission ("FERC") over wholesale sales of electricity under the Federal Power Act (the "FPA") preempts state...more

Federal Court Finds New Jersey’s Long-Term Capacity Pilot Project Unconstitutional

On October 11, 2013, the United States District Court for the District of New Jersey issued its decision in PPL Energyplus, LLC v. Hanna. This case follows a recent decision in which the U.S. District Court for the District...more

MD and NJ Programs Subsidizing New Power Plants Found Unconstitutional in Separate Federal Decisions

by Cozen O'Connor on

On October 11, 2013, New Jersey’s Long-Term Capacity Pilot Program (LCAPP) became the second state program designed to foster the development of new in-state power plants to be found unconstitutional in as many weeks. In late...more

"Fifth Circuit Holds That Electricity Agreements Are Shielded From Avoidance Powers Under Bankruptcy Safe Harbor"

In its recent decision in Lightfoot v. MXEnergy Electric, Inc. (In re MBS Mgmt. Serv., Inc.), No. 11-30553, 2012 U.S. App. LEXIS 15995 (5th Cir. Aug. 2, 2012), the United States Court of Appeals for the Fifth Circuit ruled...more

Is the Service Area of a Federally Indebted Water Utility Still “Sacrosanct” Under 7 USC 1926(b)?

by Jackson Walker on

Introduction: •What is 7 USC 1926(b) •Characteristics of Retail W/WW Service •Classic Service Encroachment Case •What Constitutes “Service Made Available” •Impact of Recent Court Decisions Please see full...more

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