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Energy & Utilities General Business

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.
A&O Shearman

Termination turmoil: when knowing your rights makes all the difference

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The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more

Mintz

Eleven States Sue Asset Managers for Alleged ESG Antitrust Violations

Mintz on

The day before Thanksgiving, eleven Republican state attorneys-general (representing Texas, Alabama, Arkansas, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, West Virginia and Wyoming) filed a lawsuit against three...more

Morgan Lewis

Concept of Investment Policy of the Republic of Kazakhstan Approved Until 2029

Morgan Lewis on

On October 18, 2024, the government by its resolution approved the Concept of Investment Policy of the Republic of Kazakhstan until 2029 (the Concept). The main goals of the Concept are to attract at least US$ 150 billion of...more

Bracewell LLP

Federal Register Notice on November 26, 2024, Establishes Date for Compliance Filings for FERC Elimination of Generator...

Bracewell LLP on

On October 17, 2024, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 904, finding on a generic basis that allowing transmission providers to charge customers for a generating facility’s provision of...more

McGuireWoods LLP

The Supreme Court of Appeals of West Virginia Answers Important Issues for Oil and Gas Well Operators

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On Nov. 14, 2024, the Supreme Court of Appeals of West Virginia issued a 3-2 opinion that answered two certified questions in Romeo v. Antero Resources Corp. The court found that oil and gas operators must bear postproduction...more

Morgan Lewis - Up & Atom

DC Circuit Upends CEQ Authority But Will the Decision Impact NRC Actions

The National Environmental Policy Act of 1969 (NEPA) requires federal agencies, including the Nuclear Regulatory Commission (NRC), to evaluate the potential environmental impacts of their proposed actions. That statute also...more

Stikeman Elliott LLP

Manitoba Announces New Affordable Energy Plan

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The Manitoba Affordable Energy Plan will provide significant opportunities for clean power and EV projects, including opportunities for First Nations and Métis communities to have majority interests on new wind projects....more

Oliva Gibbs LLP

“After Acquired Title” to Remain a Caged-Bird after Dellit v. Schleder, 2022 MT 196, 518 P.3d 830

Oliva Gibbs LLP on

Introduction - “No one has a vested interest in any rule of common law.” Meech v. Hillhaven W., 776 P.2d 488, 494 (Mont. 1989). Luckily the Montana legislature has codified the common law rule of after-acquired title as a...more

Bradley Arant Boult Cummings LLP

Department of Homeland Security Updates UFLPA Entity List: 29 Chinese Companies Added to List for Ties to Use of Forced Labor

On November 22, 2024, the Department of Homeland Security (DHS) updated the Uyghur Forced Labor Prevention Act (UFLPA) Entity List to add 29 companies based out of the Peoples Republic of China bringing the total number of...more

Foley Hoag LLP - Energy & Climate Counsel

FERC’s Order No. 1920-A Invites States to Participate in Regional Transmission Cost Allocation Decisions

On November 21, 2024, FERC voted to approve Order No. 1920-A, an order on rehearing and clarification that modifies Order No. 1920, the May 2024 landmark regional transmission planning and cost allocation rule. In this post,...more

White & Case LLP

Net-zero by 2050: is the mining & metals sector on track to reduce greenhouse gas emissions?

White & Case LLP on

We explore how the mining & metals sector is navigating the road to greenhouse gas emissions reduction and what more needs to be done to fulfil the sectors potential to become a beacon in the transition to net-zero....more

Jones Day

Final Regulations Expand Access to "Direct Pay" Elections for Energy Credits

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The U.S. Department of the Treasury and the Internal Revenue Service have issued final regulations allowing tax-exempt entities that are partners in clean energy projects to elect to receive energy tax credits in cash....more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Association of State Energy Officials': 2025 Bipartisan Energy Policy Recommendations Released

The National Association of State Energy Officials (“NASEO”) has released a document titled: 2025 Bipartisan Energy Policy Recommendations: America’s Competitive Advantage – Affordable and Abundant Clean Energy (“2025...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability M&A Activity — December 2024

November 18, 2024: Piedmont Lithium, a U.S. based, development-stage, multi-asset, integrated lithium business in support of a clean energy economy and energy security, reached a definitive agreement to be acquired by Sayona...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Client Feature — Sora Fuel

This month we are excited to feature our client Sora Fuel and their recent success in closing a $6 million seed round to expand their Boston-based team, develop commercialization partnerships, and further advance the...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — December 2024

The SEC continues its focus on greenwashing, despite the recent disbandment of the SEC’s Climate & ESG Task Force.Notably, in the past month, the SEC Department of Examinations has issued a risk alert focused on greenwashing,...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Connections Newsletter — December 2024

Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox...more

Mintz

Maine Sues Major Fossil Fuel Companies

Mintz on

Last week, the State of Maine became the latest state or local government to sue the major fossil fuel companies for damages related to climate change. There are around three dozen lawsuits bringing common law and state tort...more

Mayer Brown

Milieudefensie v Shell: Dutch Appeals Court Overturns Ruling That Shell Must Reduce Its CO2 Emissions by 45%

Mayer Brown on

On 12 November 2024, a Dutch appeals court ruled that Shell does not have to reduce its CO2 emissions by 45% by 2030 compared to 2019 levels, as previously ordered by the Hague District Court on 26 May 2021. Shell now has the...more

Gray Reed

Master Service Agreement Imposes a Ceiling on Indemnity Obligations

Gray Reed on

Mr./Ms. Negotiator/scrivener/reviewer of Master Service Agreements: When did you last review your go-to indemnity provision? In light of Century Surety Company v. Colgate Operating LLC., perhaps you should do it now. The...more

K&L Gates LLP

Governor Shapiro Fast Tracks Critical Infrastructure Project Permitting

K&L Gates LLP on

On 19 November 2024, Pennsylvania Governor Josh Shapiro signed Executive Order No. 2024-04, streamlining and accelerating the permitting process for critical infrastructure projects within the Commonwealth. The Executive...more

DLA Piper

Horizon - ESG Regulatory News and Trends - November 2024

DLA Piper on

Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions....more

Gray Reed

Climate Change Contrarians: Saying What Needs To Be Said

Gray Reed on

COP29 is upon us (Perfidy, thy name is the UNIPCC) being held in the greenwashing Republic of Azerbaijan. And ironically, there are dire warnings from some quarters about the methods “anti-science” Donald Trump will deploy to...more

Verrill

Governor Healey Enacts Transformative Clean Energy and Economic Development Laws: Streamlined Permitting, Equity Protections, and...

Verrill on

On November 20, 2024, Governor Maura Healey signed the Massachusetts Leads Act, engrossing House Bill 5100 (the “MA Leads Act”), which, among many funding provisions, contains two changes that will significantly benefit...more

Hogan Lovells

Offshore Wind Worldwide: Regulatory framework in selected countries

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“Halfway through 2023 and we find ourselves in gripping times as the offshore wind market further grows—within the ‘first’ home regions and beyond. Along with these developments, not the least "offshore wind auctions taking...more

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