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Nutter McClennen & Fish LLP

Environment & Energy Insights (August 2024)

​Welcome to the August edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover: EPA’s new Facility Response Plan requirements for potential...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — July 2024

On June 4, 2024, a number of Congressional Democrats (10 Senators; 28 Congressmen) sent a letter to SEC Chairman Gensler, urging that the SEC “enforce existing SEC climate disclosure-related guidance” while the legal...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Ankura

Natural Gas Restrictions in the U.S.: Examining the State of Play, Policy Objectives, Legal Developments, and Antitrust...

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In recent years, local governments have imposed restrictions or outright bans on the use of natural gas in residential and some commercial buildings, mostly affecting new construction and grandfathering existing buildings....more

Bracewell LLP

ExxonMobil Strikes Back: Energy Companies Take a More Proactive Approach to Activist ESG Shareholders

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ExxonMobil has filed proceedings in the US District Court for the Northern District of Texas against two shareholders, alleging that proposals seeking an increased pace for reductions in emissions amount to “intrusion” into...more

McDermott Will & Emery

International News: Spotlight on Foreign Investment

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In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reups Support for LNG Export Terminals Immediately Prior to Losing Jurisdiction

On October 27, 2023, the Federal Energy Regulatory Commission (FERC or the Commission) issued orders on two liquefied natural gas (LNG) export terminal projects sponsored by Rio Grande LNG, LLC (Rio Grande) and Texas LNG...more

Bracewell LLP

The 2023 AIEN Model Form JOA Placing ESG issues at the heart of oil and gas operations

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On 16 February 2023, the Association of International Energy Negotiators (“AIEN”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating...more

Eversheds Sutherland (US) LLP

Fifth Circuit requires Chapter 15 debtor to litigate in Texas state court

It may be fair to say that non-US entities involved in a chapter 15 case, the mechanism through which US courts recognize foreign insolvency proceedings, do not anticipate having to litigate claims raised in the chapter 15...more

Bracewell LLP

Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm...

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In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor’s suit to recover Winter Storm Uri...more

Steptoe & Johnson PLLC

FERC Broadens Definition of Affiliate; Increases Investor and Utility Scrutiny

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On October 20, 2022, the Federal Energy Regulatory Commission (FERC) issued two orders broadening the definition of “affiliate” under federal electric regulations. Pursuant to Evergy Kansas Cent., Inc. and TransAlta Energy...more

Morgan Lewis - Power & Pipes

Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen

Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win...more

Latham & Watkins LLP

Green Power and the Protections of Intra-EU Energy Investment

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The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Latham & Watkins LLP

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

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A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. ...more

Goldberg Segalla

Companies Face State Court Claims for Climate Damage After Circuit Courts Hold That Such Claims Are Not “Inherently Federal”

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Federal appeals courts in Maryland and Colorado have sent lawsuits seeking to hold energy companies responsible for climate change back to state court even after the U.S. Supreme Court directed the Fourth Circuit to take a...more

Morgan Lewis

Understanding Regulatory and Environmental Challenges to Offshore Energy Projects

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As renewable energy grows in popularity, offshore power generation has been bolstered by recent federal and state initiatives that support the development and integration of offshore renewables to achieve emission reduction...more

Pillsbury Winthrop Shaw Pittman LLP

Sixth and Eighth Circuits Confirm the Broad Applicability of the Price-Anderson Nuclear Industries Indemnity Act

Recent federal court decisions in the Sixth and Eighth circuits affirm holdings in other circuits - The Sixth Circuit, in Matthews v. Centrus Energy Corporation, affirmed that the Price-Anderson Act broadly preempts state...more

Akin Gump Strauss Hauer & Feld LLP

Tenth Circuit Avoids Circuit Split in PURPA Dispute, Revives Federal Suit

In a unanimous decision issued this week, the U.S. Court of Appeals for the 10th Circuit sided with rooftop solar owners in a dispute over the jurisdictional scheme established by the Public Utility Regulatory Act (PURPA)....more

King & Spalding

Quantum Quarterly – Issue 12 – 4 Quarter 2020

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Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more

Perkins Coie

Washington Developing Streamlined Solar Project Permitting Process

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The Energy Facility Site Evaluation Council (EFSEC) is continuing its efforts to develop a streamlined process for permitting solar energy facilities in Washington state. EFSEC’s goal is to develop a more efficient,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Dismisses Petition to Make Net Metering Jurisdictional

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the “Commission”) dismissed the petition for declaratory order (“Petition”) filed by the New England Ratepayers Association (NERA) asking FERC to assert...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Foley Hoag LLP - Environmental Law

The Wehrum Memo Still Isn’t Final Agency Action

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the “once in, always in” case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion, dissented from the denial....more

Nelson Mullins Riley & Scarborough LLP

The Sixth Circuit Sets Standard on Power Struggle at Play in Bankruptcy Proceedings Between a Federal Agency and its Federally...

In In re FirstEnergy Solutions Corp., 2019 WL 6767004 (6th Cir. Ct. App.), the United States Court of Appeals affirmed in part, reversed in part, and remanded to the bankruptcy court for further consideration, the...more

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