Energy & Utilities General Business

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Final Regulations Define “Real Property” for REITs: Considerations for Renewable Energy and Transmission Assets

The recently released final regulations are generally consistent with the 2014 proposed regulations in their treatment of renewable energy and transmission assets, with several useful clarifications provided. ...more

Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in...more

Merging Companies Tesla and SolarCity Among Entities Advocating Wider Role for Electric Storage Resources in RTO and ISO Markets

In early August, Tesla Motors Inc., a manufacturer of advanced electric vehicles and battery energy storage systems, announced a deal to buy SolarCity Corporation, a developer of distributed energy resources, particularly...more

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

Your daily dose of financial news - The Brief – 9.22.16

As most expected, the Fed held rates steady yesterday. Though its divided FOMC and Chair Yellen’s comments about an improving economy seem to portend a rate hike before the end of the year....more

Back to the Bulgarian Bad Guy, So Say the Justices

My blogging sensei Cordell Parvin says the title should always inform the reader of the content. Mea culpa on this one; I couldn’t resist the alliterations. Some time back I reported on Carlton Energy Group et al v....more

Energy Newsletter - September 2016

Implementing Islamic Financing for Renewable Energy Projects - The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led...more

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector

Impact of Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all commodities declined from 2012, with particularly sharp declines during 2015 and into 2016, as supply...more

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

Bankruptcy and Midstream Contracts: Contract Parties Push Back

In previous Energy newsletters, we have addressed one of the current hot topics in E&P bankruptcy cases – rejection of midstream contracts and declaratory relief that the “dedications” contained in those agreements are not...more

Due Diligence For Bankable Solar PV Projects

Sharp reductions in the price of solar PV technology, dramatic technological advancement and (until recently) generous subsidies for solar PV generation have enabled developers to project reliable and attractive revenues over...more

Implementing Islamic Financing for Renewable Energy Projects

The Middle East and North Africa (MENA) region has recently seen a surge of interest in developing renewable energy, in particular solar energy projects. Led by Morocco and Jordan which have successfully implemented numerous...more

When is a company regularly engaged in the business of leasing goods?

The recent decision by the New South Wales Supreme Court in Forge Group Power Pty Ltd (in liquidation)(receivers and managers appointed) v General Electric International Inc [2016] NSWCA 52 provides useful guidance for...more

SEC Rules for Resource Extraction Issuers Could Lead to Increased FCPA Scrutiny, Disclosures

New rules issued by the U.S. Securities and Exchange Commission (SEC) that require resource extraction issuers to disclose payments made to U.S. and foreign governments for the commercial development of oil, natural gas or...more

Your daily dose of financial news - The Brief – 9.7.16

Turns out that running the show at Valeant has given Pershing Square’s Bill Ackman quite the appetite. He’s looking to satisfy that hunger (and get back to the business of maximizing returns by pushing companies to make...more

Your daily dose of financial news - The Brief – 9.1.16

Canada’s signaled an interest in joining the China-led Asian Infrastructure Investment Bank—often seen as China’s answer to the World Bank.  The bid is controversial at home for new PM Justin Trudeau, but it reflects the...more

Alberta Judge Upholds No-Fault Provisions of CAODC Master Daywork Contract

The Alberta Court of Queen’s Bench recently upheld the no-fault provisions of the standard form, Canadian Association of Drilling Contractors (CAODC) Master Daywork Contract (MDC) in Precision Drilling Canada Limited...more

Significant Developments in Canadian Energy – For the Month of August 2016

Conventional - August 2, 2016 – Quattro Exploration and Production Ltd. has signed a letter of intent for the sale of certain oil and gas production facilities and lands in Western Canada to an Alberta-based oil and gas...more

Louisiana Partition Agreement: You Can’t Trade What You Don’t Own

Square Mile Energy LLC v. Pommier considered this language in a Louisiana partition agreement: “N.B: Included in this transfer are any and all mineral rights, when available, to Roxanne and all surface rights.” Did this...more

Kitty Hawk NC offshore wind leasing

The U.S. Department of the Interior has proposed leasing federal ocean space offshore North Carolina for commercial offshore wind development. On August 12, 2016, the Bureau of Ocean Energy Management announced a proposed...more

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

Trion Farmout

On July 28, 2016, the Mexican National Hydrocarbons Commission ("CNH") published a call for tenders and the corresponding bid guidelines (the "Bid Guidelines") for the International Public Tender CNH-A1-Trion/2016 process, to...more

Five Key Takeaways from Key Energy’s SEC FCPA Settlement

The SEC, last week, announced its $5 million settlement with Key Energy. As always, FCPA settlements contain important examples of enforcement priorities and policies. Key Energy’s recent settlement is an example of the...more

EPA Publishes Final Phase 2 Rule for GHG Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles

The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a joint set of greenhouse gas and fuel efficiency standards for new medium and heavy-duty vehicles and...more

India: A False Dawn for Foreign OSV Owners

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...more

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