News & Analysis as of

General Business Energy & Utilities

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

Attorney Fees Recoverable Even When Contract Voided

by Low, Ball & Lynch on

California-American Water Co. v. Marina Coast Water District, et al. - Court of Appeal of the State of California, First Appellate District, Division One November 15, 2017 - The California-American Water Company, a...more

Court Issues New Test For Determining Whether An Offshore Oilfield Services Contract Constitutes A Maritime Contract

by King & Spalding on

Maritime laws developed for the blue-water shipping industry have always been an imperfect fit for the offshore oil and gas industry. While both industries face the perils of the sea, what constitutes a vessel and who does a...more

Taiwan Offshore Wind Farm Projects: Guiding Investors through the Legal and Regulatory Framework

by Jones Day on

The Taiwanese Government has set aggressive renewable energy targets, with a particular focus on the development of its offshore wind power capabilities. This exciting new market presents great opportunities for foreign...more

Australian Government Further Tightens FIRB Controls, Now Over Critical Electricity Assets

by Jones Day on

In early 2016, the Australian Government announced the introduction of new standard tax conditions and appeared to indicate that the conditions would be applied universally to all foreign investment approvals. Later that...more

Landmark UK Case Takes A Stand: Parent Companies May Be Liable For Their Subsidiaries’ Alleged Human Rights Abuses

by King & Spalding on

A landmark United Kingdom case recently has made it clear that UK-based parent companies may be found liable for human rights violations committed by their foreign subsidiaries. Plaintiffs all over the world are filing...more

Master Limited Partnerships: Fundamentals and Related Structuring and Formation Considerations

by King & Spalding on

It has been a rough three years in the energy sector. We all witnessed the precipitous decline in oil and gas prices and the wide-spread carnage that followed. As of July 2017, 130 oil and gas producers have filed for...more

Force Majeure

by Reed Smith on

By definition, Force Majeure is usually unexpected and sudden. Are you ready? Do you know what to do and when? Was sufficient consideration given to Force Majeure when the relevant sale contracts were made? This alert looks...more

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California

by Stoel Rives LLP on

In the recently issued but unpublished decision Reed v. SunRun, Inc. (Los Angeles County Super. Ct. No. BC498002, Feb. 2, 2018), the Second District Court of Appeal ruled that a solar power purchase agreement (“PPA”) provider...more

Understanding Limitations of Liability: Recent Alberta and Canadian Case Law

by Field Law on

Contractual liability limitations are a means of managing risk in construction contracts. Depending on the type of project, the type of possible damages, and the availability (or unavailability) of insurance, liability...more

FHA to Discontinue Insuring Mortgages with PACE Assessments

by Weiner Brodsky Kider PC on

On December 7, 2017, FHA issued Mortgagee Letter 2017-18, announcing that it will no longer insure new mortgages on properties that include Property Assessed Clean Energy (PACE) assessments. This new policy is effective for...more

Landfill Gas Collection System: Federal Appellate Court Addresses Competing Claims for Possession

The Seventh Circuit Court of Appeals addressed the priority of claims between the City of Peoria, Illinois, and Banco Panamericano, a secured creditor, regarding gas-to-energy conversion infrastructure left behind from a...more

Tried and trusted: US M&A in 2017: Energy dealmaking is fueled by oil and power

by White & Case LLP on

Oil & gas dealmaking continues to generate the bulk of sector activity; consolidation in the power sector was driven by unsettled market conditions. M&A in the energy sector has taken a hit in 2017, with value dropping...more

The sanctions landscape: what to expect in 2018

by Dechert LLP on

In 2017 there were a number of major sanctions developments in the EU and the US, with implications for businesses both in terms of keeping their compliance processes effective, and in terms of what to do if breaches are...more

Trespass Plaintiff: First, Prove Your Ownership

by Gray Reed & McGraw on

Chauvin v. Shell Oil Company et al is the potful of legal unpleasantness that can be stirred up by landmen trying to buy easements, leases, and the like. A number of plaintiffs – descendants of grantors of two parcels of...more

Energy & Sustainability 2017 Year in Review: Notable Deals and Financial Activities (Part 4 of 4)

In this four-part series, we revisit 2017’s biggest developments in Energy & Sustainability-related news, milestones, policy changes, and financial transactions. This is the fourth installment of the series. Click to read...more

FRANCHISEE 101: Out of Time, Out of Gas

by Lewitt Hackman on

A California federal judge held that breach of contract claims brought by franchisees of two ARCO-branded gas stations against their franchisor BP West Coast Products were untimely, and declined to adopt the franchisees'...more

Tried and trusted: US M&A in 2017: Consumer and financial services power into 2018

by White & Case LLP on

The consumer, energy, financial services and tech sectors had standout years in 2017. HEADLINES - Consumer deal value jumped 139 percent year-on-year to reach US$167.8 billion - Energy, mining and utilities was the top...more

Solar Energy Generating Systems: Judicial Challenge of California County's Tax Assessment

California’s Fourth District Court of Appeals considered the validity of the assessment methodology used by the San Bernardino County Assessor to calculate the annual tax on solar properties. See Luz Solar Partner Ltd., III...more

Trade Barrier on Solar Cells and Modules to Significantly Impact US Solar Industry

On January 22, 2018, U.S. Trade Representative (USTR) Robert E. Lighthizer announced that President Donald Trump had decided to impose safeguard remedies, or temporary trade barriers, with respect to imports of crystalline...more

EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits

by Foley & Lardner LLP on

In a major change in air permitting policy, on January 25, 2018 U.S. EPA reversed its longstanding “once in, always in” policy governing what sources are subject to major source regulations for the emissions of air toxics...more

How Will President Trump’s Solar Panel Trade Barrier Affect the Solar Industry?

by Harris Beach PLLC on

With President Trump’s recent announcement of import tariffs on solar panels, the domestic solar energy industry now faces an additional challenge – how to continue to generate cost-competitive power in order to continue...more

New Ohio Court Ruling Tackles Issues Critical to Lessees

by Steptoe & Johnson PLLC on

Another significant oil and gas law decision has recently been published out of the Ohio Seventh District Court of Appeals. In the case of Hogue v. Whitacre, 2017-Ohio-9377, released on December 22, 2017, the Seventh District...more

Trump Administration Announces New Tariffs on Imported Solar Cells and Modules

Following months of speculation, on January 23, 2018, the Trump Administration issued a Proclamation announcing new tariffs on imported solar cells and modules (the “Solar Tariff”) in response to the Section 201 petition...more

State of the Financial Restructuring Market

Continuing low interest rates and generally improved economic conditions in the U.S. and worldwide during 2017 have reduced financial distress and the need for business bankruptcies in most sectors. However, out-of-court...more

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