Energy Newsletter - November 2011

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In This Issue:

DISPUTE RESOLUTION

Business Litigation

- Texas Supreme Court Ruling May Slow the Installation of Certain Pipelines

Texas confers upon private pipeline developers the power of eminent domain, so long as pipeline is designated a “common carrier” available for “public use.” Historically, whether or not a pipeline company is a “common carrier” has largely been for the company itself to decide. A recent Texas Supreme Court decision — Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC — may change this historic rule....

Environmental Litigation

- Marcellus Shale - Recent Environmental Actions in Pennsylvania

This article reviews recent key environmental actions in Pennsylvania addressing concerns about the speed of development, air emissions, and state regulatory oversight of this gas play....

TRANSACTIONAL

Project Development & Finance/Middle East

- Monetising Utility Assets in Difficult Financial Markets

Master Developers of a steady stream of greenfield utility projects coming online in the Middle East are taking advantage of opportunities to ‘monetise’ their utility assets....

Transactions

- Consolidation of Natural Gas Pipelines Continues

Kinder Morgan, Inc.’s $38 billion acquisition of El Paso Corporation reflects a key move toward the consolidation of the natural gas pipeline business in the U.S. It appears likely to trigger more M&A activity in the sector....

REGULATORY

- International Antitrust European Commission Launches Dawn Raids on Energy Companies in Eastern Europe

The European Commission announced it conducted unannounced inspections - so-called “dawn raids” - at the premises of companies active in the supply, transmission, and storage of natural gas in ten EU Member States, mainly in Central and Eastern Europe....

FERC

- Ninth Circuit Denies Challenges To FERC’s Market-Based Rate Policies

On October 13, 2011, in Montana Consumer Counsel v. FERC, the United States Court of Appeals for the Ninth Circuit re-affirmed the lawfulness of the Commission’s market-based rate approach under the Federal Power Act....

Government Advocacy and Public Policy

- Keystone XL Pipeline Moving Forward to the Chagrin of Some in Congress

TransCanada's Keystone Pipeline Appears to Be Headed Toward Approval by the Obama Administration. Will Congressional Opponents Be Able to Reverse This Outcome?

Please see full newsletter below for more information.

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Published In: Antitrust & Trade Regulation Updates, Energy & Utilities Updates, Environmental Updates, International Trade Updates, Mergers & Acquisitions Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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