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Energy & Utilities Consumer Protection

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

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

Consumer Product Update - California's Green Chemistry Initiative Looks for New Products to Regulate

by Morrison & Foerster LLP on

On October 6, 2017, the California Department of Toxic Substances Control (DTSC) announced it is seeking public comment on its new 2018-2020 Priority Product Work Plan (Work Plan) under its Safer Consumer Products (SCP)...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

by Morgan Lewis on

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

EPA Seeks Public Comment on Re-Opened Midterm Review of MY 2022-2025 Greenhouse Gas Standards and MY 2021 Standards

by King & Spalding on

On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more

The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy

A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp....more

Hackers Target U.S. Power Plants, Including Kansas Nuclear Facility

by King & Spalding on

According to a June 2017 joint report issued by the Department of Homeland Security (“DHS”) and the Federal Bureau of Investigation (“FBI”), hackers penetrated the computer networks of at least a dozen U.S. power plants...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The CFPB made waves yesterday by adopting a rule that would prohibit financial firms from forcing customers to arbitrate their disputes over bank and credit card accounts (and by allowing class actions on those same issues)....more

Japan LNG Import Contracts – The JFTC Reports

The Japanese Fair Trade Commission (JFTC) on June 28, 2017 issued its much-anticipated report into the state of the market for contracted long term LNG supplies into Japan?. The report made a number of key observations....more

The review and renegotiation of Japanese LNG import contracts

Japan’s Fair Trade Commission (JFTC) is currently conducting an investigation into alleged unfair restrictions on the resale of liquefied natural gas (LNG) imports into Japan from abroad. The investigation could lead to a...more

The standard of fairness in South African law – a case for the petroleum industry

by Dentons on

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without...more

Your Cyber Minute: Attorney-client privilege in the midst of a cybersecurity breach

by Hogan Lovells on

In the wake of a cyber attack, it’s a common assumption that attorney-client privilege is ironclad. It’s not that simple. Partners Harriet Pearson and Michelle Kisloff examine the nuances and offer best practices. ...more

Your Cyber Minute: Lessons learned from the automotive sector

by Hogan Lovells on

The internet of things has presented new challenges across all industries. Hear partners Harriet Pearson and Tim Tobin discuss what others can learn from automotive in this sharing of best practices. ...more

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

by Pierce Atwood LLP on

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

Task Force Report and NIST Revisions Highlight Need for Increased Private-Sector Cybersecurity Efforts

by King & Spalding on

New technologies enhance the capabilities and efficiency of the energy industry. But these technologies also bring increasing cyber risks to the industry, the economy, and national security. Recognizing that critical energy...more

PHMSA Increases Pipeline Safety Requirements

by King & Spalding on

On January 23, 2017, the Pipeline and Hazardous Material Safety Administration (“PHMSA”) issued several revisions to its pipeline safety regulations, focusing in particular on reporting requirements for incident response....more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

by Best Best & Krieger LLP on

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Cybersecurity 2017: The Year in Preview

by Foley Hoag LLP on

Introduction - Cybersecurity was a prominent factor in 2016 in all aspects of government, business and personal affairs. Russian and other foreign national hacking has the potential to spark a new form of cold...more

PHMSA Adjusts Incident Reporting in Response to Public Comment

by King & Spalding on

The Pipeline and Hazardous Material Safety Administration (PHMSA) recently revised submission requirements for incident reporting by operators of gas and hazardous liquid pipelines. While the December 27, 2016 notice appears...more

Maritime Cybersecurity Regulation on the Horizon

by King & Spalding on

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and...more

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

by Foley & Lardner LLP on

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

White House Releases Checklist to Improve Grid Resiliency

by Morgan Lewis on

The new plan builds on efforts to improve the response to attacks and disasters but recognizes that the needed investments may require regulatory changes to ensure cost recovery by utilities....more

California Environmental Law & Policy Update - December 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Trump picks Scott Pruitt to lead EPA - New York Times - Dec 7 - President-elect Donald J. Trump has selected Scott Pruitt, the Oklahoma attorney general and a close ally...more

Cybersecurity 2017 – The Year in Preview: Energy and Security

Editor’s note: This is the fifth in a continuing end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, and emerging threats. Our last post will focus on...more

Off the Grid: TCPA Class Action Settlement for Energy Utility Company

Utility companies continue to face ongoing litigation under the Telephone Consumer Protection Act (TCPA) that can arise from the use of automated communications with customers for purposes of marketing, customer servicing and...more

Forecasting the Trump Administration's First 100 Days

by Foley & Lardner LLP on

With the 2016 election in the rearview mirror, manufacturers must be mindful of the early initiatives you can expect from Congress and the new administration. With a return to one-party rule, the coming congressional term is...more

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