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New EU Energy and Environmental State Aid Guidelines Adopted: Phase Out of Renewable Energy Subsidies in Sight

On 9 April 2014, the European Commission adopted its new Energy and Environmental State Aid Guidelines (the "EEAG") which will take effect from 1 July 2014 onwards, replacing the Environmental State aid Guidelines ("EAG")...more

Mandatory Reporting Standards For Payments By Extractive Industry Companies

The Government of Canada recently issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed standards) for payments by extractive industry companies to governments, both domestic and foreign,...more

Appellate Court Issues Opinion on SEC’s Conflict Minerals Rule

On April 15, the Court of Appeals for the D.C. Circuit issued its opinion in the challenge to the SEC’s Conflict Minerals Rule. We have reviewed the D.C. Court of Appeals decision and find that it leaves much of the SEC’s...more

What’s Next for Conflict Minerals Rules After D.C. Circuit Decision?

On April 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-anticipated ruling in the industry challenge to the Securities and Exchange Commission’s (SEC) conflict minerals...more

Conflict Minerals – Yet Another Update

If ever there was an SEC rule that refused to slip quietly into the books, it’s conflict minerals disclosure. With the May 31st Form SD filing deadline fast approaching, three things are happening: Companies are focusing for...more

Mandate Withheld In Conflicts Minerals Case

In a little known action, the Clerk of Court of the Unites States Court of Appeals for the District of Columbia issued an order in the conflicts minerals case to withhold issuance of a mandate until seven days after...more

CBP’s Approach to CEEs Continues to Evolve

On March 28, 2014, U.S. Customs and Border Protection (CBP) posted an updated version of its procedures for its Centers of Excellence and Expertise (CEEs) in response to a recent Federal Register notice and policy shifts by...more

Conflict minerals rule – limited portion invalidated; June 2 filing deadline looms

The US Court of Appeals for the District of Columbia has issued an opinion in the legal challenge to the conflict minerals rule adopted by the Securities and Exchange Commission in late 2012. A divided court concluded...more

Energy & Environment Update

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Energy - Department of Interior - Environmental Protection Agency - Government Accountability Office -...more

Court Invalidates Conflict Minerals Rule Because It Crosses First Amendment Line

In the end, it’s pretty simple. The court held the conflicts minerals rule and statute embodied in Dodd-Frank violate the First Amendment to the extent the statute and rule require regulated entities to report to the...more

D.C. Circuit Partially Strikes Down SEC Conflict Minerals Rules

On April 14, 2014, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in the challenge to the SEC’s conflict minerals disclosure rule filed by the National Association of Manufacturers (“NAM”) and...more

Mexico Projects Part III: Round Zero

As a follow-on to our client alerts “México Projects: Get Ready, Get Set . . .” and “México Projects Part II: Off to the Races!,” this alert summarizes one of the next steps of the Constitutional reforms opening both the oil...more

Appeals Court Opinion Changes Conflict Minerals Rules Compliance Landscape

On Monday, April 14, 2014, the U.S. Circuit Court of Appeals for the District of Columbia (the DC Circuit) struck down part of the federal rules requiring publicly traded companies to report on their use of “conflict...more

SEC Issues New FAQs on Conflict Minerals

On April 7, the Division of Corporation Finance of the Securities and Exchange Commission issued nine new responses to frequently asked questions regarding the disclosure of conflict mineral usage that is required by rules...more

Name And Shame No More?

The last few years has seen the rise of so-called “name and shame” laws. The aims of many these laws may be laudable, but yesterday’s decision by the Court of Appeals for the District of Columbia Circuit calls their...more

SEC Staff Issues Additional Guidance on Conflict Minerals

On April 7, 2014, the SEC Division of Corporation Finance (the Division) issued responses to nine frequently asked questions (FAQs) on the reporting requirements regarding conflict minerals originating in the Democratic...more

The United States Designates Seven Additional Ukrainian Individuals and One Energy Company under Executive Order 13660

On April 11, 2014, the US Office of Foreign Assets Control ("OFAC") issued further designations under Executive Order 13660 ("EO 13660"). EO 13360, which was signed on March 6, 2014, authorizes the United States to impose...more

DOMINICAN REPUBLIC—Recent Events in the Dominican Power Sector Open the Door for the Development of Power Generation Projects,...

Recent announcements of key projects in the Dominican power sector and actions taken by the government signal that this sector is finally taking meaningful steps aimed at resolving the structural problems that affect it,...more

Pemex Requests Mexico E&P Areas from SENER

On March 21, 2014 Petróleos Mexicanos (Pemex) submitted its "round zero" proposal to the Secretaría de Energía (SENER), Mexico's department of energy. Although the details of the proposal are not yet public, SENER has...more

Will Foreign-Owned Mining Companies Build Africa’s Rail and Seaport Infrastructure?

Latham & Watkins partners Glen Ireland, Chair of the firm’s Mining & Metals Industry Group, and Clement Fondufe, Chair of the Africa Practice, look at the challenges facing foreign-owned mining companies and discuss how...more

Energy Newsletter - April 2014

In This Issue: - UK Shale Exploitation: Securing Subsurface Access Rights - Taking the Road Best Travelled? CFE seeks electric-gas "convergence" - Pemex Requests Mexico E&P Areas from SENER -...more

New Rules For Energy Aid: EU Adopts Revised Guidelines For Assessment Of State Aid in The Energy Sector

For the first time, the European Commission has decided on comprehensive rules for the assessment of State aid in the energy sector. The new text adopted on 9 April 2014 will create the framework for the ability of EU Member...more

New SEC Guidance Provides Answers on Conflict Minerals Disclosures

As the deadline approaches for publicly traded U.S. companies to file new conflict minerals reports, the Securities and Exchange Commission (SEC) has issued new guidance designed to help companies prepare the mandatory...more

Development of Horizontal Drilling Techniques Drives Global Demand for Associated Fluids and Chemicals

Research and Markets, a leading international market research and market data firm, has released its report on Global Trends and Forecasts for Fracking Chemicals and Fluid Markets. The report estimates that the global...more

UK Shale Exploitation: Securing Subsurface Access Rights

In February, King & Spalding was invited to participate in an access rights workshop run by UK oil and gas regulator, the Department for Energy & Climate Change ("DECC"). The purpose of the workshop was to invite...more

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