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Inflation Reduction Act
Recent Legal Developments in the Roaring Utica Shale
Ohio's Utica Shale has been one of the hottest shale plays in the nation over the past six to nine months and in the midst of the impressive amount of activity (both from a transactional and operational standpoint) practitioners (and...
First Texas GHG Permit Upheld by EPA's Environmental Appeals Board
To listen to the podcast, please click here . On March 14, 2014, the Environmental Appeals Board (EAB) within EPA issued an order denying review of the first petition for review of a Texas greenhouse gas (GHG) prevention of significant...
Oklahoma Enters the Fray of Endangered Species Sue-and-Settle
On March 17, 2014, the State of Oklahoma sued the U.S. Department of the Interior, taking aim at the U.S. Fish and Wildlife Service's habit of settling large Endangered Species Act cases with Environmental Non-Governmental Organizations. The lawsuit signals an...
New Spotlight on Spill Prevention and Emergency Response
Two high-profile industrial accidents in the last year have focused public attention on compliance with often-overlooked federal standards for spill prevention and emergency response planning. As legislatures contemplate stricter standards and agencies dial up their enforcement, industrial facilities may wish...
Partnership Verdict In Dallas: You May Be Married and Not Know It
On Tuesday, March 4, 2014, a Dallas jury found that Enterprise Products Partners, L.P. ("Enterprise") had entered into a partnership with Energy Transfer Partners, L.P. ("ETP") to jointly develop a crude oil pipeline from Cushing, Oklahoma to the Texas Gulf...
The Supreme Court Extends the Sarbanes Oxley Act Whistle-Blower Protections
To listen to the podcast, please click here . On Tuesday, the U.S. Supreme Court ruled that the whistle-blower protections of Section 806 of the Sarbanes Oxley Act apply to employees of privately held companies that are contractors or subcontractors...
The Future of the UK North Sea: A New Game with More Rules
On 24 February 2014, Sir Ian Wood delivered his Final Report (the " Report ") on the future of the UK Continental Shelf (" UKCS "). The Report sets out a number of conclusions and recommended actions relating largely to...
FERC Confirms the Long Reach of Open Access Requirements
This week the Federal Energy Regulatory Commission (FERC) put to rest any doubt that transmission rights pursuant to a pre-Order No. 888 transmission service agreement are subject to the FERC's open access regime when the agreement is modified or becomes...
Paper Company, Arguing that FERC Lacks Jurisdiction over Demand Response, Files Motion to Dismiss FERC Manipulation Action
On December 2, 2013, FERC filed a Petition for an order affirming its assessment of a civil penalty in the District of Massachusetts against Lincoln Paper and Tissue, LLC ("Defendant"), alleging that the Defendant engaged in a manipulative scheme as...
Third Circuit Asks U.S. Attorney General for Opinion on Federal Power Act Pre-emption of State Law
In an unusual move, on February 21, 2014 the Court of Appeals for the Third Circuit ("Third Circuit") asked the U.S. Attorney General for his opinion as to whether the Federal Power Act ("FPA") preempts New Jersey's Long Term Capacity...
FERC Responds to Barclays Motion to Dismiss as Without Merit and so Aggressive That if Granted it Could "Eviscerate" FERC's Ability to Regulate Wholesale Power Markets
On July 16, 2013, the Federal Energy Regulatory Commission ("FERC") issued an order finding Barclays Bank PLC ("Barclays"), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (together with Barclays, "Defendants") in violation of FERC's anti-manipulation regulations and assessed significant...
Beyond Shale: Are Methane Hydrates the Next Energy Source?
The energy of the future could lie buried deep underneath the world's oceans and the Arctic permafrost. Methane hydrates, also known as "flammable ice," are vast reservoirs of natural gas trapped in ice-like crystals and hold out the potential to...
Could You Be A Commodity Trading Advisor or Commodity Pool Operator and Not Know It?
As the Commodity Futures Trading Commission's ("CFTC") Division of Swap Dealer and Intermediary Oversight recently reminded market participants in a Staff Advisory , entities that meet the definition of a commodity trading advisor ("CTA") are subject to various regulatory requirements...
EPA Proposes TCEQ Take Over GHG Permitting in Texas
On Tuesday, February 4, 2014, EPA issued a pre-publication copy of a proposed rule that if adopted would transfer greenhouse gas (GHG) permitting in Texas from EPA Region 6 to the Texas Commission on Environmental Quality (TCEQ). The proposed rule...
Clash Of Titans over Biosimilars at FTC Workshop
On Tuesday, February 4, the Federal Trade Commission (FTC) conducted an all-day public workshop at its headquarters in Washington, D.C. on competition issues involving biologics and biosimilars. 1 During highly informative presentations and roundtable discussions, the FTC and various stakeholders...