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General Business Energy & Utilities Environmental

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

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

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

PA PUC Approves PA-American Water’s Fair Market Value Acquisition of McKeesport Wastewater System

by Cozen O'Connor on

In one of the first acquisitions to be decided pursuant to a 2016 amendment to the Pennsylvania Public Utility Code (Code) that allows a public utility to rate base fair market value instead of depreciated original cost, the...more

Green finance: Legal frameworks and international practice

by White & Case LLP on

Green finance has been defined as “financing of investments that provide environmental benefits in the broader context of environmentally sustainable development”. As the number of “green finance” transactions is increasing...more

Factories Shut Down Across China in Unprecedented Environmental Crackdown

by Latham & Watkins LLP on

In recent months, teams of inspectors from China’s Ministry of Environmental Protection and the Communist Party’s anti-corruption commission have conducted a slew of surprise inspections of various industrial facilities...more

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a...more

Currents - Energy Industry Insights - October 2017

An Obscure Statute Is Helping Trump Save U.S. Coal, Nuclear - "Rick Perry is using an authority granted to him as U.S. energy secretary to call on the independent Federal Energy Regulatory Commission to change its rules...more

U.S. Poultry & Egg Association: Tyson Foods Scranton, Arkansas Facility Wins Clean Water Award (Full Treatment Category)

The U.S. Poultry & Egg Association (“Association”) announced in a September 21st news release that Tyson Foods River Valley Animal Foods (“Tyson”) in Scranton, Arkansas was a recipient of the 2017 Clean Water Award....more

ITC Decision Could Cloud Outlook for Solar Project Developers

by Jones Day on

A recent decision by the U.S. International Trade Commission ("ITC") could have long-term consequences for the U.S. solar industry. On September 22, 2017, the ITC found, by a vote of 4-0, that rising imports have caused...more

Is an Entity Supplying and Operating Solar Panels for an Unrelated Facility a Public Utility? North Carolina Appellate Court...

The Court of Appeals of North Carolina (“Court”) addressed in a September 19th opinion whether an entity supplying and operating a system of solar panels to a North Carolina facility is a “public utility” under North Carolina...more

Greenhouse gas emissions trading schemes: A global perspective - UK

by White & Case LLP on

EU's trading scheme framework dominates, but Brexit brings uncertainty - As early as 2002, the UK began preparing for international emissions trading. It initiated a pilot emissions trading scheme (UK ETS) in anticipation...more

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

DOMINICAN REPUBLIC—Update: Conditions for CDEEE-Related PPAs for Renewables

In our August 1, 2017 Cross Border Transactions Newsletter we informed about the announcement made by the Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE) regarding several new conditions included in the Power...more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control

by King & Spalding on

The Joint Operating Agreement (“JOA”) is one of the most important documents to be considered in relation to a direct or indirect change in the ownership of interests in any oil and gas project, whether by way of (a) a...more

Important Deadlines Looming for Illinois Power Agency’s Initial Forward Procurement of Renewable Energy Credits from Utility-Scale...

by Bryan Cave on

On July 19, 2017, the Illinois Power Agency (“IPA” or “Agency”) issued its Request for Proposals Process and Rules (“RFP Rules”) under which the Agency will solicit fifteen year contracts for the delivery of 1,000,000 ...more

Ukraine: Draft Changes to PPA for Renewables

by Dentons on

Please be informed that on 25 July 2017 National Commission on State Regulation of Energy and Utilities in Ukraine (the “Regulator”) has adopted the draft changes to the template (prymirnyy) PPA between producers of...more

Energy Independence in the Age of Renewables

by Foley & Lardner LLP on

Facing the traditional energy sector’s uncertain future and the decreased cost of producing renewable energy, many companies have taken to generating their own power. Manufacturers may be in an ideal position to do the same...more

ESOS – Lessons Learned and Looking to the Future

by Hogan Lovells on

Large businesses will remember the challenges of trying to comply with Phase I of the Energy Savings Opportunity Scheme (ESOS) in the run up to Christmas 2015. “Trying” was the operative word because “lead assessors” (who are...more

Illinois Power Agency Revises Standard Contract Requirements for Solar and Wind Energy Projects Eligible to Receive Renewable...

by Bryan Cave on

This Client Alert continues our reports regarding the Illinois Power Agency’s ("IPA”) on-going implementation of the Illinois’ Future Energy Jobs Bill (Public Act 99-0906), which became effective on June 1, 2017. (See prior...more

U.S. States, Cities, & Corporations Unite to Uphold Paris Climate Accord

On June 1st, 2017, President Trump announced that the United States would withdraw from the landmark Paris climate accord, sparking serious concern about the future of global efforts to mitigate climate change. In response,...more

Sea Change? What Does Trump’s Decision on the Paris Agreement Mean?

This week, President Trump announced his decision to withdraw the United States from the Paris Agreement, describing it as “disadvantaging the United States” and indicating that the United States will “cease implementation”...more

Trade & Manufacturing - News of Note - May 2017

by King & Spalding on

U.S. Government To Investigate Effects Of Steel, Aluminum Imports On National Security - In late April, Commerce Secretary Wilbur Ross initiated two investigations to determine the effects of imported steel and aluminum on...more

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