News & Analysis as of

Critical Infrastructure Sectors

NERC and power company reach settlement on violations of cybersecurity standards

With increased awareness of the urgent threat that cybersecurity failures pose to critical infrastructure, regulators have been stepping up their enforcement efforts, particularly against those entities that fail to establish...more

FBI and DHS Issue Alert Regarding Russian Hackers

by Murtha Cullina on

The Federal Bureau of Investigation and the Department of Homeland Security issued a joint Technical Alert late last week to warn that Russian government-based hackers are actively targeting U.S. utilities, other critical...more

Cyber Risk News & Trends

Cybersecurity This Month - Are U.S Elections At Risk? "Frankly, the United States is under attack," U.S. Director of National Intelligence Dan Coats said at the Senate Intelligence Committee’s annual hearing on...more

Infrastructure Series: Paying for and Permitting Water Infrastructure

by WilmerHale on

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Infrastructure Series: Fast-Tracking Electric Transmission Infrastructure

by WilmerHale on

This is the third issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Data Exposure by Vendor Leads to $2.7 Million NERC Penalty for Utility

by Morgan Lewis on

A seven-figure penalty reported by the North American Electric Reliability Corporation demonstrates the potentially severe consequences for electric utilities related to improper data handling practices and underscores the...more

Coal Combustion Residuals: U.S. Environmental Protection Agency Proposed Rule

The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more

Alert: M&A Guide to CFIUS: Deciding Whether to Submit Voluntarily to CFIUS Review

by Cooley LLP on

As discussed in a prior article in this series, the Committee on Foreign Investment in the United States is authorized to review certain cross-border mergers, acquisitions and investment transactions and to recommend that the...more

Mixed Messages on PABs: Fit for the Chopping Block or Cornerstone of Infrastructure Finance?

by Bracewell LLP on

Only a few months ago, the public finance industry was shaken when the U.S. House of Representatives proposed to eliminate tax-exempt private activity bonds (“PABs”), despite previous assurances that tax reform would not...more

What to Watch: Five Key Features of the Infrastructure Package

by Bracewell LLP on

The President has announced more details regarding the new national infrastructure initiative that he referenced during his State of the Union address. The details suggest the Administration is taking a new approach to...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

COGCC Issues New Rules on Flowline Disclosure

by Snell & Wilmer on

With the booming population in Colorado, more and more people have found themselves moving closer to oil and gas operations. This has had some grave consequences in recent times, but the industry has been quick to respond to...more

DOE Announces New Cyber Office to Elevate Importance of Risks to Energy Sector - Effort Builds on Prior White House, DOE and FERC...

by Holland & Knight LLP on

The President’s FY 19 Proposed Budget, issued on Feb. 12, 2018, featured a heavy focus on the cybersecurity risks to the nation’s critical infrastructure and included budget increases for cyber specific missions within...more

A Possible Formula for Puerto Rico's Hurricane Recovery: Distributed Renewable Energy

by Sullivan & Worcester on

In October 2017, Hurricane Maria swept through the Commonwealth of Puerto Rico decimating the island, taking hundreds of lives and demolishing infrastructure on an enormous scale. In the hurricane’s immediate aftermath,...more

Alteration of U.S. Army Corps of Engineers Civil Works Projects: February 5th Federal Register Notice Proposing Engineer Circular

The United States Army Corps of Engineers (“Corps”) issued a February 5th Federal Register notice proposing to issue an Engineer Circular (“EC”) related to the policies and procedures for processing certain requests to alter...more

Advanced Reactors Front and Center at House Committee Hearing on Nuclear Energy

by Hogan Lovells on

The House Committee on Energy and Commerce, Subcommittee on Energy held a hearing February 6, 2018 to discuss the challenges facing America’s nuclear infrastructure, including advanced reactor development. ...more

Rhode Island To Issue New RFP For 400 Megawatts of Clean Energy

by Pierce Atwood LLP on

This week, Rhode Island Governor Gina M. Raimondo directed the Office of Energy Resources to work with the state’s utilities in issuing a request for proposals (RFP) for 400 megawatts of clean energy from solar, wind, and...more

A Path to Federal P3s for Infrastructure? ABA Subcommittee Suggests Changes to OMB Budgetary Scoring

by Nossaman LLP on

Much has already been said already about President Trump’s call to “rebuild our crumbling infrastructure,” in his first State of the Union address. The President asked Congress to advance a $1.5 trillion infrastructure plan...more

The Trump Scorecard – One Year Later

by Womble Bond Dickinson on

In our inaugural Wealth Management newsletter in February, 2017, we analyzed the President’s campaign platform and made predictions about the President’s legislative agenda. We checked our predictions in May and again in...more

Reform Proposes Sweeping Changes to CFIUS Reviews

Over the past year, a bipartisan group of legislators in Congress has been drafting and soliciting support for a new statute that, if passed, would dramatically reform national security reviews performed by the Committee on...more

Chinese Investments and the Committee on Foreign Investment in the United States

by Jones Day on

The Situation: Transactions involving Chinese investors continue to receive increased scrutiny by CFIUS. The Result: Chinese investments in the United States can face an uphill battle at CFIUS....more

Electrical Infrastructure Standards Updated to Meet Cybersecurity Threat

by Bennett Jones LLP on

A quote famously attributed to then FBI Director, Robert Mueller, in March 2012 advised that: “There are only two types of companies: those that have been hacked, and those that will be.”...more

In-fo’ a CFIUS Review: The Expanding Power of CFIUS through Data Security Scrutiny

CFIUS is expanding its reach. Where the Committee on Foreign Investment in the United States has generally scrutinized foreign acquisition of U.S. “critical infrastructure,” it has now signaled that it may look closely at any...more

New Chinese Government Report Highlights Recent Data Protection Enforcement and Attitudes

by McDermott Will & Emery on

In the final days of 2017, the vice chairman of the Standing Committee of China’s National People’s Congress (NPC) submitted a report to the Standing Committee of the NPC detailing the Network Security Law enforcement...more

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