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PHMSA Updates its Latest Enforcement Tool: Emergency Order Final Rule
On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency) issued three long awaited final rules . This post addresses the Agency’s final rule on Emergency Orders , a significant new tool in PHMSA’s pipeline...
Environmental Enforcement Defense 101
The federal and state environmental agencies have a vast array of enforcement tools with which they seek to impose penalties or require significant capital and process improvements on the part of the regulated community in circumstances where the agencies identify...
Integrated Exploration and Extraction Service Contracts: the new model to be used by Pemex to reactivate fields and increase production
The 2019-2023 Business Plan for Pemex and its Subsidiaries (the “Business Plan”) provides that Pemex aims to promote partnerships between the public and the private sectors under a risk-sharing scenario that expects to achieve optimal exploitation and increase crude oil...
PHMSA Publishes Long-Awaited Final Rules
Tomorrow’s Federal Register will include three final rules published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) that have been years in the making: (1) Safety of Gas Transmission Pipelines: Maximum Allowable Operating Pressure Reconfirmation, Expansion of Assessment Requirements...
USDOL’s Final Salary Regulations: Impact on Exempt Employees and the Possibility of Future Litigation
On September 24, 2019, the U.S. Department of Labor (“USDOL”) announced its new Final Overtime Rule . The 2019 Final Rule comes in the wake of the heavily litigated salary threshold regulations issued by the Obama Administration in 2016. The...
FERC Proposes Significant Reforms to its QF Regulations
On September 19, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”) [1] proposing significant changes to FERC’s regulations governing qualifying facilities (“QFs”) [2] pursuant to the Public Utility Regulatory Policies Act of...
Broad U.S. Discovery Now Available in Foreign Arbitrations
In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals and entities within the United States...
SEC Proposes Rules to Update Statistical Disclosure Requirements for Bank and Savings and Loan Registrants
On September 17, 2019, the Securities and Exchange Commission (the “SEC”) proposed rules that would update the statistical disclosures provided by banking registrants in response to Industry Guide 3, Statistical Disclosure by Bank Holding Companies (“Guide 3”). The proposal results...
LNG in Europe: Current Trends, the European LNG Landscape and Country Focus
Overview This article provides an overview of current trends in the European LNG market, describes the status of the pan-Europe LNG landscape, and looks at recent activities in individual European LNG-importing countries. Current Trends in the European LNG Market Growth...
Mexico's Agenda for 2020 in Energy and Infrastructure
Andres Manuel Lopez Obrador, Mexico's president recently issued the general criteria of economic policy for the country's 2020 annual budget. The document describes several undertakings to trigger economic growth in Mexico in the upcoming year. One of the main items...
EPA Repeals Obama Rule Defining Waters of the U.S.
On Thursday, September 12, EPA General Counsel Matt Leopold announced EPA’s final rule repealing the 2015 Waters of the United States (“WOTUS”) Rule. Significantly, General Counsel Leopold did not announce the final replacement WOTUS Rule, which was proposed in February...
The Final ESA Rule: "Taking" Stock of the Changes and Challenges
The Endangered Species Act is a key, and sometimes controversial, environmental law with significant implications for energy and infrastructure development. The federal government recently issued final rules that change, in certain respects, implementation of the law. This webinar will explore...
Recent Florida News: Toll Road P3s and Autonomous Vehicles
1. Multi-use Corridors of Regional Economic Significance (“M-CORES”) - Three potential new Florida Public-Private Partnerships (“P3”). On May 17, 2019, Florida Governor Ron DeSantis signed into law SB 7068 (the “Bill”), directing the Florida Department of Transportation (“FDOT”) to create...
An Alternative Structure for Certain P3 Projects – The 63-20 Financing
With all of the talk about the need for infrastructure legislation, public-private partnerships (or “P3s”) are receiving increased national attention. What exactly constitutes a P3 is an ever-evolving question, and the answer you get often depends upon whom you ask...
Caught in the Crosshairs at Work: Practical Considerations for Employers to Prevent and Address Violence in the Workplace
Employers are charged with the responsibility of ensuring a safe and healthful environment for their employees, including a workplace free from violence. Unfortunately, OSHA estimates that more than 2 million individuals are affected by workplace violence every year and the...