Energy Sector

News & Analysis as of

Africa Update - September 2015

Leading the News: South Sudan - On August 27th, emergency relief teams from the United Nations (U.N.) Children’s Fund (UNICEF) and the World Food Programme (WFP) reached more than 27,000 people in the town of Wau...more

Energy Future Holdings – Another Major Success for Chapter 11 Mediation?

Mediation has become an invaluable tool in large chapter 11 cases. Traditionally viewed as a means for resolving discrete disputes between a debtor’s estate and an adversary party, in recent years mediation in certain complex...more

Clean Power Rule Challenges Will Proceed Sooner or Later, But Its Goal May Already Be Close at Hand

Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more

Amendment to the Excise Tax Act in Poland – significant changes for your business

The President signed the amendment to the Excise Tax Act . on August 27, 2015. The new regulations shall pass into law on January 1, 2016. Below we present a review of the key amendments which have been introduced...more

The Second Circuit Court of Appeals Affirms Ruling That New York State’s Moratorium on Hydraulic Fracturing Did Not Extend the...

New York’s 2010 moratorium on hydraulic fracturing, culminating in Governor Andrew Cuomo’s formal ban of the practice in his state on December 17, 2014, made many large waves in the political, legal, and public arenas, the...more

DOE Offers $1 Billion in Federal Loan Guarantees for Distributed Energy Projects, Provides Guidance

The U.S. Department of Energy (DOE) recently announced that it will make $1 billion available for distributed energy project loan guarantees. DOE issued supplements to the existing loan guarantee solicitations for Advanced...more

ACG Louisiana Holding Second Annual Energy Case Cup Competition

The Louisiana Chapter of the Association for Corporate Growth (ACG Louisiana) will hold its second annual Energy Case Cup Competition in October. Last year's inaugural competition included more than 100 undergraduate students...more

7th Circuit Affirms FERC Finding That Wind Generators Are Responsible for Corrected Costs

On August 19, 2015, the United States Court of Appeals for the 7th Circuit denied two wind generators’ (“Generators”) petitions for review of various Federal Energy Regulatory Commission (FERC) orders assigning the corrected...more

DOE report finds Solyndra gave "false and misleading" info

The Department of Energy's Office of Inspector General has released a special report finding that failed solar panel maker Solyndra, Inc. provided the Department with inaccurate and misleading information during the...more

NIST issues Cybersecurity Practice Guide for Electric Utilities

Yesterday, the National Cybersecurity Center of Excellence issued its NIST Cybersecurity Practice Guide, Draft Special Publication 1800-2 “Identity and Access Management for Electric Utilities.” The Guide is a result of...more

U.S. EPA Proposes New Rules on Air Emissions from the Oil and Gas Sector: Impacts to Owners and Operators

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) issued a suite of proposed actions affecting the oil and gas industry. EPA’s proposed Clean Air Act rules address methane emissions from new and modified...more

Mexico’s Energy Industry - Final Model Contract and Bidding Guidelines Published for Ronda Uno, Second Tender

On August 25, 2015, the Comisión Nacional de Hidrocarburos (CNH) published the final form of the Bidding Guidelines (“Guidelines”) and the Model Production Sharing Contract (PSC) for the Second Tender initially published on...more

August 2015: Energy Litigation Update

Reserve Reports During the Oil Slump. The collapse of oil prices in the latter half of 2014 has led to SEC scrutiny of exploration and production (E&P) company compliance with rules regarding the calculation and reporting of...more

Compressor Station Negligent Nuisance Verdict Reversed

Therapist: “We’re here today in group to bring closure to the traumatic events of Crosstex North Texas Pipeline L.P. v. Gardiner. Each side claims mistreatment by his adversary and by one component or another of the civil...more

White House Plan to Further Expand Renewable Energy Use

President Barack Obama announced on August 24, 2015, additional steps taken to increase the adoption of renewable energy. Among other things, the set of executive actions announced on Monday include making $1 billion in...more

Farewell to Chocolate Thunder, Baylor Football and Due Diligence

Daryl Dawkins died yesterday. To anyone who followed the National Basketball League (NBA); Dawkins will always be remembered with the brilliant Stevie Wonder-derived moniker – Chocolate Thunder. I will also remember him for...more

Navy signs solar energy deal

The U.S. Department of the Navy has announced an agreement for the development of a 210 megawatt (DC) solar project to supply electricity to Navy and Marine Corps facilities in California. The Navy described the deal as the...more

Cross-border infrastructure and presidential permits

A recent report casts doubt on whether proposed federal legislation would actually accelerate decisions on the siting of cross-border energy infrastructure. Cross-border pipelines and electric transmission lines play an...more

More on Methane: Adjacency, Consistency, and a Major Source of Confusion

On Tuesday, August 18, 2015, the U.S. Environmental Protection Agency (“EPA”) issued a package of four proposals to control methane emissions from the oil and gas industry. By far, EPA’s proposed New Source Performance...more

EPA Schedules Workshop on Considerations for Risk Assessment of Biotechnology Algae

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice in the August 25, 2015, Federal Register announcing a public meeting on September 30, 2015, to receive public input and comments on EPA's data...more

BESC Announces Microbe That Significantly Improves Isobutanol Yields

On August 14, 2015, the Department of Energy's (DOE) BioEnergy Science Center (BESC) announced the creation of a microbe that increases isobutanol yields by a factor of ten. The study, published in Metabolic Engineering,...more

Energy Information Administration Issues Short Term Energy Outlook Report

On August 11, 2015, the U.S. Energy Information Administration (EIA) released the Short Term Energy Outlook (STEO) report. The report outlined expectations for regular gasoline to average a retail price of $2.41 for all of...more

U.S. EPA Proposes Methane Limits for Oil and Gas Industry

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) proposed rules to limit emissions of methane, a potent greenhouse gas (GHG), from certain new and modified facilities in the oil and natural gas industry. The...more

California Energy Commission Report Projects Local Electric Reliability Deficits By 2021, Potentially Triggering The Need For New...

The California Energy Commission (CEC) has released an August 2015 report projecting local reliability shortfalls in the Los Angeles basin planning area as early as 2021. The deficits may require new natural gas power...more

The SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims

In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute...more

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