Energy

"IRS Guidance on the Commencement of Construction Requirements for Tax Credits for Qualified Energy Facilities"

by Armando Gomez, Paul Schockett, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 4/17/2013

On April 15, 2013, the Internal Revenue Service released Notice 2013-29 (Notice), which established guidelines and a safe harbor to determine when construction has begun on a “qualified facility” for purposes of the renewable...more

REGULATORY: D.C. Regulatory: FERC Investigations in the Wake of D.C. Circuit’s Hunter Ruling

by King & Spalding on 4/15/2013

On March 15, the D.C. Circuit Court of Appeals dealt the Federal Energy Regulatory Commission (“FERC”) a major setback in its enforcement efforts by ruling that FERC had encroached on the exclusive jurisdiction of the...more

Building Energy Reporting Comes To Boston (Almost)

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 2/26/2013

Today, Mayor Menino forwarded to the Boston City Council proposed amendments to the City of Boston Code that would require owners of many city buildings to report their energy and water use annually. That information would...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

by King & Spalding on 2/7/2013

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...more

New Iran Sanctions: Breaking Down the Breaking Points

by Leigh Hansson, Carlos Aksel Valdivia | Reed Smith on 1/30/2013

Energy, shipping, and shipbuilding. Generally, these are the sectors of the Iranian economy that have recently come within the ambit of the existing U.S. sanctions regime against Iran. We write "generally" because in addition...more

Regulatory Developments: CFTC's Office of General Counsel Responds to Frequently Asked Questions Regarding Certain Physical...

by White & Case LLP on 12/13/2012

On November 14, 2012, the Office of the General Counsel (the "OGC") responded to frequently asked questions regarding which commercial agreements for the supply and consumption of energy would be considered a commodity...more

Energy Newsletter - December 2012

by King & Spalding on 12/12/2012

In This Issue: - DISPUTE RESOLUTION: - Tort Litigation: Reforming NEPA Review of Energy Projects - TRANSACTIONAL: - Transactions: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to...more

Sierra Club Ready To Sue On Alleged Air Quality Violations

by Bruce Goodman | Varnum LLP on 12/12/2012

As required under the federal Clean Air Act, the Sierra Club has filed a “notice of intent to sue” alleging at least 1330 air quality violations by DTE Energy coal-fired power plants: St. Clair, Belle River, and Trenton...more

Alberta Court of Appeal Decides Panel Not Required to Determine Adequacy of Crown’s Aboriginal Consultation

by Martin Ignasiak, Jessica Kennedy | Osler, Hoskin & Harcourt LLP on 12/1/2012

On November 26, 2012, the Alberta Court of Appeal released the decision of Justice Slatter denying leave to appeal a decision made by the Joint Review Panel (the Panel) established to evaluate Shell Canada’s application to...more

FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets

by Daniel E. Hemli, Jacqueline R. Java | Bracewell & Giuliani LLP on 11/16/2012

On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and...more

CFTC General Counsel Clarifies Application of “Swap” Definition to Energy Transportation and Storage Contracts

by Leonard, Street and Deinard - Dodd-Frank and... on 11/15/2012

The CFTC Office of General Counsel (“OGC”) issued an interpretation today regarding application of the “swap” definition (and forward contract exclusion thereunder) to energy transportation and storage contracts, in response...more

REGULATORY: D.C Regulatory: The FTC’s Revised Green Guides Provide Direction for Renewable Energy Marketing Claims by Harold Shaw...

by King & Spalding on 11/9/2012

The Federal Trade Commission (“FTC”) recently adopted revised Guides for the Use of Environmental Marketing Claims (“Green Guides”).[1] The 2012 Green Guides, which modify a 1998 version, are not binding regulations but are...more

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