Energy & Utilities Updates

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

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

Repeal of Resource Extraction Disclosure Rule

On February 14, 2017, President Trump approved Congress’ joint resolution to repeal the SEC’s resource extraction disclosure rule. That action effectively brings to a conclusion the SEC’s efforts to implement a resource...more

California Energy Related Bills Introduced in the 2017-2018 Legislative Session

February 17, 2017 marked the deadline by which legislators had to introduce bills for the first half of the 2017-2018 Legislative Session. The Stoel Rives’ Energy Team has been and will continue to monitor bills throughout...more

Saudi Arabia’s Vision 2030 – Securing PPP Value for Money and the Criticality of Monitoring and Root Cause Analyses

Introduction - Much of the PPP debate in Saudi Arabia has focussed on the importance of shifting the public sector expenditure burden to the private sector. Wherever this has been the sole focus of a PPP programme, the...more

Blurry Boundaries of Oil & Gas Joint Ventures Under the Securities Act and the Exchange Act

In Sec. & Exch. Comm’n v. Sethi Petroleum, LLC, 4:15-CV-00338, 2017 WL 192666, at *1 (E.D. Tex. Jan. 17, 2017), the Eastern District of Texas, Sherman Division, issued an opinion that clarifies the often-blurry boundaries...more

FERC and CPUC Approve Utilities’ Innovative Request to Own a 50 MW Solar Project in Partnership with a Tax Equity Investor

For the first time, a regulated electric utility, Liberty Utilities (CalPeco Electric) LLC (“Liberty”), recently obtained all state and federal regulatory approvals to partner with a tax equity investor to acquire, own, and...more

Joint Letter To Trump On China’s Trade Barriers

On February 7, 2017, the Renewable Fuels Association, Growth Energy, and the U.S. Grains Council sent a joint letter to President Donald Trump to request the Administration’s assistance in addressing China’s recent...more

California Environmental Law & Policy Update - February 2017 #3

Environmental and Policy Focus - Scott Pruitt confirmed to lead EPA - Los Angeles Times - Feb 17 - President Donald Trump’s nominee to run the Environmental Protection Agency (EPA), a climate-change...more

Trade & Manufacturing - News of Note - February 2017

Commerce Extends Steel Import Monitoring and Analysis System - On January 5, the Department of Commerce (Commerce) announced the extension of the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2022....more

Top Five Issues to Watch in Arizona Water Law

Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome...more

President Trump Issues Memorandum On “Construction Of American Pipelines” -Prioritizes U.S.-Produced “Materials And Equipment”

On January 24, 2017, President Donald J. Trump signed a slate of executive orders and presidential memoranda focused on pipeline and other infrastructure projects. Along with memoranda that specifically concern the...more

Mineral Lease Prevails in Louisiana Royalty Dispute

Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations....more

CAISO Urges Flexibility and Coordination to Advance Distributed Energy Resource Aggregations at FERC

As previously covered by K&L Gates’ Global Power Law and Policy blog, on November 17, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to remove barriers so that electric...more

New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources

On January 19, 2017, the Federal Energy Regulatory Commission (FERC or Commission) issued a new policy statement entitled “Utilization of Electric Storage Resources for Multiple Services When Receiving Cost-Based Rate...more

Resource Extraction Disclosure Requirements are Dumped

Canadian miners and oil & gas companies should be aware that on February 14, 2017, President Trump approved a joint resolution of Congress that disapproved a recent SEC rule requiring specific disclosure by resource...more

A Long and Winding Road Ends for Resource Extraction Disclosure

On February 14, 2017, President Trump approved a joint resolution of Congress that disapproves the SEC’s rule requiring specific disclosures by resource extraction issuers, effectively repealing the rule. The rules required...more

Security interests in the UK Capacity Market: new rules

Lenders and capacity providers in the UK’s Capacity Market will want to take note of new procedures introduced by National Grid in its role as the Capacity Market’s Delivery Body. The Capacity Market aims to incentivise...more

Projects and Energy Weekly Snippets

Exponential increase in the number of power generation projects - The African continent’s large energy deficit has resulted in an exponential increase in the number of power generation projects – both planned and...more

Renewable Energy Update - February 2017 #3

Renewable Energy Focus - California demand for wind power energizes transmission firms - Reuters - Feb 15 - A firm controlled by Philip Anschutz, the billionaire entertainment and pro sports magnate, will...more

United States Challenges China’s Aluminum Subsidies at the WTO

On January 12, the United States filed a request for consultations at the World Trade Organization (WTO) regarding the substantial subsidies that the Chinese government has been pouring into its primary aluminum industry from...more

Wind Power Overtakes Coal in Europe

Last year, 86 % of the 24.5 GW of new generating capacity installed in the EU came from renewable energy sources, specifically from wind, solar, biomass and hydro, breaking the previous record of 79% in 2014. This new water...more

Sustainable Development Update - February 2017 #2

Sustainable Development Focus - Building apartments near transit brings in more money for cities and counties - Greater Greater Washington - Feb 2 - In the Washington, DC region, apartments near train...more

Court Of Chancery Limits Cost Recovery Following Successful Appeal

This decision explains what “costs” are recoverable under Court of Chancery Rule 54 following a successful appeal. While the amounts involved normally do not merit much discussion, the cost of bond for an appeal can be...more

Supreme Judicial Court of Massachusetts Confirms Anti-Slapp Provisions Apply To “Protected Petition Activity”

On February 14, the Supreme Judicial Court of Massachusetts reviewed the application of the state’s “anti-SLAPP” law to challenges made against a blogged critique of Cardno Chemrisk, LLC (Chemrisk) and British Oetroleum (BP)...more

Mexico Energy Regulatory Commission Waives Mandatory Open Season for NG Ducts

Under Mexico's Hydrocarbons Law, permit holders for natural gas (NG) ducts are required to have a mandatory open season for expansions, extensions or the development of new systems. This provision keeps competition in NG...more

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