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Energy & Utilities Updates

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

Legislative Update: Oil & Gas Related Bills Introduced in the 2017-2018 Legislative Session

by Stoel Rives LLP on

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Below are the latest updates on a list of bills, summarized pursuant to the...more

Saskatchewan Court of Appeal Clarifies Priority Rules for Builders' Liens Arising in Connection with the Recovery of Minerals

by Bennett Jones LLP on

The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more

Federal Bill Proposes Streamlined Pipeline Permitting, Vesting Authority in FERC

by Stoel Rives LLP on

On July 19, 2017, Republicans in the U.S. House of Representatives passed legislation that grants the Federal Energy Regulatory Commission (“FERC”) increased autonomy over pipeline approvals. The bill, Promoting Interagency...more

In partnership with the PRC

by Hogan Lovells on

During 2016, South Africa (SA) exported some US$6.8 billion (about 9.2% of our total exports) to the People’s Republic of China (China). This is about 25% more than SA exported to the USA in the same year....more

Sustainable Development Update - July 2017 #3

by Allen Matkins on

Sustainable Development Focus - Shading and lighting retrofits slash energy use in office demonstration - Phys.org - Jul 11 - By using advanced lighting and automated shades, scientists from the Department of...more

State Programs to Encourage Zero-Emitting Generation are Really, Really, Constitutional

Hard on the heels of decision upholding the Illinois “zero-emission credit” program to prop up nuclear plants in that state, Judge Valerie Caproni of the South District of New York has now upheld a similar ZEC program in New...more

Oil And Gas Update For Week Ending 7/21/2017 – PA Supremes On The Environmental Rights Amendment, Third Circuit On “Buyers For...

by Cozen O'Connor on

After a few weeks off we’re back at the well. The national rig count dipped two units last week for the first time in a long time while oil and natural gas prices increased slightly. Since our last report, the Pennsylvania...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

by Downey Brand LLP on

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

Third Circuit Rejects Unsecured Oil Producers’ Claims of Automatic Perfection

by King & Spalding on

On July 19, 2017, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued an opinion, upholding a district court’s ruling that downstream purchasers took oil purchased from a bankrupt intermediary, SemGroup L.P....more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

U.S. Penalizes Exxon for Violating U.S. Sanctions on Russia, May Have Complicated How U.S. Companies Do Business in Russia

by Bass, Berry & Sims PLC on

On July 20, 2017, the U.S. Treasury Department Office of Foreign Assets Control (OFAC) announced that ExxonMobil (Exxon) must pay a $2 million penalty for violating U.S. sanctions on Russia.  On the same day, Exxon responded...more

Dallas Court of Appeals Reverses Partnership Verdict: Preliminary Agreements Precluded Partnership

by Bracewell LLP on

On Tuesday, July 18, 2017, the Dallas Court of Appeals reversed a $535 million judgment against Enterprise Products Partners, L.P. (Enterprise), finding that unfulfilled conditions precedent in Enterprise’s written agreements...more

Pipeline Partnership Verdict Reversed

by Gray Reed & McGraw on

Enterprise Products Partners, L.P. et al v. Energy Transfer Partners, L.P. et al reversed one of the largest jury verdicts in Texas history. You will like this decision if... ...more

Illinois District Court Rejects Federal Preemption Challenges to State Zero-Emissions Credit Program

by K&L Gates LLP on

On July 14, 2017, the U.S. District Court for the Northern District of Illinois issued an opinion dismissing challenges to the state of Illinois’ zero-emissions credit (“ZEC”) program. Illinois’ ZECs are tradable credits...more

EIA: U.S. Crude Oil Production Forecast Expected to Reach Record High in 2018

by Kelley Drye & Warren LLP on

“In EIA’s latest Short-Term Energy Outlook (STEO), total U.S. crude oil production is forecast to average 9.3 million barrels per day (b/d) in 2017, up 0.5 million b/d from 2016. In 2018, EIA expects crude oil production to...more

Third Circuit Rejects Oil Producers’ Security Interest Arguments In Midstream Provider’s Bankruptcy Proceeding

On July 19, the U.S. Court of Appeals for the Third Circuit decided an important case involving oil and gas producers, intermediaries, and the ultimate purchasers of the oil and gas. The case, a bankruptcy matter, is In re:...more

The Strange Case of OFAC Against Exxon for Sanctions Violations

by Michael Volkov on

In a bizarre enforcement action, The Treasury Department’s Office of Foreign Asset Control (“OFAC”) assessed a $2 million civil monetary penalty against ExxonMobil (“Exxon”) for violations of the Ukraine sanctions....more

BLM Proposes Rescission Of 2015 Hydraulic Fracturing Rule

by Fox Rothschild LLP on

Yesterday, the Bureau of Land Management (“BLM”) announced its recommendation that the hydraulic fracturing rule from 2015 entitled, “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” be rescinded – the Federal...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Cause for Concern Over Organic Fertilizer Made from Food Waste?

by Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

California Environmental Law and Policy Update - July 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

Texas Utility Company Sends in the Drones to Inspect 5-Miles of Power Lines

More and more utility companies are finding drones (or more formally, unmanned aerial vehicles (UAV)) useful, and cost effective, to inspect power lines in lieu of sending up their employees to carry out the dangerous task....more

The BKPM Is Licensing Authority In Oil And Gas Matters

by Morgan Lewis on

The Indonesian Minister of Energy and Mineral Resources (MoEMR) has delegated additional authorities to the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM) in issuing certain licenses for...more

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

by Snell & Wilmer on

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of...more

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