Energy Sector

News & Analysis as of

2015 U.S. electric generation additions

Staff of the Federal Energy Regulatory Commission have released a report describing the portfolio of new or expanded electric power generation capacity built in the U.S. in 2015. FERC's Office of Energy Projects releases...more

The Oil Bust…Bankruptcy Boom?

Although the news is filled with stories of falling oil and gas prices and suggestions that a third of the exploration and production companies may file for bankruptcy, this most recent downturn may not produce the bankruptcy...more

Streamlining the Siting of Transmission in the West - Why Transmission and Renewable Energy Project Developers Should Care About...

Early this month, the Department of Energy (DOE) issued notice (81 FR 5283) of a proposed rule aimed at streamlining the pre-application process for transmission developers to obtain federal authorization to construct and...more

Alberta Announces Modernized Royalty Framework

On January 29, 2016, the Alberta government released the Alberta at a Crossroads - Royalty Review Advisory Panel Report and announced that it will begin drafting a modernized royalty framework (MRF) based on all of the...more

DWT Energy Update

On January 25, 2016, the U.S. Supreme Court, in a 6-2 decision authored by Justice Kagan and supported by the Chief Justice, reversed the D.C. Circuit’s holding that the Federal Energy Regulatory Commission (FERC) intruded on...more

Florida Considers Competing Bills Regarding Hydraulic Fracturing

A regulatory framework for hydraulic fracturing, or fracing, currently does not exist in Florida. Actually, neither does fracing itself, but both of those things could change soon. The State Affairs Committee passed a...more

Changes to Iran Sanctions Provide a Few Business Opportunities, but Many Hurdles

On January 16, 2016, the International Atomic Energy Agency verified that Iran had implemented nuclear reforms negotiated among the United States, the European Union and Iran, a milestone in the agreement referred to as the...more

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Energy Sector Alert Series: Risks and Opportunities in Distressed Oil and Gas

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

UK Government initiatives for UK oil and gas : forging links with Mozambique

Last week, the UK Government had a busy week on the oil and gas front – publishing the Draft MER UK Strategy and announcing new measures to encourage investment in the sector and a new City Deal for Aberdeen....more

UK-Iran Trade – A New Chapter

The UK Foreign & Commonwealth Office recently hosted a panel discussion with UK business leaders to clarify UK trade policy on Iran following the lifting of sanctions. The principal points of note for those interested in...more

What is an Adequate Description For a Mineral Lien ?

Thanks to In re Reichmann Petroleum Corp., we know one that works in Texas: A lien affidavit attaching either a plat or a plat and a Texas Railroad Commission Form W-1 provides an adequate property description for a mineral...more

Evaluating the Health of Loan and Bond Markets for 2016

Corporate borrowers and issuers typically access the credit markets only for need or opportunity, so may not actively monitor loan market conditions. As a leading firm with a nationally ranked practice representing borrowers...more

Here Comes the Sun: New CPUC Tariff Preserves Most Benefits for Rooftop Solar

On January 28, 2016, the California Public Utilities Commission (CPUC) voted in a 3-2 decision to approve a new tariff that preserves net energy metering (successor tariff). In retaining net metering, the successor tariff...more

Record breaker: US M&A in 2015

As the dust settles from the explosion of US M&A activity in 2015, it is fitting to reflect on the forces that fueled the boom and consider what last year’s trends may tell us about the year ahead. The record year...more

How Will Exploration and Production Companies Weather the Storm of 2016?

On December 31, 2014, when the price of West Texas Intermediate crude oil dropped 50% from summer prices that year to just under $55.00 per barrel, experts predicted there would be a flurry of industry restructurings; but no...more

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more

$5.3 million fine in Sunrise Propane case after joint prosecution under OHSA and EPA

Some cases illustrate very well the principle that “the more dangerous your operation, the more careful you must be”.  This case, involving a joint prosecution by the Ministry of Labour and Ministry of Environment, is one of...more

Africa Update - January 2016 #4

Leading the News - Burundi - On January 22nd, during a visit to Bujumbura, the United Nations (U.N.) Security Council met with Burundian President Pierre Nkurunziza to advocate for peace talks and the deployment of...more

Solar Storm- Net Metering in Nevada

Battles over net energy metering (NEM) policy are currently raging nationwide, and are only expected to intensify in the face of the recent investment tax credit (ITC) extension. NEM, a state statute-based policy incentive...more

Mining collapse echoes subprime mortgage crisis

From its peak in 2011 to the beginning of 2016, the global mining sector has gone through a wrenching 90% reduction in global market capitalization, wiping out an estimated US$1.5 trillion. Following the sub-prime mortgage...more

New Year, New Market-Based Rates Regulatory Regime

The new year has brought U.S. electricity markets participants an overhauled regulatory regime for market-based rates under section 205 of the Federal Power Act. The Federal Energy Regulatory Commission (“FERC” or...more

Spear-phishing campaigns continue to infiltrate critical infrastructure

The Department of Homeland Security’s Industrial Control Systems Cybersecurity Emergency Response Team (ICS-CERT) has reported that critical infrastructure systems in the U.S. experienced a 20% increase in cybersecurity...more

Energy Sector Alert Series: A Legislative Outlook

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

RGGI states comment on Clean Power Plan

The nine Northeastern and Mid-Atlantic states participating in the Regional Greenhouse Gas Initiative (RGGI) have submitted joint comments to the United States Environmental Protection Agency in connection with its Clean...more

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