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General Business Energy & Utilities

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Federal Court Finds California PURPA Programs Non-Compliant

In a decision issued last week, the U.S. District Court for the Northern District of California granted summary judgment in favor of Winding Creek Solar LLC (“Winding Creek”). Winding Creek had alleged that certain California...more

Battery Development in the Auto Industry Leads to Electrification of Ships and Planes

by Foley & Lardner LLP on

With the release of the new Tesla semi-truck in November, the public’s attention was captured with the idea of emission-free movement of freight. In the United States, over 70% of freight is carried at some point by truck,...more

Court rules in favor of Eclipse in oil and gas lease case

by Bricker & Eckler LLP on

On November 30, 2017, the U.S. Court of Appeals, Sixth Circuit issued an opinion in Eclipse Resources - Ohio, LLC v. Madzia, affirming the lower court’s grant of summary judgment to Eclipse Resources in all respects. ...more

Alberta’s Balancing Pool Confirms Right to Terminate Keephills Power Purchase Agreement

Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench...more

Bonn Climate Talks Discuss Litigation Trend Linking Climate Change and Human Rights

by King & Spalding on

Climate change has been in the news recently in the wake of the Bonn Climate Talks, which took place between November 6 and 17, 2017. One key take away from the Talks: energy companies must seriously consider potential...more

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

FERC Puts Cloud Over Certain Oil Pipeline Marketing Affiliate Transactions

by Dorsey & Whitney LLP on

In an unexpected shake up in the oil pipeline industry, the Federal Energy Regulatory Commission (“FERC” or “Commission”) recently declined to approve an oil pipeline’s proposal to have its marketing affiliate obtain its...more

Tax Alert Regarding the Impact of the Senate Bill on the Energy Industry

Early Saturday morning the Senate passed its tax bill by a vote of 51 to 49. The bill as passed included a large number of last-minute important changes that were needed to secure the votes for passage, including some so...more

Ohio Takes a Position on Market-Value-at-the-Well Royalty Clauses*

by Gray Reed & McGraw on

In Ohio, in calculating royalties in a market-value-at-the-well lease (as distinguished from a “proceeds” lease), post-production costs are to be shared proportionately by the working interest and royalty owners. ...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Blue Apron co-founder Matt Salzberg is following the Steve Ells path of stepping aside as CEO after recent struggles. In Blue Apron’s case, the company’s never really recovered from the rough patch that started not long after...more

A Twist in Oil Patch Arbitration

by Gray Reed & McGraw on

Would you trust your $12 million arbitration to accountants rather than lawyers? Sometimes it makes sense. In Order_Apache v. YPF SA, delegating an accounting dispute to accountants was right. The problem was in the...more

Notify the ATO of Your Water Rights: Foreign Register of Water Entitlements is Now in Place

by K&L Gates LLP on

As of 1 July 2017, foreign persons must now register their interests in relevant water entitlements with the Australian Taxation Office (ATO). The Water Register has been combined with the existing register of foreign...more

Wastewater Disposal for Craft Brewers

by Bowditch & Dewey on

Last month, a local brewery was informed by the Water & Sewer Commission in its town that its wastewater contained more pollutants than was originally anticipated. Then last week, news broke that the brewery and the...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Whether Field Invoice Terms Limit Damage Claims

The Supreme Court of the State of New York (Appellate Division) (“Court”) in a November 9th Memorandum and Order (“Order”) addressed whether field invoices provided to a customer for the performance of hydraulic fracturing...more

Prompt Reporting is Key to the Upset Defense

by Williams Mullen on

Companies discharging industrial process wastewater often face challenging circumstances at their wastewater treatment facilities. Unexpected equipment malfunctions or system failures can lead to discharges that exceed...more

Renewable Energy in the Asia-Pacific Fourth Edition

by DLA Piper on

DLA Piper is proud to release the 4th edition of Renewable Energy in the Asia-Pacific. This publication is an ambitious task, seeking to capture the key renewable energy market highlights across the vast Asia-Pacific region,...more

The Impact On U.S. Corporations If The House's "Tax Cuts And Jobs Act" Passes

We drafted a tax alert that addresses the impact of the much anticipated "Tax Cut and Jobs Act" (H.R. 1) on the taxation of U.S. Corporations. The complete text of the alert is available here. Below is a brief summary of H.R....more

The International Tax Impact Of The 2017 Tax Cuts And Jobs Act

We drafted a tax alert that addresses the impact of the much anticipated "Tax Cut and Jobs Act" (H.R. 1) on the international corporate tax landscape. ...more

Third party debt orders and letters of credit

by Allen & Overy LLP on

The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens the door for third party...more

The Impact On Energy If The House's "Tax Cuts And Jobs Act" Passes

We drafted a tax alert that addresses the impact of the much anticipated "Tax Cut and Jobs Act" (H.R. 1) on the energy industry. The complete text of the alert is available here. Below is a brief summary of H.R. 1. ...more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

Choice of Law in Host Government Agreements

by King & Spalding on

Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions sometimes consist of stabilization clauses in the...more

ITC Proposes Tariffs in Solar Trade Case

by Foley & Lardner LLP on

After hearing days of arguments and considering dozens of filings from solar companies both opposed to and in support of trade action, the U.S. International Trade Commission (ITC) today recommended tariffs on imported solar...more

An Asian LNG Spot Price – Have We Reached the Tipping Point?

by King & Spalding on

For several years, many government agencies, LNG industry players and commodity trading organisations have been pushing for the development of an Asian LNG market price that is independent of oil prices and reflective of the...more

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