Energy & Utilities Finance & Banking

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Property Assessed Clean Energy (PACE) Legal Update – November 2015

In the past few months, we have seen some decisions regarding Property Assessed Clean Energy Loans (PACE loans) that may open the doors for additional states, counties, and local municipalities to authorize, create, and fund...more

ESMA Issues Public Statement on Collateralization of Bank Guarantees for Energy Derivatives

On November 19, the European Securities and Markets Authority (ESMA) issued a public statement (Public Statement) regarding its decision not to extend the current three year grace period which permits non-financial firms to...more

South Africa Accepting Proposals For Funding Of Advanced Biofuel Production

On November 16, 2015, The Technology Innovation Agency (TIA) of South Africa called for submissions of Statements of Interest focusing on the demonstration of 2nd and 3rd generation biofuel production technologies. TIA...more

Devo Deals - Sheffield, North East and Tees Valley Signed - Northern Powerhouse Series

We are beginning to see Devo Deals take shape - all subject to the outcome of the Autumn Spending Review, and the progress of the Cities and Local Government Devolution Bill (CLGD) through Parliament. Sheffield City Region's...more

Addressing Climate Change in SEC Filings and Other Public Disclosures: What These Disclosures Mean for Businesses

Regulatory agencies are focusing on required climate change-related disclosures in securities filings and other public disclosures, seeking to ensure not only that such disclosures are made, but also that they are supported...more

Ontario Government Consulting on Proposed Design of the New Cap-and-Trade Program

The Ontario Ministry of the Environment and Climate Change (MOECC) has released details of its proposed cap-and-trade program designed to address climate change through the reduction of greenhouse gas (GHG) emissions. On...more

Deja vu Oil Over Again

Why this downturn will be just like, and nothing at all like, the last one In the mid-1980s, the price of crude oil dropped by more than half in a matter of months. By 1986, oil was trading around $10 a barrel, down from...more

Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs....more

Africa Update - November 2015 #3

Leading the News - Egypt: On November 12th, officials at the U.S. National Transportation Safety Board (NTSB) and the Federal Bureau of Investigation (FBI) noted while they had offered assistance to both Egyptian...more

FERC Clarifies Policy on Simultaneous Exchange Transactions

FERC reiterates that simultaneous exchanges between affiliates require prior approval and clarifies the types of transactions covered by this policy and the showing necessary to receive FERC approval....more

Energy Newsletter - November 2015

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by Retroactive Legislative Changes - Introduction: In recent years, project developers,...more

New Mining Code in Gabon to Give a Major Boost to Investments

“Gabon remains unexplored” is the conclusion of the Société Equatoriale des Mines (“SEM”), a wholly-owned State company created in 2011 to facilitate the development of the country’s natural resources. Developing the mining...more

Reducing the Proportion of Nuclear Energy in France: The Legal Weaknesses of an Electoral Promise

As one of the main measures contributing to the creation of a new French energy model, the energy transition law of 17 August 2015, caps the proportion of electricity to be produced from nuclear plants....more

Global infrastructure: South Korea's vision - South Korea: Building for the future

South Korea is taking big strides globally with infrastructure financing, as both state-owned agencies and private banks fuel new investment in major ventures. With projects under way in countries as far flung as Mexico,...more

New Delaware Chapter 11 Filing – Parallel Energy LP

Parallel Energy LP, an oil and natural gas developer in Texas and Oklahoma (TSX: PLT.UN), and one affiliate have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No....more

Trade & Manufacturing - November 2015

Little Used House Procedure Saves the Ex-Im Bank - Who would have guessed that congressional supporters of the Export-Import Bank (Ex-Im) would have used a House procedure established over 100 years ago, and not used...more

Re-examining the Take-or-Pay Obligation in LNG Sale and Purchase Agreements

Since almost the inception of the LNG industry, the “take-or-pay” contract structure has become perhaps the defining characteristic of long-term LNG sale and purchase agreements (SPAs). The benefits of the traditional...more

Foley Hoag Climate Update: November 2015

Only five weeks ahead of COP21, the Ad Hoc Working group on the Durban Platform for Enhanced Action (ADP) – the subsidiary body of the UNFCCC – held its 11th Part of its 2nd Session in Bonn, Germany, from 19th until 23rd...more

Alert: Climate Change and Pension Fund Investments

On October 22 the US Department of Labor ("DOL") issued Interpretive Bulletin 2015-01 (published in the Federal Register on October 26 and effective on that date) setting forth its supplemental views concerning the legal...more

Renewable Energy Update - November 2015 #2

Renewable Energy Focus - Carbon war erupts between states over Obama power plan - Bloomberg: - Nov 4: In the era of global climate change, the phrase “war between the states” has taken on a new dimension. An 18-state...more

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

Renewable Energy and Climate Change Update

International negotiations on climate change have been ramping up. It is looking increasingly likely that a new global treaty on climate change will be concluded by the end of the year in Paris. Based on the current state...more

Africa Update - October 2015 #4

Leading the News - Tanzania: On October 25th, voters in Tanzania went to the polls to vote for a candidate to replace outgoing President Jakaya Kikwete, who was unable to run for a third term under the country’s...more

Fibra E Trusts | Energy and Infrastructure Investment Vehicle

On 29 September 2015, the Fourth Set of Amendments to the Annual Tax Regulations for the 2015 fiscal year (“Tax Regulations”), which create and regulate a new investment vehicle called an energy and infrastructure investment...more

Key Policy Initiatives from Canada's New Liberal Government You Need to Anticipate

The Canadian election last week (October 19) produced a new government under Liberal Party leader Justin Trudeau. Defying speculation of a minority government, the Liberals won a clear majority, defeating the NDP and Stephen...more

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