News & Analysis as of

Energy Sector

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Climate change impacts global energy system, says Shell boss - The CEO of Shell, Ben van Beurden, has noted the importance of taking a global perspective on tackling...more

Attempt to Avoid Ohio Supreme Court’s Ruling in Corban Rejected by Federal Court in Ohio

by Reed Smith on

After the Ohio Supreme Court’s September 15, 2016, decision in Corban v. Chesapeake Exploration, L.L.C., 2016-Ohio-5796, held that the 1989 Ohio Dormant Mineral Act was not self-executing – meaning that the surface was not...more

House Passes Energy Legislation

by Kelley Drye & Warren LLP on

Last week, the U.S. House of Representatives passed a series of energy bills, including several aimed at advancing the nation’s pipeline infrastructure. Meanwhile, efforts to revive more comprehensive energy legislation –...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

California post-2020 GHG Regulation Debate: Compromise Passed Both Houses with a Two-Thirds Vote

by Reed Smith on

To achieve its goals of reducing greenhouse gas (“GHG”) emissions linked to global warming, California relies upon a number of programs and policies, including a system of capping total GHG emissions from regulated source,...more

Negligence liability: parent and subsidiary companies

by Dentons on

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary....more

California’s Cap-and-Trade Regulations Extended Through 2030 – A Victory for Climate Policy and Business Alike

by Davis Wright Tremaine LLP on

On July 17, 2017, the California Assembly and the Senate voted to extend California’s Cap-and-Trade Program from 2021 to 2030 (Assembly Bill (“AB”) 398). Governor Brown is widely expected to sign the bill in the coming...more

Alleged Nigerian Oil Industry Corruption and Civil Forfeiture: More Extraterritorial Application of U.S. Law; More High-End Real...

by Ballard Spahr LLP on

On Friday, the Department of Justice (“DOJ”) filed a civil forfeiture complaint in the Southern District of Texas seeking recovery of approximately $144 million in assets that allegedly represent the proceeds of foreign...more

Responsibility for German Nuclear Waste Shifts With Creation of State-owned Fund

by Latham & Watkins LLP on

In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The...more

Key Takeaways from CELF's Annual Jasper Research Seminar

by Bennett Jones LLP on

The Canadian Energy Law Foundation (CELF) held its Annual Jasper Research Seminar in mid-June, the 56th year this world class event has been held in Alberta. Energy practitioners presented on critical legal issues in the...more

Apocalypse Now? Not Much Has Changed in the Last Six Months

by Snell & Wilmer on

It has almost been six months since the Trump administration came into power. At that time, energy and environmental stakeholders were either celebrating the advent of a period of progressive reform or lamenting the end of...more

Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

by Cozen O'Connor on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v....more

Renewable Energy Update - July 2017 #2

by Allen Matkins on

Renewable Energy Focus - DOE’s SunShot awards $46M for solar tech-to-market research - Greentech Media - Jul 13 - The Department of Energy may be facing potentially massive budget cuts and interference in how it...more

Renewable Alert Letter 31: Overloading Regulations

On July 6, 2017, METI and the Agency for Natural Resources and Energy released proposals for revision of laws and ordinances related to long-speculated restrictions on overloading (kasekisai). Please see full Publication...more

An Oil Patch Morality Play – Part 1

by Gray Reed & McGraw on

You are selling properties. The buyer thinks you own the deep rights but you know your long-time partner owns them. You attend the closing. You don’t tell the buyer that he’s got the ownership wrong. You are protected by a...more

Oil Regulation 2017 - United States

Describe, in general terms, the key commercial aspects of the oil sector in your country. The US oil industry is divided into three sectors: upstream (exploration and production), midstream (processing, storage and...more

2nd Circuit Weighs in on Certifying Classes Involving Foreign Securities

by Burr & Forman on

In In re Petrobras Securities Litigation, the Second Circuit Court of Appeals recently issued an opinion regarding the standards for certifying a class involving foreign securities. Petrobras is a multinational Brazilian gas...more

Trump to Nominate Kevin McIntyre as FERC Chairman

by Pierce Atwood LLP on

Last week, President Donald Trump announced his intention to nominate Republican Kevin J. McIntyre to be the Chairman of the Federal Energy Regulatory Commission (FERC). FERC has been operating without a quorum since the...more

Hearings This Week

by Kelley Drye & Warren LLP on

House Rules Committee meets to formulate a rule on H.R.806, the “Ozone Standards Implementation Act of 2017.” Date: Monday, July 17, 5 p.m....more

Comprehensive Study of Impacts of Shale Development in Texas Released

by Kelley Drye & Warren LLP on

On June 19, 2017, the Academy of Medicine, Engineering and Science of Texas (AMEST) released a report, Environmental and Community Impacts of Shale Development in Texas. TAMEST is a nonprofit organization and brain trust...more

Court Limits FERC’s Authority to Direct Modifications Under Section 205

by Morgan Lewis on

The court reaffirms that when reviewing a utility’s filing under Section 205, FERC may not “transform the proposal into an entirely new rate.”...more

Trial Court Rules that Article 22’s “Original Condition” Refers to Property’s Condition at the Creation of a Mineral Servitude

by Liskow & Lewis on

A July 3, 2017 ruling from the 17th Judicial District establishes that a mineral servitude owner’s obligation under Mineral Code article 22 “to restore the surface to its original condition” means the condition of the...more

International Trade and Investment Disputes in the Solar Energy Industry – A Hurdle to Renewable Power Generation?

by Hogan Lovells on

In 2040, renewable energy sources will account for more than 50 percent of global power generation, and solar and wind power alone will produce 50 percent of the electricity generation in Australia, Germany, Mexico, and the...more

Mining in Morocco: a legal snapshot

by DLA Piper on

While the mining industry already plays an important role in Morocco’s economy, representing 25 percent of its exports, the national development strategy set out some lofty goals which include tripling non-phosphate revenues...more

California Air Resources Board New Draft Enforcement Penalty Policy

by Alston & Bird on

Today, CARB held another workshop to explain its new draft enforcement penalty policy and the factors it will use in assessing penalties in future enforcement cases. The factors are qualitative and narrative and subjective,...more

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