Energy & Utilities Updates

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.
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Sustainable Development Update - October 2016 #4

Sustainable Development Focus - New LEED version to spur green building - Commercial Property Executive - Oct 20 - Green energy continues to advance, with a major milestone set for November 1. That’s when...more

Development of court practice regarding property tax on energy-efficient buildings

On 16 September 2016 the Commercial Court of Kemerovo Region delivered a decision in case No. A27-13534/2016. In the context of the case, the court considered a dispute between OOO Novostroy and the Federal Tax Service...more

Companies Tap Into Battery Power to Cut Energy Bills

All kinds of companies are using batteries to cut expenses and reduce demand for new power plants. Over the past few years, there has been a major upward tick in the number of U.S. companies that have started installing...more

Boletín Mensual de Comercio Internacional: Septiembre - Información con énfasis en la Regulación Comercial y de Arbitraje...

Durante el mes de Septiembre destacan los siguientes temas: Contenido Nacional, Comercio, Inversión Extranjera, Normalización, Competencia, Medio Ambiente, Subvenciones, Prácticas Desleales, Servicios Transporte Aéreo, ISDS....more

Due Process Required for Environmental Remedy Selection: Appellate Division Rules NYSDEC Must Afford Responsible Parties an...

Hodgson Russ LLP and Greenberg Traurig LLP successfully challenged the New York State Department of Environmental Conservation’s (NYSDEC) ability to implement a remedy without first providing a party an opportunity for a...more

Texas Senate Holds Public Hearing on EPA Regulations

On Sept. 28, 2016, the Senate Committee on Natural Resources and Economic Development held a public hearing on one of the committee’s interim charges for the 84th Legislative Session. The topic for discussion at the hearing...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - October 2016

A Note from the Editors - Our October edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. In Leaders in the News,...more

The launch of the Green Economy Programme

This article provides a summary of the key points addressed by the Minister of Energy (the “Minister”) at the launch of the Green Economy Programme (the “Programme”). The launch took place in the Municipality of Nelson...more

Russia Moves on the Regulation of its Arctic Continental Shelf Resources

In the course of the meeting held in September 2016 between President Putin and the Russian government, Mr Sergey Donskoy, the Minister for Natural Resources and the Environment, announced that it had been decided to impose a...more

Our view on the splitting of a mining licence

There is no provision in the Mines and Minerals Act that expressly provides for or deals with a splitting of a mining licence by a holder into several smaller licences (or the conversion of any part of such licence into a...more

Biofrontiers Platform Releases Policy Recommendations For EU’S 2030 Climate Goals

On October 11, 2016, the Biofrontiers platform, a group of industry and civil society stakeholders brought together by the European Climate Foundation, released policy recommendations for the European Union’s (EU) 2030...more

Northern Pass Transmission public utility status

New Hampshire utility regulators have issued an order conditionally authorizing Northern Pass Transmission LLC to operate as a public utility, with respect to its proposed 192-mile, high-voltage electric transmission line...more

Struggling to Produce: Heirs to Claimed Royalty Interest Acquired in Late 1800s in 9,200-acre Tract in Texas Fail to Pass...

On Monday, Oct. 10, 2016, dozens of claimed heirs to a one-half mineral interest allegedly obtained in the late 1800s in a 9,200-acre tract of land in Brooks County, Texas, filed a Petition for Review with the Texas Supreme...more

False Financial Statements Not Always Actionable

A Houston federal court recently held that neither an oil and gas company nor two of its directors were liable for federal securities fraud—and were not liable to shareholders—even though the company issued annual financial...more

Oklahoma Federal Court Denies Injunctive Relief in Wind Farm Nuisance Suit

A recent decision in the U.S. District Court for the Western District of Oklahoma, Terra Walker et al. v. Kingfisher Wind, LLC, No. 5:14-cv-914-D, Doc. 160 (W.D. Okla. Oct. 13, 2016), could sound a death knell for nuisance...more

Clinton or Trump? On Energy, the Choice Is Natural Gas

Natural gas will be the clear winner whether you vote for Hillary Clinton or Donald Trump in the upcoming presidential election. While their proposed energy plans are widely different—Clinton is calling for major investments...more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

What To Know About PHMSA's New Emergency Authority Rule - October 2016

Law360, New York (October 24, 2016, 11:47 AM EDT) -- On Oct. 14, 2016, the Pipeline and Hazardous Materials Safety Administration published an interim final rule (IFR) establishing procedures to implement new imminent hazard...more

Failure to Report Uplift Payments, Capacity Sales, Corrective Action Taken, Highlight FERC EQR Audit

The Federal Energy Regulatory Commission’s (FERC) recent audit of a company participating in numerous wholesale power markets highlights errors that can occur with electronic quarterly reports as well as the actions suggested...more

FERC Issues ANOPR on Revisions to Oil Pipeline Indexing Policies and Reporting Requirements

On October 20, 2016, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an advanced notice of proposed rulemaking (“ANOPR”) seeking comments on potential revisions to (1) the Commission’s policies for...more

Financing Increased Demand On Pre-Existing Services Constitutes “Additional Services”

California Court Decision Rules on Mello-Roos Community Facilities Act of 1982 - Community Facilities Districts formed by a landowner vote may be used to finance increased demand on pre-existing services, a California...more

Ukraine’s Energy Efficiency Fund

Efficiency dilemma In common with other post Soviet countries, Ukraine suffers from very low energy efficiency and a high level of energy consumption in its economy. Key primary sources of energy are coal and natural gas...more

Texas Courts Continue Their Romance With Arbitration

The lessons in Craddick Partners Ltd. v. EnerSciences Holdings, LLC are three: Parties who have not signed an agreement to arbitrate have standing to compel arbitration; artful pleading to avoid arbitration won’t work; and...more

Update on the regulation of the Moroccan electricity sector

As host of the upcoming COP22, Morocco has been pursuing the liberalisation of its energy sector. On 4 May 2016, Morocco's House of Counsellors adopted the law No.48-15 (the "Law") in order to regulate the electricity sector...more

Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more

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