Energy Sector

News & Analysis as of

Louisiana Appellate Court Unanimously Dismisses Cross-Appeals in Legacy Case

Louisiana appellate court unanimously dismisses cross-appeals in legacy case, finding that the trial court improperly designated partial summary judgment rulings as final under Article 1915 of the Louisiana Code of Civil...more

Attention Home Improvement Contractors: CA Bill Singles Out Solar Contractors

California Assembly Bill 2699 (Gonzalez) is a bill to watch if you are a home improvement contractor that solarinstalls solar energy systems or, for that matter, a contractor in California. AB 2699 would, among other things,...more

“Production in Paying Quantities”: Louisiana Appellate Court Decides When and What Should be Considered in Determination

The Louisiana Second Circuit Court of Appeal, in Middleton, et al. v. EP Energy E&P Company, L.P., et al., concluded that, in considering whether mineral leases terminated for failure to produce in paying quantities, a fact...more

EPA Methane Rules Are Coming

“Remember, I can do anything to anybody”, deranged and murderous Roman emperor Caligula to his grandmother (Julia, widow of Tiberius and herself no stranger to things done to other people as and when they pleased)....more

Update on EPA’s Clean Power Plan

Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule. The agency’s...more

Climate change Regulation Starts to Take Shape in Washington State

In 2015, the Washington Legislature failed to act on Governor Jay Inslee’s cap-and-trade proposal to limit the greenhouse gas emissions that cause climate change. Since then, all branches of Washington State government, as...more

California Sues Mendota Bioenergy LLC Over $1.7 Million In Misspent Public Money

On April 8, 2016, the California State Energy Resources Conservation and Development Commission (Commission) sued Mendota Bioenergy LLC, claiming it improperly spent public money targeted for equipment purchases....more

Reserve-based lending in Nigeria

2015 was a relatively active year for financing transactions in Nigeria's oil and gas sector. As well as facilities to fund the development of oil and gas assets, a significant number of facilities were provided to Nigerian...more

Valuation of Distributed Energy Resources under New York State’s REV Initiative

Valuing Renewable Energy: New York State’s Renewing the Energy Vision (REV) Initiative sets an aggressive goal where 50% of the State’s electricity will be provided by renewable resources by 2030. Several agencies are...more

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

FERC Staff Seeks Comments on Participation of Electric Storage Resources in Wholesale Electricity Markets

Last week, the Federal Energy Regulatory Commission (“FERC”) opened a proceeding in Docket No. AD16-20 for FERC Staff to consider a wide range of issues related to electric storage resources, including whether barriers exist...more

OEB Considering Changes to Commercial and Industrial Customers’ Rate Design

The Ontario Energy Board (OEB) has published a staff discussion paper, Rate Design for Commercial and Industrial Electricity Customers: Aligning the Interests of Customers and Distributors (Staff Discussion Paper), in which...more

DOE Announces Upcoming International Energy Agency Webinar On Climate Impacts Of Bioenergy

On April 21, 2016, DOE and IEA Bioenergy (IEA) presented a webinar, Bioenergy - Is It Good for the Climate?, which discussed the climate benefits of bioenergy and the impact of bioenergy on atmospheric CO2 levels....more

Effect of Energy Policy Bills on Natural Gas Exports

Legislative Update. On April 20, the U.S. Senate passed broad legislation that covers many different aspects of the energy and environmental sectors, including changes to streamline the approval process for the export of...more

FERC Staff Seeks Information from RTOs/ISOs on Energy Storage Participation in Wholesale Markets

On April 11, 2016, the Federal Energy Regulatory Commission’s (FERC) Office of Energy Policy and Innovation (OEPI) sent identical data requests to each of the nation’s six grid operators, requesting information on potential...more

Energy Newsletter - April 2016

Managing In-Project Disputes in Major Construction Projects - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem...more

Is Coal Down For The Count

Last week Peabody Energy announced that it filed bankruptcy. Peabody is the nation’s largest coal company. The filing by Peabody comes on the heels of the January 2016 bankruptcy filing by Arch Coal, the nation’s second...more

New Offshore Well Control Regulations Unveiled to Mixed Reviews

The U.S. Department of the Interior and the Bureau of Safety and Environmental Enforcement announced final well control regulations for offshore drilling last week. The rules will purportedly make offshore drilling safer and...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Your daily dose of financial news The Brief – 4.22.16

US financial regulators dropped some much-anticipated rules yesterday that aim to restrict how “big financial institutions can pay their top executives.” In particular, the rules would make banker wait “at least four years...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Legislative Session in Recess Until April 29 - In late night sessions ending at 2:30...more

Well Control Final Rule

The U.S. Department of Interior’s Bureau of Safety and Environmental Enforcement (“BSEE”) has released its final Well Control Rule for off-shore rigs (“Rule”). The Rule is intended to reduce the risk of an offshore blowout,...more

Uncertainty Rises for Energy Sector Bankruptcies

In recent years, the energy sector has struggled with low commodity prices, oversupply, and logistical constraints — challenges which are poised to continue in the months ahead. These issues are putting a significant strain...more

Il nuovo Codice degli Appalti Pubblici

With the Legislative Decree n. 50 of 18 April 2016 "Implementation of directives 2014/23 / EU, 2014/24 / EU and 2014/25 / EU on the award of concession contracts, on public procurement and procurement by entities operating in...more

US Senate Passes Bipartisan Energy Bill

The first broad energy bill passed in nearly a decade was passed by the Senate on April 20, 2016 with an 85-12 vote margin. The Energy Policy Modernization Act of 2016, S. 2012, responds to major changes to the energy...more

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