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International Trade Constitutional Law Energy & Utilities

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Carbon and Alloy Steel: Commission Hearing on Dismissal of Antitrust Claims

On April 20, 2017, the Commission heard oral arguments in Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002, in connection with its review of Judge Lord’s Initial Determination dismissing complainant U.S. Steel’s...more

Conflict Minerals Update – SEC Releases Guidance Following District Court Decision

by White & Case LLP on

On April 3, 2017, the US District Court for the District of Columbia (the "Court") entered a final judgment in National Association of Manufacturers, et al. v. Securities and Exchange Commission,1 ruling that Section 1502 of...more

SEC Will Not Enforce Part of the Conflict Minerals Disclosure Rule

by Bracewell LLP on

On Friday, April 7, 2017, the acting Chief of the Securities and Exchange Commission (the “Commission”) Michael Piwowar released a statement that the Commission will not recommend enforcement of certain parts of its Conflict...more

Italian Constitutional Court Backs Feed-in Tariff Cuts – What's Next?

by McDermott Will & Emery on

On 24 January 2017, the Italian Constitutional Court published decision no. 16/2017 confirming the constitutional legitimacy of the so-called spalma incentivi law, which reduced the feed-in tariffs for photovoltaic plants...more

New York’s high court finds jurisdiction over foreign bank on basis of correspondent bank account activity

by DLA Piper on

In a ruling that three dissenting judges warned would “have grave implications for correspondent banking relationships,” New York’s Court of Appeals has reinstated claims against a Swiss bank after concluding that its alleged...more

District Court Judge Assigned in Conflict Minerals Rule Case

by Ropes & Gray LLP on

How time flies! This month, the litigation relating to the U.S. SEC’s Conflict Minerals Rule enters its fourth year. The litigation has been quiet for the better part of the last year, after the SEC’s petition seeking...more

Blog: SEC Proposes New Resource Extraction Disclosure Rules — Will They Face Another Legal Challenge?

by Cooley LLP on

Last Thursday, the SEC voted (with Commissioner Piwowar in dissent) to propose rules, mandated by Section 1504 of the Dodd-Frank, that would require disclosure on Form SD of certain payments made to the federal and foreign...more

Mexico’s Energy Reforms and Dispute Resolution System

by DLA Piper on

In 2013, Mexico’s President submitted an initiative to Congress to modify the Mexican Constitution to allow private parties to perform exploration and production activities in Mexico. The initiative also included...more

Blog: This Year’s Conflict Minerals Filings Show Some Improvement, According To Early Review

by Cooley LLP on

An early review of conflict minerals filings for the 2014 reporting period shows improvement in “detail, clarity and quality,” according to this article in BNA. As reported by Elm Sustainability Partners, a conflict minerals...more

Energy Newsletter - June 2015

by King & Spalding on

In This Issue: - The "Preliminary Agreement" – Framing or Frustrating the Deal? - Recent Maritime Cases Illustrate the Different Legal Risks Involved with Conducting Offshore Oil and Gas Operations - Texas...more

Senate adopts Iran Nuclear Agreement Review Act

by Dentons on

On May 7, 2015, the US Senate voted 98-1 to adopt the Iran Nuclear Agreement Review Act of 2015 (the "Act"). The Act is the culmination of months of legislative maneuvering and a debate over foreign policy and separation of...more

Mexico’s Energy Revolution Series: Mexico's Oil and Gas Exploration and Production

In This Issue: - Introduction - A Monumental Constitutional Amendment - Understanding the New Risk Contracts - Navigating the Regulatory Environment - Investment...more

Blog: Will Congress Revisit The Conflict Minerals Rule?

by Cooley LLP on

According to a Bloomberg BNA report, a representative of the Chamber of Commerce, one of the plaintiffs in National Association of Manufacturers, Inc. v. SEC, the conflict minerals case currently pending in the DC Circuit,...more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

Methodology for Measuring National Content in Mexican Hydrocarbon Sector - The Three Legal Schemes Impacted in the National Oil...

by Holland & Knight LLP on

The "Methodology for measuring national content in Allocations and Contracts for Exploration and Extraction of Hydrocarbons, as well as for the Permits in the Hydrocarbons Industry"was published on Nov. 13, 2014,in Diario...more

Mexico’s Energy Reform Provides Significant Opportunities in Oil and Gas Exploration and Production

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas exploration...more

Energy Reform With Respect to Hydrocarbons

by White & Case LLP on

This Client Alert has the purpose of briefly analyzing the key provisions of the Hydrocarbons Act (the “Act” or the “HA”) and the Hydrocarbon Revenues Act (the “HRA” or, together with the HA, the “Hydrocarbon...more

Energy Reform With Regards to Electricity

by White & Case LLP on

On August 11 2014, a package of reforms to Mexico’s secondary energy laws (the “Energy Reform”) was published. This Energy Reform is based on the amendment of Articles 25, 27, and 28 of the Constitution and the corresponding...more

Issuance of the Mexican Secondary Laws in Connection with the Constitutional Energy Reform

by Holland & Knight LLP on

As of Aug. 11, 2014, all the secondary laws pertaining to the Mexican Energy Reform (published Dec. 20, 2013), were published in the Mexican Official Gazette. The scope of the secondary laws published on Aug. 11, 2014,...more

Mexican President Enrique Peña Nieto Promulgates Secondary Oil and Gas Legislation

by King & Spalding on

Yesterday, Mexican President Enrique Peña Nieto promulgated 21 new and amended laws which regulate last December´s historic constitutional energy reform. Among others, the new laws include a Hydrocarbons Law, which governs...more

Mexico Projects Part V: Upcoming CFE Projects

by Shearman & Sterling LLP on

One of the goals of the Mexican Constitutional reforms opening both the oil and gas and electricity sectors to private investment is to make the Comisión Federal de Electricidad (CFE) an “empresa productiva del Estado” (a...more

Mexico Introduces Much Anticipated Secondary Legislation for Energy Reform

Yet again the Mexican government has surpassed the expectations of the international marketplace. Many prognosticators and industry participants believed that the constitutional restrictions against international...more

DC Circuit Court of Appeals Upholds Conflict Minerals Disclosure Rules, But Strikes Down Requirement That Companies Label Their...

by White & Case LLP on

Last week, the US Court of Appeals for the District of Columbia (“DC Circuit”) issued its long-awaited opinion relating to legal challenges to the Securities and Exchange Commission’s (“SEC”) conflict minerals disclosure...more

D.C. Circuit Rules A Provision Of The SEC Conflict Minerals Rule Violates The First Amendment

by Pepper Hamilton LLP on

On April 14, 2014, the D.C. Circuit Court of Appeals in Nat'l Ass'n of Mfrs. v. SEC, 2014 BL 102614, D.C. Cir., No. 13-5252, 4/14/14) upheld all aspects of the Securities and Exchange Commission (SEC)’s conflict mineral rule,...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

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