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General Business Energy & Utilities

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

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

France Moves Toward Ending All Regulated Tariffs for Natural Gas Sales

by Jones Day on

The Ruling: The Conseil d'État (France's Administrative Supreme Court) has ruled that the public service obligation to supply natural gas at regulated tariffs in France contravened EU law. In particular, it affirmed that no...more

Lessons from a Liftboat Contract

by Gray Reed & McGraw on

Semco, LLC v. The Grand, LTD. is nominally about a $15 million liftboat construction contract and the legal issues one would expect after a long trial and a big verdict. This post is more about how to administer and perform a...more

North Carolina’s Court of Appeals Affirms that Power Purchase Agreements are Impermissible in the State

by Holland & Knight LLP on

A recent North Carolina Court of Appeals decision, State of North Carolina ex. rel. Utilities Commission, et. al. v. N.C. Waste Awareness and Reduction Network (NC WARN), affirming an order of the North Carolina Utilities...more

Currents - Energy Industry Insights - October 2017

An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more

Exclusive remedy clauses: A cautionary tale

by DLA Piper on

Oil and gas suppliers, faced with difficult market conditions, will look to take full advantage of the contractual machinery at their disposal to limit their liability to contractual counterparties. A prime example of that is...more

Mexico's Energy Industry Round 2 Farmouts: PEMEX finds new partners

• Mexico’s second farmout bid round to find partners for PEMEX oil and gas development yielded mixed results, with 2 onshore licenses awarded and 1 shallow water PSC vacated with no bids • Egyptian company Cheiron...more

Implementing CAATSA - OFAC Issues Amended Russian-Related Sectoral Sanctions Under Directives 1 and 2

On September 29, 2017, OFAC modified Directives 1 and 2 of Executive Order 13662 to reduce the permissible maturity for new debt issued by Russian financial and energy entities designated under these directives, as well as...more

Russian Sanctions Roundtable - October 2017

by Dechert LLP on

Dechert London’s International Trade and EU Law Team with the support of the Russo-British Chamber of Commerce recently hosted a roundtable discussion on the sanctions against Russia. ...more

US Amends Russia Sanctions Directives on Debt for Financial and Energy Sectors

by White & Case LLP on

On September 29, 2017, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) amended Directive 1 and Directive 2 of the Russia Sectoral Sanctions in accordance with Section 223 of the Countering...more

A guide to termination of long term contracts in the energy sector

by DLA Piper on

The recent decline in, future and uncertainty surrounding, the price of oil and gas has caused energy sector companies to look particularly closely at their contractual rights and obligations. A long term contract that was...more

U.S. Poultry & Egg Association: Tyson Foods Scranton, Arkansas Facility Wins Clean Water Award (Full Treatment Category)

The U.S. Poultry & Egg Association (“Association”) announced in a September 21st news release that Tyson Foods River Valley Animal Foods (“Tyson”) in Scranton, Arkansas was a recipient of the 2017 Clean Water Award....more

[Webinar] Cybersecurity Threats Facing Water Utilities and the Steps You Should Take to Mitigate Risk - October 12th, 10:00am PT

by Nossaman LLP on

Join Nossaman attorneys for a webinar to discuss evolving cybersecurity threats facing water utilities. Cybersecurity is one of the top threats faced by all businesses in the United States, but water utilities sit in a...more

ITC Decision Could Cloud Outlook for Solar Project Developers

by Jones Day on

A recent decision by the U.S. International Trade Commission ("ITC") could have long-term consequences for the U.S. solar industry. On September 22, 2017, the ITC found, by a vote of 4-0, that rising imports have caused...more

An “Appendage” Determines a Louisiana Royalty Dispute

by Gray Reed & McGraw on

In Glassell Producing Company v. Naquin, the question was: Did a conveyance among siblings create a real right in property, or was it an appendage of a lease that ceased to burden the property once that lease was...more

FCPA Accounting Provisions Have Teeth: Halliburton to Pay $29.2 Million to Settle FCPA Charges

Along with the anti-bribery provisions, the U.S. Foreign Corrupt Practices Act (“FCPA”) contains accounting provisions that apply to publicly traded companies. These provisions require that companies maintain and adhere to...more

Is an Entity Supplying and Operating Solar Panels for an Unrelated Facility a Public Utility? North Carolina Appellate Court...

The Court of Appeals of North Carolina (“Court”) addressed in a September 19th opinion whether an entity supplying and operating a system of solar panels to a North Carolina facility is a “public utility” under North Carolina...more

Greenhouse gas emissions trading schemes: A global perspective - UK

by White & Case LLP on

EU's trading scheme framework dominates, but Brexit brings uncertainty - As early as 2002, the UK began preparing for international emissions trading. It initiated a pilot emissions trading scheme (UK ETS) in anticipation...more

Petroleum Licenses in the UK: Contract or Regulation?

Under the Petroleum Act 1998, the Secretary of State is authorized to grant licenses for the exploitation and production of hydrocarbons. The legal characteristic of such licenses has been an open question. If petroleum...more

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

by Shearman & Sterling LLP on

On September 18, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a license...more

LNG Development and Financing in the US – Market Update

Recent growth in domestic natural gas production, together with expectations of continued growth, has positioned the U.S. to be a significant gas exporter for the foreseeable future. The timing of this shift for the U.S. is...more

Unit Operator Pays For a Problem of its Own Making

by Gray Reed & McGraw on

How many times must an operator suffer for a mistake in a unit declaration? Samson Exploration LLC v. T. S. Reed Properties Inc. makes it twice. (See Hooks v. Samson Lone Star for the first round). The Texas Supreme Court...more

How is Hurricane Season Impacting Your Supply Contracts?

The 2017 hurricane season has already had a significant impact, with Hurricanes Harvey and Irma causing billions of dollars of damage in Texas and Florida. And more hurricanes are likely on the way. ...more

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