Environmental Antitrust & Trade Regulation Energy & Utilities

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Petitioners Urge FTC to Investigate Utility’s Environmental Marketing Claims

This week, environmental activists in the state of Vermont filed a petition with the United States Federal Trade Commission (FTC) alleging that an electric utility made improper environmental marketing claims regarding its...more

ML Strategies’ Energy & Environment Update: July 2014 #4

For several years, solar arrays utilizing silicon photovoltaics have been central to driving the exponential growth of installed domestic solar capacity. However, an ongoing trade war spanning three continents and impacting...more

Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg....more

Solar Installer Alert: In Preliminary Determination, U.S. Commerce Department Imposes Countervailing Duties on Chinese Solar...

Late on Tuesday, June 3, 2014, the International Trade Administration of the Department of Commerce (ITA) released a Fact Sheet announcing an affirmative preliminary determination in the countervailing duty case against...more

Solar Installer Alert: ITA Delays Trade Case Decision on Chinese Solar Modules | ITC's U.S. Solar Industry Injury Investigation...

The U.S. International Trade Administration (ITA) has postponed its countervailing duty determination by about two months, leaving the solar industry hanging for a while longer....more

News Of Note - March 2014

Court Of Appeals Affirms Decision Imposing Duties On Chinese Magnesium Exporter That Lied To The Commerce Department – Cole Pfeiffer and Joshua Snead – The U.S. Court of Appeals for the Federal Circuit last month affirmed a...more

U.S. International Trade Commission Issues Preliminary Determination of Injury to US Solar Cell Industry from Imports of Certain...

By a vote on February 14, 2014, the U.S. International Trade Commission (ITC) made a preliminary determination of material injury to the U.S. solar cell manufacturing industry due to low-priced Crystalline Silicon...more

China Announces Final Determinations in Antidumping and Countervailing Duty Investigations into Solar-Grade Polysilicon from Korea...

On January 20, 2014, the Chinese Ministry of Commerce (MOFCOM) published Notice No. 5 [2014], imposing definitive antidumping (AD) duties on imports of solar-grade polysilicon from Korea and the United States. On the same...more

Trade War Continues – China Hits U.S. Solar Material Suppliers with Final Anti-Dumping and Anti-Subsidy Duties

In a move viewed by many as retaliation against the U.S. for the anti-dumping and countervailing duties assessed by the U.S. against Chinese solar panels, China recently finalized its anti-dumping duties on imports into China...more

SolarWorld Files New Anti-Dumping and Anti-Subsidy Cases against China and Taiwan Solar Cells

On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a...more

EU/China Solar Settlement Becomes Effective

A settlement between the European Union (EU) and the Chinese government on the import of photovoltaic solar cells to the EU became effective on August 6, 2013. The settlement resolves a US $27 billion dumping and subsidy...more

Solar Power in Europe: EU imposes anti-dumping tariffs on Chinese imports

We commented in a previous alert that the European Commission had launched an investigation into "dumping" of solar panels in the European market by Chinese companies. Yesterday (4 June 2013) it was announced that the...more

Energy Newsletter - March 2013

In This Issue: *REGULATORY: - U.S. Regulatory; EU Regulatory: Cybersecurity Efforts to Secure Critical Infrastructure including the Energy Sector Advance in the United States and European Union -...more

Washington Energy Update - October/November 2012

In This Issue: - When Energy and Antitrust Worlds Collide — Sixth Circuit Rules That Filed-Rate Doctrine Did Not Bar Price Discrimination Claim Against Electric Utility - California Cap-and-Trade Scheme -...more

REGULATORY: D.C Regulatory: The FTC’s Revised Green Guides Provide Direction for Renewable Energy Marketing Claims by Harold Shaw...

The Federal Trade Commission (“FTC”) recently adopted revised Guides for the Use of Environmental Marketing Claims (“Green Guides”).[1] The 2012 Green Guides, which modify a 1998 version, are not binding regulations but are...more

Energy Newsletter - November 2012

In This Issue: REGULATORY: Environmental: - Recent Common Sense Decisions on Source Aggregation: A Roadmap for Regulating Oil and Gas Emissions? D.C. Regulatory: - The FTC’s Revised Green Guides...more

Trade & Manufacturing Alert - October 2012

In This Issue: -01 The 2012 Republican And Democratic Party Platforms On International Trade -03 Argentine Protectionism -04 Solar Trade Wars Continue To Escalate -04 Advocacy Groups Challenge The Validity Of WTO...more

Energy Newsletter - June 2012

In This Issue: - DISPUTE RESOLUTION: International Arbitration Tips for Arbitration Agreements in International Energy Contracts - REGULATORY: - D.C. Regulatory: Courts Reject Post-Deepwater Horizon...more

Commerce Department Proposes Tariffs on Chinese Solar Panels

Yesterday, the U.S. Commerce Department proposed tariffs of at least 31% on solar panels imported from China. The preliminary ruling found that Chinese manufacturers have been illegally "dumping" solar panels on the U.S....more

Energy Newsletter - May 2012

In This Newsletter: - TRANSACTIONAL ..2012 AIPN Model International Joint Operating Agreement – A New Industry Standard? By Jennifer Josefson In February 2012, AIPN published the 4th version of its model Joint...more

Electric Vehicles & Competition Law

Assessments of electriv vehivles (EVs) in new European competition law framework (excerpt from a book by Professor Bellis)...more

REGULATORY: Natural resources and keeping your head above water in the EU

Regulatory and competition issues are at the top of the business agenda for natural resources, energy, and multi-utility companies active in the EU. Despite regulatory convergence in some areas (e.g., unbundling and cost of...more

Energy Newsletter - November 2011

In This Issue: DISPUTE RESOLUTION Business Litigation - Texas Supreme Court Ruling May Slow the Installation of Certain Pipelines Texas confers upon private pipeline developers the power of eminent...more

Rural Water Sewer & Solid Waste Management v. City of Guthrie

Petition for Rehearing and Rehearing En Banc on Spending Clause challenge to 1926(b)

This proceeding raises the issue of whether rural water districts formed by Oklahoma county commissions, and virtually devoid of any other regulation by the State of Oklahoma, may use monopoly protection granted under federal...more

Rural Water Sewer & Solid Waste Management v. City of Guthrie

Opinion on Spending Clause challenge to 1926(b) protection

On July 25, 2011, the U.S. Court of Appeals for the Tenth Circuit issued its decision in the Guthrie appeal. This decision applied the Oklahoma Supreme Court's June 29, 2010 decision on certified questions. In doing so, the...more

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