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Energy & Utilities Updates

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

Fate of U.S. - Canada dam license in question

by PretiFlaherty on

The holder of the U.S. federal hydropower license for a dam spanning the international border with Canada border has petitioned for approval to surrender that license, citing economic considerations. At issue is the Forest...more

FERC Gets Another Round on Energy Storage

On April 13, the Energy Storage Association filed a complaint at the Federal Energy Regulatory Commission against PJM Interconnection, arguing that PJM’s recent changes to how it determines the benefit of a limited-energy...more

Maine community solar procurement bill, LD 1444

by PretiFlaherty on

This week a committee of the Maine state legislature is scheduled to hold a public hearing on a bill that would direct state regulators to enter into long-term contracts to procure 120 megawatts of large-scale community solar...more

The standard of fairness in South African law – a case for the petroleum industry

by Dentons on

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without...more

The MSHA Quarterly Stakeholder Conference: Workplace Examination Rule and Working Alone Initiative

The Mine Safety and Health Administration (MSHA) held its quarterly stakeholder teleconference on April 25, 2017. The call served three purposes: (1) It provided an update to the timeline of the agency’s final Examinations of...more

Saudi Arabia PPP Update – Vision 2030 and the National Transformation Programme, Malaysian Economic Cooperation, and the New Saudi...

by King & Spalding on

King Salman Abdulaziz Al-Saud’s recently concluded 31-day trip to Asia saw Saudi Arabia and Malaysia sign a series of four memoranda of understanding (MOUs) relating to economic cooperation, trade, investment and human...more

SDNY District Court Upholds Rejection of Mineral Gathering Agreements

by LeClairRyan on

The U.S. District Court for the Southern District of New York, in the case of HPIP Gonzalez Holding, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), recently affirmed three decisions of the U.S. Bankruptcy Court...more

Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

by Faegre Baker Daniels on

It has been over thirty years since the last major overhaul of the U.S. tax code, President Reagan's Tax Reform Act of 1986. That process took over two years and required cooperation between the President and both parties in...more

EU Publishes Report on Progress of Renewable Energy Sources

by Bergeson & Campbell, P.C. on

On April 3, 2017, the European Environment Agency (EEA) announced the publication of the report titled “Renewable Energy in Europe 2017: Recent Growth and Knock-On Effects,” which demonstrates that renewables have been a...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Taking security over gas in storage

by Dentons on

Despite recent fluctuations in the European gas markets, we have seen an increased interest among lenders in taking security over gas in storage, or over rights to gas in storage. This article explains the key issues for...more

Trouble Ahead? Lobbying Underway to Prevent the Extension to the Industrial Emissions Directive

by Latham & Watkins LLP on

The Industrial Emissions Directive (IED) is the main EU instrument that regulates emissions from industrial installations (including power stations) and came into force on 6 January 2011. Its objective is to achieve a...more

LNG-to-power: Key Bankability Considerations for FSRU-to-IPP Project Structures

by King & Spalding on

Introduction/Synopsis - The growth of “LNG-to-power,” by which we mean the use of regasified LNG as a feedstock fuel for power generation, is largely attributable to a combination of economic, political and technical...more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

by Latham & Watkins LLP on

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This...more

Southern California Environmental Update #3 – April 2017

by Stoel Rives LLP on

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. ...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Uganda - A bright future

by Hogan Lovells on

Peter Hood is a solicitor and Hogan Lovells consultant currently living in Kampala, Uganda who specialises in business and human rights and international arbitration. He recently gave two guest lectures to law students at...more

Commodities Taking a Tumble – Are Prices Going Down the Drain?

by Fox Rothschild LLP on

I am not sure if you have been watching, but the price of oil, gold futures and platinum futures are on the decline, according to Bloomberg Markets. ...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Committee hearing on “A Review of the Technical, Scientific, and Legal Basis of the WOTUS (Waters of the United States) Rule.”...more

ET Rover Suffers Two Spills in Ohio

by Clark Hill PLC on

During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio. The landscape of America is crisscrossed by millions of linear feet of...more

BETO Hosts Algae Cultivation for Carbon Capture and Utilization Workshop

by Bergeson & Campbell, P.C. on

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting an Algae Cultivation for Carbon Capture and Utilization Workshop on May 23-24, 2017, in Orlando, Florida. The event will feature...more

Host Country Benefits of Export Projects

by King & Spalding on

Hydropower, as an affordable, reliable and sustainable source of electricity, has played an important role in the growth and industrialisation of many emerging market economies, including Laos, Kenya, Sarawak (Malaysia),...more

Implications of declaration of boundaries of Konebada Petroleum Park - The Minister for Lands and Physical Planning has recently...

by Dentons on

The Minister for Lands and Physical Planning has recently declared a significant portion of land (including sea areas) on the Western side of Port Moresby to be the Konebada Petroleum Park (KP Park) under section 3(4) of the...more

Collateral Attack on Final Judgment Disallowed

by Strasburger & Price, LLP on

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground...more

U.S. Fifth Circuit Affirms Application of the Subsequent Purchaser Doctrine in Oilfield Contamination Case, Recognizes “Clear...

by Liskow & Lewis on

In Guilbeau v. Hess Corporation, the United States Fifth Circuit Court of Appeals unanimously affirmed the application of Louisiana’s subsequent purchaser doctrine to bar a plaintiff’s claims for property damage resulting...more

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