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MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day....more
MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more
The North American Energy Standards Board (“NAESB”) Base Contract is the most commonly used form contract for physical purchases and sales of natural gas within the industry. It has existed in its current form since 2006;...more
European energy companies face unprecedented uncertainty as a result of Russia's invasion of Ukraine. A potential reduction or cessation of Russian gas imports is not unforeseeable and would invariably affect all market...more
After severe winter weather forced Texas into experiencing power outages and rolling blackouts, there will likely be resulting federal and state investigations into the outages, federal investigations into commodity and...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more
The 2017 hurricane season has already had a significant impact, with Hurricanes Harvey and Irma causing billions of dollars of damage in Texas and Florida. And more hurricanes are likely on the way. ...more
In a ruling of significant importance for those confronting force majeure (“FM”) issues in natural gas trades, and a win for Hess Corporation (“Hess” or “Plaintiff”), the Superior Court of New Jersey, Appellate Division ruled...more
In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when,...more