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Energy & Utilities Updates

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.
Gray Reed

Uri Force Majeure Cases Still Percolating

Gray Reed on

Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

McGinnis Lochridge on

Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Akin Gump Strauss Hauer & Feld LLP

Rescission of Useless Water Pressure Standards (Trump EO Tracker)

Directs the Secretary of Energy to rescind or amend specific appliance efficiency regulations, suspend enforcement of those provisions and related statutory standards. It also instructs the Secretary and the Director of...more

Foley Hoag LLP - Energy & Climate Counsel

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more

Husch Blackwell LLP

Powerful Promises: Performance Guarantees and Liquidated Damages in Solar and Biogas EPC Contracts

Husch Blackwell LLP on

Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make...more

Flaster Greenberg PC

The Battle Over The Constitution Pipeline

Flaster Greenberg PC on

In 2020, following a bitter eight-year fight, Williams Corporation canceled its plans to build the Constitution Pipeline. The pipeline would have carried natural gas from the gas fields of Northeastern Pennsylvania...more

Flaster Greenberg PC

How France May Squander Its Nuclear Energy Advantage

Flaster Greenberg PC on

The global rise of Artificial Intelligence (AI), the proliferation of data centers, urbanization in emerging markets, and increasingly widespread electrification are all major factors driving the insatiable demand for...more

Bennett Jones LLP

BC Government Streamlines Renewable Energy Regulatory Process and Announces 2025 Call for Power

Bennett Jones LLP on

On April 30, 2025, the Government of British Columbia tabled Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act (Bill). The Bill would accelerate the permitting of renewable energy projects in the province...more

K&L Gates LLP

Carbon Quarterly – Volume 11

K&L Gates LLP on

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more

DLA Piper

US Treasury Takes on Cartels Part Deux: Combating Cartel-Connected Oil Smuggling Schemes

DLA Piper on

The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN), in coordination with the Office of Foreign Assets Control (OFAC), the US Drug Enforcement Administration (DEA), the Federal Bureau of...more

Seyfarth Shaw LLP

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Seyfarth Shaw LLP on

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs...more

Goldberg Segalla

Navigating Environmental Jurisdiction: DOJ’s Challenge to State Climate Superfund Laws

Goldberg Segalla on

The U.S. Department of Justice filed lawsuits against New York and several other states, challenging their newly enacted state Superfund laws (Superfund lawsuits). The laws aim to address the environmental damages attributed...more

Troutman Pepper Locke

California’s AB 550: A Blueprint for Balancing Development and Species Conservation

Troutman Pepper Locke on

California’s drive toward a net-zero carbon economy by 2045 is sparking innovative solutions to harmonize environmental conservation with infrastructure development. Assembly Bill (AB) 550, sponsored by Assembly Member...more

Beveridge & Diamond PC

Maryland General Assembly Passes Key Environmental and Energy Legislation in Spring 2025 Session, Including EPR for Packaging and...

Key Takeaways The Maryland General Assembly concluded its spring 2025 legislative session on April 7, 2025. The General Assembly spent a considerable portion of the session attending to the State’s pressing budget issues. As...more

Hogan Lovells

Energy Buzz: Trends in construction contracts for energy transition projects

Hogan Lovells on

With plans for energy transition infrastructure projects well underway, their successful delivery demands that parties swiftly get to grips with the important issues when negotiating, administering and managing claims and...more

Troutman Pepper Locke

Crude Crimes: Treasury Warns on Oil Smuggling and Money Laundering

Troutman Pepper Locke on

The Treasury Department has taken initial steps to implement the Trump administration’s “total elimination” policy directed at certain drug trafficking cartels. Most recently, on May 1, Treasury’s Financial Crimes Enforcement...more

Hogan Lovells

The Future of Energy: Microgeneration in Germany (Part 3) – how is it financed?

Hogan Lovells on

Microgeneration has always been a cornerstone of the German energy supply, due to its diversified production and manufacturing industry, which is spread out over the country....more

Ropes & Gray LLP

UK Introduces New Russia Sanctions

Ropes & Gray LLP on

On April 23, 2025, the UK Government published the Russia (Sanctions) (EU Exit) (Amendment) Regulations 2025 (the “Amending Regulations”), which took effect on April 24, 2025. The Amending Regulations amend the Russia...more

Health Care Compliance Association (HCCA)

And Then There Were Nine: Disappearing OHRP To Join Enforcement Agency; NIH Cuts Outlined

When it comes to changes roiling the federally supported research landscape, April offered no letup from the first three months of the year; if anything, the pace and magnitude increased. In one instance, an agency—the HHS...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Saline County...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Pinewood Wastewater, LLC (“Pinewood”) entered into an April 9th Consent Administrative Order (“CAO”) addressing alleged...more

Cozen O'Connor

Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

Cozen O'Connor on

A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more

Robinson+Cole Environmental Law +

States Sue Trump Administration Over Blocked Wind Developments

On Monday, May 4, 2025, a coalition of 17 states and the District of Columbia filed suit in Massachusetts District Court over the Trump administration’s efforts to block federal permits for all offshore wind development. The...more

Mayer Brown

Unleashing American Energy: Deregulatory Executive Orders

Mayer Brown on

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state,...more

Troutman Pepper Locke

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

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On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business...more

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