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Energy & Utilities General Business

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

Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing Operations

My law firm colleague Nate Read and myself authored an article for the Arkansas Oil Marketers Association publication The Canopy titled: Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

FERC Terminates DOE’s Proposed Grid Resiliency Rulemaking Effort and Opens Its Own Investigation

by Perkins Coie on

In an order issued Monday, January 8, 2018, the Federal Energy Regulatory Commission unanimously terminated the rulemaking proceeding it previously initiated in response to a directive issued last fall by U.S. Department of...more

More Energy Service Contracts Should Now Qualify as Maritime

As anticipated previously, the en banc Fifth Circuit in In re Larry Doiron, Inc., jettisoned the two-tier, six-factor test of Davis & Sons, Inc. v. Gulf Oil Corp. in favor of a new “simplified” test to determine whether “a...more

Drilling Down On NAFTA Renegotiations: Energy Sector Primer

by King & Spalding on

During the fifth round of talks regarding the renegotiation of the North American Free Trade Agreement (NAFTA), which were held in Mexico City from November 17-21, 2017, the United States Trade Representative (USTR) published...more

Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

by Liskow & Lewis on

In a highly anticipated ruling, the United States Fifth Circuit Court of Appeals issued its en banc decision in In re: Larry Doiron, Inc., No. 16-30217 (5th Cir. Jan. 8, 2018). The case called upon the court to determine...more

PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors

by Steptoe & Johnson PLLC on

Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity that has a non-resident member, and is...more

Gas Market Reform in Asia: an Update on the Implementation of Third Party Access to LNG Import Terminals

by King & Spalding on

The rise of natural gas and LNG in Asia continues apace, fuelled by a convergence of plentiful global LNG supply, growing demand, moves towards cleaner fuel supply and competitive natural gas pricing. A key part of the...more

Hydraulic Fracturing Services: New York Appellate Court Addresses Request to Dismiss Common-Law Indemnification Claim

The Supreme Court of the State of New York (Appellate Division)(“Court”) in a December 22, 2017, Memorandum and Order (“Order”) addressed whether a lower court erred in failing to dismiss a third-party claimant’s...more

Ohio Supreme Court refuses to recognize an implied covenant to explore further

by Bricker & Eckler LLP on

On January 3, 2018, the Supreme Court of Ohio issued an opinion in Alford v. Collins-McGregor Operating Co., Slip Opinion No. 2018–Ohio–8, affirming the dismissal of the landowners’ complaint for failure to state a claim upon...more

Solar Test Case Heads to North Carolina Supreme Court

The North Carolina Waste Awareness and Reduction Network (NC WARN), a Durham, North Carolina based activist group, has filed an appeal of a North Carolina Court of Appeals decision upholding the North Carolina Utilities...more

Italy Curtails the GSE’s Sanctioning Powers for Renewable Energy Source Plants

by McDermott Will & Emery on

On 23 December 2017, the Italian Senate approved the Household Law for 2018. The law, which is still to be published in the Official Gazette, will enter into force on 1 January 2018. ...more

(Plaintiffs Claiming) Trespass Beware

by Liskow & Lewis on

In Chauvin v. Shell Oil Company, the Louisiana Fifth Circuit Court of Appeal affirmed the judgment of the trial court granting summary judgment to defendants on Plaintiffs’ trespass action. In doing so, the Fifth Circuit made...more

Petroleum Marketing Industry: E-Z Mart Stores, Inc. (Texarkana, Texas) to be Acquired by GPM Investments, LLC

Texarkana, Texas based E-Z Mart Stores, Inc. (“E-Z Mart”) has announced it is being acquired by GPM Investments, LLC (“GPM”). The privately-owned company is a major petroleum marketer operating almost 300 convenience...more

Currents - Energy Industry Insights - December 2017 #3

Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more

Economic Loss Rule Precludes Negligence Claims in the Southern California Gas Leak Litigation

by Locke Lord LLP on

On December 15, 2017, a California appellate court held in Southern California Gas Co. v. Superior Court, No. B283606, 2017 WL 6398546 (Cal. Ct. App. Dec. 15, 2017), that Southern California Gas Company (“SoCalGas”) did not...more

West Viriginia Supreme Court Applies Doctrine Of Severability To Enforce Lease’s Arbitration Provision, Despite Other Provisions...

by Pepper Hamilton LLP on

SWN Prod. Co., LLC v. Long, 2017 W. Va. LEXIS 892 (W. Va. Oct. 18, 2017) - Respondents Richard and Mary Long (“Respondents” or “Lessors”) brought a state court action against Petitioner SWN Production Company, LLC...more

Opinions to Expect From the Texas Supreme Court

by Gray Reed & McGraw on

The Texas Supreme Court recently heard oral argument in three intriguing oil and gas cases. Here’s what you need to know about two of them (We’ll address the third case soon)....more

Whiskey Aging Emissions: Supreme Court of Kentucky Addresses Whether Clean Air Act Preempts Common Law Claims

The Supreme Court of Kentucky addressed whether common law claims filed related to air emissions were preempted by the Clean Air Act. See Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. Miller, 2017. The...more

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

by Holland & Knight LLP on

• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

Brexit Negotiations: As the First Phase Draws to a Close, the Next Phase Awaits

The UK and the EU have published a joint report at the conclusion of the first phase of the UK’s Article 50 withdrawal negotiations. Agreement has been reached in principle on three key issues: the rights of EU citizens in...more

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

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