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General Business Energy & Utilities

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

U.S. power generation 2022: Will gas or renewables rule?

Power generation in the United States is greener and more reliant on gas than ever before, but what will the fuel mix look like in 2022? IIR Energy’s Britt Burt analyzes the data....more

Creating opportunities out of energy sector risk

When managing energy sector risk, what are the most important areas to prioritize? Featuring the views of 250 senior professionals, our special report considers how to turn supply chain risks into opportunities for...more

Blockchain in Energy – Where Do We Stand? Where Do We Go From Here?

For all the publicity generated by the recent increase in value of Bitcoin, as well as the generally increasing awareness of the existence of blockchain technology, the recent Blockchain in Energy Forum 2018 held in New York...more

Diesel Additives & Filtration Issues: American Chemistry Council Petroleum Additives Panel Report (March 2018)

The American Chemistry Council’s (“ACC”) Petroleum Additives Panel’s Fuel Additives Task Group prepared a March 2018 report titled: Overview of Diesel Additives & Filtration Issues (“Report”) ...more

Lack of Proof Dooms Pugh Clause Defense

by Gray Reed & McGraw on

There are specific requirements for proving that an oil and gas lease has survived past its primary term. Fail to hit them all when the lease is challenged at the courthouse, wand disappointment will be order of the day....more

[Webinar] Duke Energy's North Carolina CPRE Program - Latest Developments - March 20th, 11:00am ET

by Williams Mullen on

Are you planning to submit a renewable energy project under Duke Energy’s competitive procurement under Part II of H.B. 589? Duke Energy’s solicitation for 680 MW of renewable energy and capacity is expected to be released...more

Prohibition of Post-Production Expenses on Flat Rate Royalty Leases in West Virginia

Summary of S.B. 360 - SB 360 applies to flat rate royalty leases, i.e. leases for which the royalty is not "inherently related to the volume of oil and gas so extracted, produced, and marketed," and the conditions upon...more

Attorney General Electricity Battle Over PPAs in Alberta Comes to a Close

The Attorney General of Alberta (AG) and ENMAX have recently settled the legal proceedings brought in 2016 (AG Action) by the provincial government against several former buyers of power purchase arrangements (PPAs). The AG...more

West Virginia Cotenancy Modernization and Majority Protection Act

Summary of H.B. 4268 - At its core, the Cotenancy Modernization and Majority Protection Act ("Act") is a revision to the relationship between cotenants owning "oil or natural gas and their constituents." The Act is...more

SCOTUS Rules United States May Pursue Its Interstate Water Compact Claims in Texas v. New Mexico and Colorado

by K&L Gates LLP on

On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more

Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA Claims

by Perkins Coie on

An importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection (CBP) unlawfully denied preferential treatment for its imports under the North American Free Trade...more

Power Hungry Cannabis Industry Faces Mix Of Energy Related Taxes, Fees, And Regulations

by Cole Schotz on

Growing cannabis, especially indoors, is energy-intensive. It can take upwards of 5,000 kWh to grow just one kilogram of cannabis (2,000 kWh to grow one pound) as compared to 10,000 kWh of energy to power a residence in the...more

Patronage capital case dismissed

Pennsylvania’s REA Energy Cooperative, Inc. obtained dismissal of a putative class action lawsuit last year, a decision that was recently confirmed by the US District Court for the Western District of Pennsylvania. The...more

Supreme Court Decides Texas v. New Mexico

by Faegre Baker Daniels on

On March 5, 2018, the Supreme Court of the United States decided Texas v. New Mexico, No. 141 Orig., holding that the United States may pursue the Rio Grande Compact claims it has pleaded as an intervenor in a water rights...more

New Royalty Valuation Recommendations

by Holland & Hart LLP on

On February 28, 2018, the Royalty Policy Committee (RPC) met in Houston to present recommendations for improving the Department of the Interior's (DOI) valuation of royalties from oil, gas, and coal produced on federal and...more

Episode 28 -- Due Diligence and Third-Party Risk Management (Part I of III)

by Michael Volkov on

Companies continue to face significant risks from their third parties.  In response, companies are implementing sophisticated due diligence and third party risk management systems.  FCPA enforcement risks are only one of...more

Coal Lease/National Environmental Policy Act: Federal Court Addresses Challenge to Bureau of Land Management Environmental...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a February 27th opinion addressed a challenge by the Northern Plaints Resource Council, Inc. (“NPRCI”) to an Environmental Assessment (“EA”)...more

The EU Publishes a First Draft of the Withdrawal Agreement with the UK

We now have more clues on what the terms of the EU’s divorce from the UK may look like—expect friction. The European Union has published a draft of the proposed Withdrawal Agreement covering the UK’s departure from the EU...more

Investment Outlook 2018: Transaction and deal trends in the GCC

by Hogan Lovells on

Gulf economies and markets have transformed in many ways in response to three years of low oil prices, new regional leadership and a global world order in flux. The tougher fiscal environment and renewed drive to implement...more

February 2018: Attaching Debts Due Under Letters of Credit in the UK

Introduction - The case of Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 involved Taurus Petroleum Ltd. (“Taurus”), a Geneva-based oil trading company, and...more

No parent company duty of care for Niger Delta claims

by Allen & Overy LLP on

The Court of Appeal has ruled that the English courts do not have jurisdiction over claims by victims of oil leaks from pipelines in the Niger Delta. The judgment comes after the Lungowe & ors v Vedanta Resources Plc [2017]...more

Bankruptcy Court in the Southern District of Texas Finds That Preferential Rights Are Unenforceable in a Debtors Proposed Asset...

by Reed Smith on

On February 13, 2018, the Hon. Marvin Isgur (United States Bankruptcy Judge for the Southern District of Texas) considered whether preferential rights – such as a party’s “Right of First Refusal” – were enforceable in a sale...more

FERC Votes to Encourage Electric Storage

by Foley & Lardner LLP on

On February 15, 2018, the Federal Energy Regulatory Commission (FERC) voted to require all Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) to revise its tariffs to establish a participation...more

Landmark FERC Rule Paves Way for Electric Storage in Wholesale Markets

by Morgan Lewis on

Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation and enhance competition in regional transmission organization and...more

What’s on the horizon for the LNG market in 2018?

Following a rise in the supply of liquefied natural gas (LNG) in recent years, it was speculated that these cargoes would be unable to find buyers. However, demand for the commodity has aligned with this increased supply. In...more

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