|
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Industry Review, we look at the Brazilian use of the phrase “local content,” which has begun to appear more frequently in the laws, internal policies and tender protocols of governments and companies around the world, particularly with regards to the oil & gas industry. We also explore how the local content requirement is affecting research and development in Brazil’s oil & gas industry.
|
|
|
On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “Act”), which was passed by both the Senate and House of Representatives on January 1, 2013.
|
|
|
On 8 October 2012, the Chancellor of the Exchequer, George Osborne, announced that the British Government will soon be consulting on “a generous new tax regime for shale so that Britain is not left behind as gas prices tumble on the other side of the Atlantic.”
|
|
|
We have now had sight of an unofficial translation of the long-awaited new Foreign Investment Law, signed into law by President Thein Sein on 2 November 2012.
|
Media Coverage
6 May 2013
|
Mayer Brown, a leading global law firm, announced that prominent tax attorney Edward C. Osterberg, Jr. has joined the firm in Houston as a partner in the Tax Transactions & Consulting practice. Previously, he was a partner at Vinson & Elkins in Houston.
|
Legal Update
4 April 2013
|
Mayer Brown Legal Update
On March 28, 2013, the United States Commodity Futures Trading Commission (CFTC) issued two final orders. The first, the RTO/ISO Order, exempts four types of specified transactions in certain organized markets of five petitioning regional transmission organizations (RTOs), independent system operators (ISOs) and the Electric Reliability Council of Texas (ERCOT).
|
News Release
20 March 2013
|
London Corporate & Securities partner Rob Hamill comments on George Osborne’s plans to increase investment in UK Shale Gas industry as announced in the Budget today.
|
Legal Update
20 March 2013
|
Mayer Brown Legal Update
Breaking news from the UK Parliament: The Chancellor, George Osborne, delivered his fourth Budget speech in the House of Commons this afternoon indicating an intention to introduce a package of support measures designed to encourage production of low carbon fuels for a low carbon economy.
|
Media Coverage
14 March 2013
|
Upstream magazine (subscription required)
Banking & Finance partner Kevin Shaw (Houston) is quoted in an article discussing how industry players expect Chinese investment in US tight oil and gas plays to increase.
|
News Release
14 March 2013
|
Mayer Brown, a leading global law firm, announced that it provided legal counsel on two transactions that were named 2012 “Deals of the Year” by Project Finance magazine. The awards recognize innovation and excellence in energy and infrastructure finance, and are selected by the magazine’s staff of experienced journalists in consultation with influential market participants.
|
Media Coverage
8 March 2013
|
The New York Times
Energy partner Jose Valera (Houston) is quoted in an article discussing the state of the oil industry in Venezuela.
|
News Release
22 February 2013
|
Mayer Brown, a leading global law firm, announced that it represented Chesapeake Energy Corporation in the negotiation of a 10-year agreement with Methanex, the world’s largest supplier of methanol, to supply 350 billion cubic feet of natural gas required for Methanex’s methanol plant in Louisiana.
|
Media Coverage
January 2013 issue
|
Oil & Gas Financial Journal
In part two of a bylined article, Energy partner Marc Folladori and associates Robin Clarkson and Jeff Dobbs (all Houston) examine comments by the Securities and Exchange Commission in regard to companies' compliance with amended oil and gas disclosure rules.
|
News Release
19 February 2013
|
Mayer Brown, a leading global law firm, announced today that it has been recognized in the inaugural LMG Clean Technology & Renewable Energy guide, published by Euromoney’s Legal Media Group. The guide is a definitive resource for practical, in-depth analysis of the clean technology and renewable energy legal market in the United States.
|
|
|
我们的全球项目团队参与了世界各地众多项目,充分展示了强大的业务实力。从钻井船、油气管道、电站、风电场到机场、桥梁、公路、隧道,我们处理的项目种类多样,遍及各大洲。以全球网络平台和本地优势专长为依托,我们的律师以深厚的行业经验为客户提供卓越的项目服务。
|
News Release
31 January 2013
|
Mayer Brown, a leading global law firm, announced today that it is representing Sinochem Petroleum USA LLC, a US subsidiary of the Beijing-based Sinochem Group, on a $1.7 billion transaction to purchase a 40% undivided interest in approximately 207,000 net oil and natural gas leasehold acres held by Pioneer Natural Resources Company in the highly prospective horizontal Wolfcamp shale play within the Spraberry Trend of the Midland Basin in west Texas. Under the agreement, Sinochem will acquire approximately 82,800 net acres of leasehold with development rights for all the horizontal Wolfcamp shale play and deeper horizons.
|
Media Coverage
31 January 2013
|
Texas Lawyer blog
A Texas Lawyer blog post details the arrival of Bill Heller and Harry Beaudry at Mayer Brown.
|
Media Coverage
25 January 2013
|
Law360
A Law360 feature article details the arrival of Corporate & Securities partners Bill Heller and Harry Beaudry (Houston) at Mayer Brown.
|
News Release
24 January 2013
|
Mayer Brown, a leading global law firm, announced that William T. Heller IV and Harry R. Beaudry have joined the firm as partners in its Corporate & Securities practice in Houston. Previously, Mr. Heller and Mr. Beaudry were partners at Thompson & Knight.
|
Legal Update
23 January 2013
|
Mayer Brown Legal Update
The US Federal Energy Regulatory Commission (FERC) has issued a final Policy Statement (Statement) to refine and clarify its policy guidance regarding capacity allocation for new merchant transmission projects and non-incumbent cost-based, participant-funded transmission projects.
|
Media Coverage
14 January 2013
|
Inter-American Dialogue’s weekly Latin America Energy Advisor newsletter
In a featured Q&A, Energy partner José Valera (Houston) discusses the outlook for Bolivia's oil, gas and electricity sectors in 2013.
|
News Release
14 January 2013
|
Mayer Brown JSM has advised the largest privately-owned clean-energy developer in China, Hanergy Holding Group Limited (Hanergy), on its acquisition of Silicon Valley-based MiaSolé. MiaSolé is a high-tech company that designs and manufactures solar photovoltaic cells and modules, to convert sunlight into electricity.
|
Legal Update
3 January 2013
|
Mayer Brown Legal Update
On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “Act”), which was passed by both the Senate and House of Representatives on January 1, 2013.
|
News Release
2 January 2013
|
Mayer Brown, a leading global law firm, announced that Bill Hart Jr. has joined the firm in Houston as a partner in the Banking & Finance practice. Previously, he was a partner with Baker Botts in Houston.
|
Legal Update
2 January 2013
|
Mayer Brown Legal Update
On November 15, 2012, the US Federal Energy Regulatory Commission (FERC) issued a Policy Statement to provide additional and revised guidance regarding its evaluation of applications for electric transmission incentives under section 219 of the Federal Power Act.
|
Media Coverage
2 January 2013
|
Law360
In a feature article, Law360 details the arrival of Houston Banking & Finance partner Bill Hart Jr.'s arrival to the firm.
|
News Release
20 December 2012
|
Mayer Brown, a leading global law firm, announced that partners Marcia Madsen and Christopher Erckert have been named “MVPs” by Law360, a recognition honoring attorneys “whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.”
|
Media Coverage
December 2012 issue
|
Oil & Gas Financial Journal
In a bylined article, Energy partner Marc Folladori and associates Robin Clarkson and Jeff Dobbs (all Houston) address publicly-held exploration and production companies' compliance with the oil and natural gas disclosure rules adopted by the Securities and Exchange Commission in 2008.
|
Media Coverage
December 2012
|
|
Media Coverage
14 December 2012
|
Law360
Banking & Finance partner Christopher Erckert (Washington, DC) is profiled as a Law360 "MVP" in the publication's Project Finance category.
|
Media Coverage
December 2012
|
Latin America Energy Advisor (page one)
In a Q&A feature, Energy partner Jose Valera (Houston) discusses the outlook for investment in Argentina's energy sector in 2013.
|
Legal Update
5 December 2012
|
Mayer Brown Legal Update
Contrary to expectation within the business community, the Chancellor has announced in his Autumn Statement that the CRC has been granted a reprieve. At the time of the Budget in the spring, he said that the CRC would be abolished unless ways could be found to simplify the scheme which resulted in significant savings for business.
|
|
|
Mayer Brown JSM has been advising clients in the energy sector for decades. Our worldwide client base includes companies representing the full spectrum of the energy industry, and those that finance or invest in them.
|
|
|
This guide offers a comprehensive overview of the complex relations of planning, financing and realizing of wind turbines. The guide does not only include legal issues and basic principles but also technical aspects, such as questions of locational choices, operating and maintenance of wind turbines as well as quality management.
|
Media Coverage
November 2012
|
Pipeline & Gas Journal
In a bylined article, Energy partner Jose Valera and associate Robin Clarkson (both Houston) discuss several project issues impacting LNG agreements.
|
Media Coverage
19 November 2012
|
Building Magazine
Bylined article by London Construction & Engineering partner Kwadwo Sarkodie discussing the key considerations for working in Tanzania.
This article was first published in Building Magazine, 19 November 2012.
|
Legal Update
19 November 2012
|
Mayer Brown JSM Legal Update
|
Media Coverage
15 November 2012
|
Energy Risk (subscription required)
Banking & Finance partner Paul Forrester (Chicago) is quoted in an article discussing how the US Commodity Futures Trading Commission is answering concerns over treatment of physical gas storage and transportation agreements under the Dodd-Frank Act.
|
Legal Update
9 November 2012
|
Mayer Brown JSM Legal Update
On 2nd November 2012, President Thein Sein signed into law the long-awaited new Foreign Investment Law.
|
Media Coverage
1 November 2012
|
Alberta Oil
Government & Global Trade partner David Bloom (Washington, DC) is quoted in an article discussing how a North American supply glut in shale gas has complicated long-term deals linked to oil prices.
|
Legal Update
19 October 2012
|
Mayer Brown Legal Update
On 8 October 2012, the Chancellor of the Exchequer, George Osborne, announced that the British Government will soon be consulting on “a generous new tax regime for shale so that Britain is not left behind as gas prices tumble on the other side of the Atlantic”.
|
Legal Update
17 October 2012
|
Mayer Brown Legal Update
The energy industry was able to heave a collective sigh of relief based on the treatment of energy transactions under the so-called Swap Product Rule1 jointly adopted on August 13, 2012, by the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) and, in particular, the forward contract exclusion2 contained in the rule.
|
Media Coverage
12 October 2012
|
Law360
Banking & Finance partner Ian Coles (London) is quoted in an article discussing that African sovereigns are negotiating for more control and better benefits in deals with developers seeking to tap the continent's vast energy and mineral resources.
|
Legal Update
8 October 2012
|
Mayer Brown JSM Legal Update
The Buildings Energy Efficiency Ordinance (Cap. 610) (BEEO) came into effect on 21 September 2012. The objective of the BEEO is to promote the enhancement of energy efficiency in Hong Kong's buildings.
|
Media Coverage
6 October 2012
|
Edmonton Journal
Energy partners Toshi Yoshida (Houston) and Stuart McAlpine (London) are quoted in an article discussing the global liquefied natural gas (LNG) market.
|
Legal Update
5 October 2012
|
Mayer Brown Legal Update
On September 12, 2012, a foreign investor took the unprecedented step of challenging in federal court the authority of the Committee on Foreign Investment in the United States (CFIUS) to block, as a threat to national security, the investor’s acquisition of a US business. The parties to the transaction had notified CFIUS of the transaction only after its closing.
|
Media Coverage
3 October 2012
|
SNL Daily Gas Report
Energy partners Toshi Yoshida (Houston), Stuart McAlpine (London) and Jose Valera (Houston) are quoted on global LNG demand.
|
Media Coverage
3 October 2012
|
Interfax Natural Gas Daily
Energy partners David Bloom (Washington, DC) and George Miller (New York) and associate Robin Clarkson (Houston) are quoted extensively in an article discussing the regulatory risks facing many proposed LNG export projects in the United States.
|
Media Coverage
1 October 2012
|
Energy Risk
Banking & Finance partner Paul Forrester is quoted on publicly owned US utilities’ claims that energy companies are refusing to enter into hedges with them due to a quirk in the way regulators have interpreted the definition of a swap dealer in the Dodd-Frank Act.
|
Media Coverage
1 October 2012
|
Interfax Natural Gas Daily
Energy partner David Bloom (Washington, DC) is quoted in an article discussing the dilemma facing politicians this election season regarding LNG exports.
|
Media Coverage
28 September 2012
|
|
Media Coverage
26 September 2012
|
|
Media Coverage
26 September 2012
|
Platts LNG Daily
The article features quotes from Energy partners Toshi Yoshida (Houston) and Stuart McAlpine (London), which focus on the LNG market.
|
Media Coverage
21 September 2012
|
ICIS Energy
Energy partner David Bloom (Washington, DC) is quoted on the growing list of LNG export project applications pending approval from the US Department of Energy.
|
Media Coverage
19 September 2012
|
Interfax Global Natural Gas Daily
Energy partner David Bloom (Washington, DC) is quoted extensively on the delay of the US Department of Energy’s decision on LNG exports to non-free trade agreement countries.
|
Media Coverage
19 September 2012
|
The Houston Chronicle
Global Energy partners David Bloom (Washington, DC) and Jose Valera (Houston) are quoted in an article discussing the Department of Energy's decision to delay its report on gas exports.
|
Article
19 September 2012
|
Angola is a land of extremes. While many Angolans live in deepest poverty, the Angolan economy is the third largest in Sub-Saharan Africa, with annual GDP growth regularly topping 10 percent over recent years.
|
Article
19 September 2012
|
This year there have been a number of acquisitions and proposed acquisitions of onshore oil and gas assets in Nigeria. In August 2012, Eland Oil & Gas completed the indirect acquisition of a 45 percent interest in OML 40, an onshore oil and gas license area in the Niger Delta, from sellers including a subsidiary of Shell.
|
Newsletter
19 September 2012
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Industry Review, we look at Iraq’s efforts to increase its energy reserves and oil production by hosting several oil and gas licensing rounds over the past four years. The latest round was not well received by the word’s leading international oil companies, however, and we examine some of the reasons why this may have occurred.
|
Article
19 September 2012
|
The ideal mix of energy sources for generating power in the United States has long been debated.
|
Article
19 September 2012
|
Since 2008, Iraq has been conducting a series of high profile oil and gas licensing rounds, with the Iraqi govern¬ment’s strategy being to increase its energy reserves and raise oil production from current levels of 2.5 million barrels per day (BPD) to 6.5 million BPD by 2014.
|
Media Coverage
18 September 2012
|
Platts (subscription required)
Global Energy partner David Bloom (Washington, DC) is quoted extensively in an article discussing how the US Department of Energy is struggling to come up with a method to limit LNG exports.
|
News Release
13 September 2012
|
Three Mayer Brown partners have been named "Best Lawyers 2013 Lawyers of the Year" in their respective practice categories and office cities. Dallas Parker, Houston Venture Capital Law Lawyer of the Year; Brad Peterson, Chicago Technology Law Lawyer of the Year; and Paul Roy, Chicago Information Technology Law Lawyer of the Year.
|
Legal Update
6 September 2012
|
Mayer Brown Legal Update
In the August 30, 2012 Executive Order “Accelerating Investment in Industrial Energy Efficiency,” President Obama directs the Departments of Energy, Commerce and Agriculture, and the Environmental Protection Agency, in coordination with the National Economic Council, the Domestic Policy Council, the Council on Environmental Quality and the Office of Science and Technology Policy, to coordinate policies to encourage investment in industrial efficiency in order to reduce costs for industrial users, improve US competitiveness, create jobs and reduce harmful air pollution.
|
News Release
3 September 2012
|
Mayer Brown JSM today announced that Nathan Dodd has joined the firm as a partner in Singapore. Nathan has more than 13 years' experience in the Asian legal market, with a particular emphasis on the energy, natural resources and infrastructure sectors. His experience includes major project development transactions in Southeast Asia, South Asia and Africa and he will be a core member of Mayer Brown's global Projects group.
|
Media Coverage
17 August 2012
|
CNN Money
Corporate & Securities partner Jose Valera (Houston) is quoted in an article reporting on the decline of oil production in Mexico.
|
Legal Update
14 August 2012
|
Mayer Brown Legal Update
Since 2008, Iraq has been conducting a series of high profile oil and gas licensing rounds with the Iraqi Government’s strategy being to increase its energy reserves and raise oil production from current levels of 2.5 million barrels per day (“BPD”) to 6.5 million BPD by 2014.
|
Legal Update
13 August 2012
|
|
Media Coverage
July/August
|
Global Finance
Corporate & Securities partner Rob Hamill (London) is quoted in an article about the state of the oil industry in Nigeria.
|
Media Coverage
3 August 2012
|
Bloomberg BNA Daily Tax Report
Tax Transactions & Consulting partner Jeff Davis (Washington, DC) quoted in an article on the Senate Finance Committee’s approval of legislation that would extend for one year a production tax credit for the wind power industry and other expiring energy incentives.
|
Media Coverage
2 August 2012
|
Bloomberg BNA Daily Tax Report
Tax Transactions & Consulting partner Jeff Davis (Washington, DC) quoted in an article discussing efforts by the Senate Finance Committee to extend the wind power industry's production tax credit.
|
Media Coverage
2 July 2012
|
Recharge
Article profiles Government Relations partner Bob Hertzberg (Los Angeles) and his solar initiative in the UK, G24 Innovations.
|
|
|
Power Engineering
Bylined article by Corporate & Securites partner Toshi Yoshida (Houston) and Litigation & Dispute Resolution counsel Roger Patrick (Washington, DC) discusses the future of the power generation market.
|
Media Coverage
28 June 2012
|
InsideCounsel
Litigation & Dispute Resolution counsel Roger Patrick quoted on efforts to regulate fracking activity.
|
News Release
28 June 2012
|
Mayer Brown JSM announced today that it advised MIE Holdings Corporation (MIE) on the US$100 million acquisition of Sino Gas & Energy Limited (Sino Gas). MIE is listed in Hong Kong specialising in oil and gas exploration, development and production. Sino Gas is an Australian company focused on the exploration and development of unconventional gas assets in the Ordos Basin in the northern province of Shanxi.
|
News Release
26 June 2012
|
Mayer Brown JSM is pleased to announce that it has advised Hanergy Holding Group Limited (Hanergy), the largest privately-owned clean-energy developer in China on its acquisition of Solibro, a manufacturer of copper indium gallium diselenide (CIGS) co-evaporation technology and thin-film unit of insolvent German solar group Q-Cells SE (QCE).
|
|
|
Following the precedent of the Obama administration’s “Smart from the Start” initiative to speed offshore wind energy development off the Atlantic Coast, on March 30, 2012, the Obama administration and five of the eight Great Lakes littoral states signed a memorandum of understanding (MOU) intended to streamline the efficient and responsible development of offshore wind energy resources in the Great Lakes.
|
|
|
On 24 April 2012, the European Commission adopted a formal decision generally exempting from the EU procurement rules all public companies active in the production and wholesale of conventional electricity in Germany. The exemption covers all contracts for the purchase, construction, operation and maintenance of conventional power plants—e.g., gas and coal-fired ones—as well as related support activities such as combined heat and power plants (CHP).
|
|
|
After four years of research, consultation and drafting, the Association of International Petroleum Negotiators (AIPN) has published a new version of its model Joint Operating Agreement (2012 JOA), replacing the previous version (2002 JOA).
|
|
|
The very substance of the ambitious is merely the shadow of a dream ~William Shakespeare
A year has passed since the publication, in April 2011, by the European Commission (EC) of its Proposal for a Council Directive amending Directive 2003/96/EC (the Proposal), restructuring the European Community framework for the taxation of energy products and electricity (the Energy Taxation Directive). The purpose of this short contribution is to briefly discuss what the Proposal is seeking to achieve and provide some insights on where the process actually stands.
|
|
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Industry Review, we begin by highlighting key revisions of the Association of International Petroleum Negotiators’ 2012 Joint Operating Agreement (JOA). It is expected that this new JOA will take over as the new international industry standard, and our article examines how some of the changes reflect the latest commercial realities of the upstream oil and gas sector, particularly in light of events such as the Deepwater Horizon tragedy and the implementation of the UK Bribery Act 2010.
|
|
|
Vietnam’s declining oil production and growing energy needs will require the nation to intensify exploration and development of its deepwater resources. Continued reform of regulations governing oil exploration is necessary to attract foreign investors, who bring with them the technology and expertise necessary to undertake complex deepwater drilling projects.
|
|
|
Mayer Brown, a leading global law firm, announced today that the 2012 edition of Chambers USA: America’s Leading Lawyers for Business ranked 124 of its lawyers, with 149 total rankings, in 51 nationwide and/or state practice categories. Of these, 38 rankings are top-band or higher rankings in 25 nationwide and/or state categories.
|
Media Coverage
5 June 2012
|
Bloomberg
Corporate & Securities partner Jose Valera (Houston) quoted on the planned construction of a $4 billion pipeline to Canada’s West Coast for exporting natural gas.
|
|
|
Mayer Brown JSM Legal Update
Vietnam has recently issued several key pieces of legislation necessary to implement the 2010 Mineral Law. On 22 December 2011, Vietnamese Prime Minister ("PM") signed Decision No. 2427/QD-TTg ("Decision 2427") approving the national mineral resources strategy to 2020 with a vision to 2030.
|
|
|
Mayer Brown JSM Legal Update
On 9 March 2012, the Vietnamese Government issued Decree No. 15/2012/ND-CP ("Decree 15") detailing the implementation of a number of articles in the Mineral Law.
|
Media Coverage
31 May 2012
|
Law360
Banking & Finance partner Paul Forrester (Chicago) quoted on the Department of Defense investing in biofuels and other alternative energy sources.
|
|
|
Mayer Brown JSM Legal Update
On 26 March 2012 the Vietnamese Government issued Decree No. 22/2012/ND-CP ("Decree 22"). Decree 22 provides detailed regulations on Article 79.2 of the Mineral Law with respect to the principles, conditions and procedures for auctioning mineral mining rights. Other provisions relating to the auction process not covered under Decree 22 will comply with legislation on general auctions of assets.
|
Media Coverage
25 May 2012
|
Oil & Gas Journal
Coverage of the 7th Annual Mayer Brown Global Energy Conference in Houston includes comments from Corporate & Securities partner Toshi Yoshida regarding US LNG export projects.
|
|
|
Mayer Brown Legal Update
On May 4, 2012, the US Environmental Protection Agency (“EPA” or the “Agency”) released its draft guidance (the “Guidance”) explaining how federal permit writers should adapt existing underground injection control (UIC) requirements for Class II wells—which typically cover enhanced oil recovery, disposal of brines from oil and gas production, or hydrocarbon storage—to hydraulic fracturing using diesel fuel.
|
|
|
Mayer Brown Legal Update
On May 4, 2012, the US Bureau of Land Management (“BLM” or the “Bureau”), which is part of the Department of the Interior, released its proposed rule for regulating hydraulic fracturing on public and Indian lands. As expected, the proposal addresses public disclosure of fracturing fluid constituents, well-bore integrity, and wastewater management.
|
Media Coverage
1 May 2012
|
Law360
Article notes that Kirk Tucker has joined Mayer Brown’s Houston office as a partner in the Corporate & Securities practice and quotes Kirk and Houston Real Estate partner Neil Wasserstrom.
|
News Release
30 April 2012
|
Mayer Brown, a leading global law firm, announced today that Kirk Tucker has joined the firm in Houston as a partner in the Corporate & Securities practice. Previously, he was a partner with Thompson & Knight in Houston.
|
Media Coverage
25 April 2012
|
Law360
Bylined article by Chicago Banking & Finance partner Paul Forrester discusses the memorandum of understanding signed by the Obama administration and five Great Lakes littoral states that is intended to streamline the efficient and responsible development of offshore wind energy resources in the Great Lakes.
|
Legal Update
24 April 2012
|
Mayer Brown Legal Update
On April 18, 2012, the US Environmental Protection Agency (“EPA” or the “Agency”) released its new regulations for air emissions from the oil and natural gas industry, including hydraulic fracturing at onshore wells drilled principally for natural gas.
|
News Release
16 April 2012
|
Mayer Brown, a leading global law firm, announced today that Shawn R. O’Brien has joined the firm’s Tax Controversy practice in the Houston office. Previously, Mr. O’Brien managed the Tax Controversy Practice Group at Jackson Walker LLP, where he was a partner in Houston.
|
News Release
9 April 2012
|
Mayer Brown, a leading global law firm, announced today that Thomas L. Eldert has joined the firm as a partner in the global Projects Group and the Banking & Finance practice in Washington, DC. Mr. Eldert comes from Morrison & Foerster, where he was a member of the Project Finance and Development Group.
|
Legal Update
3 April 2012
|
Mayer Brown Legal Update
Following the precedent of the Obama administration's Smart from the Start initiative to speed offshore wind energy development off the Atlantic Coast, on March 30, 2012, the Obama administration and five of the eight Great Lakes littoral states signed a memorandum of understanding (MOU) intended to streamline the efficient and responsible development of offshore wind energy resources in the Great Lakes. The related announcement states that the MOU will enhance collaboration between federal and state agencies to speed review of proposed offshore wind energy projects and, in particular, to develop an action plan that sets the priorities and recommended steps for achieving efficient and responsible evaluation of wind power projects in the Great Lakes region.
|
News Release
30 March 2012
|
Houston – Pablo Ferrante and Robert Goldberg, partners in Mayer Brown’s Houston office, have been named “Rising Stars” by Law360, a recognition that “honors attorneys under 40 whose accomplishments in major transactions or litigation belie their age,” the publication said.
|
Legal Update
21 March 2012
|
Mayer Brown Legal Update
Breaking news from the UK Parliament: the Chancellor, George Osborne, announces his Budget speech in the House of Commons.
|
Media Coverage
20 March 2012
|
Law360
Houston Corporate & Securities partner Pablo Ferrante profiled for his selection as a Law360 “Rising Star” for his work in the energy practice area.
|
Media Coverage
12 March 2012
|
Texas Lawyer (subscription required)
Bylined article co-authored by Washington, DC Litigation counsel Roger Patrick and Houston Corporate & Securities associate Andrew J. Stanger discusses ways to manage risk of government environmental enforcement actions for energy companies involved with hydraulic fracturing.
|
News Release
6 March 2012
|
Mayer Brown
Mayer Brown, a leading global law firm, announced today that partners Robert S. Goldberg and William H. Knull, III of the Houston office have been appointed to key volunteer, part-time leadership roles with the Institute for Energy Law (IEL), which provides advanced education for lawyers and other professionals in the energy industry through its educational programs, scholarly publications and membership activities.
|
Media Coverage
March 2012
|
Pipeline & Gas Journal
Energy partner Jose Valera (Houston) featured in a Q&A in which he discusses the future of Latin America’s oil and gas industry.
|
Legal Update
27 February 2012
|
Mayer Brown Legal Update
Just days after a New York trial court, in a matter of first impression, upheld a New York town’s zoning ban on natural gas exploration and production (see Anschutz Exploration Corp. v. Town of Dryden, Index No. 2011-0902 (Sup. Ct. Tompkins Cnty., Feb. 21, 2012)), a second New York trial court has addressed a nearly identical question and reached the same conclusion.
|
Legal Update
23 February 2012
|
Mayer Brown Legal Update
In a case of first impression, a New York trial court has considered “whether a local municipality may use its power to regulate land use to prohibit exploration for, and production of, oil and natural gas.” In Anschutz Exploration Corp. v. Town of Dryden, Index No. 2011-0902 (RJI No. 2011-0499-M) (Sup. Ct. Tompkins Cnty., Feb. 21, 2012), the court concluded that, but for one small and severable part of the challenged zoning law, the Town’s land use regulations are permissible and not preempted by state law.
|
White Paper
10 February 2012
|
Mayer Brown White Paper
The relatively recent technological development of combining hydraulic fracturing and horizontal drilling to produce large quantities of natural gas (and liquids in many cases) from shale formations in the United States has and will likely continue to have significant impact on energy production. These developments will influence not only the price of hydrocarbons but also the economics of alternative energy development. At the same time, the prospect of conducting drilling activities, particularly in densely populated areas and those not familiar (at least recently) with oil and gas operations, has focused attention on potential risks associated with these activities. Not surprisingly, then, there has been a great deal of positive and negative excitement due to the current growth in hydrocarbon exploration and production in shale formations. This paper addresses three legal risk areas: (1) environmental regulatory and litigation risks, (2) nearby property owner damage and contamination litigation risks, and (3) securities law risks— with an acknowledgement to the concomitant political risks. While these risks cannot be eliminated, the purpose of the paper is to provide recommendations to those involved in the development and production of shale gas reserves that will mitigate these risks. We focus here on natural gas, but many of the issues will be similar for shale oil.
|
Media Coverage
31 January 2012
|
Institutional Real Estate
Chicago Finance partner Paul Forrester quoted on European banks trading infrastructure collateralized loan obligations. Subscription required.
|
News Release
23 January 2012
|
Mayer Brown, a leading global law firm, announced today that Perry Hicks has joined the firm as a partner in the Banking & Finance practice in Charlotte.
|
Legal Update
19 January 2012
|
Mayer Brown Legal Update
On January 19, 2012, Pemex Exploration & Production launched an international bidding round for exploration and production (E&P) contracts in mature fields in the northern region of the Gulf of Mexico. Pemex will award six E&P contracts covering the offshore areas (shallow waters) of Arenque and Atun and the onshore areas of Altamira, Panuco, San Andres and Tierra Blanca located in southern Tamaulipas and northern Veracruz.
|
Legal Update
12 January 2012
|
Mayer Brown Legal Update
The Outer Continental Shelf Lands Act (“OCSLA”) extends worker compensation benefits for “disability or death . . . resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf.” 43 U.S.C. § 1333(b). On January 11, 2012, in Pacific Operations Offshore, LLP v. Valladolid, No. 10-507, the Supreme Court held that an injury is covered by the OCSLA when there is a “substantial nexus” between the injury and extractive operations on the Outer Continental Shelf (“OCS”).
|
Media Coverage
3 January 2012
|
Law360
Bylined article by Energy partner Dallas Parker (Houston) discusses the shale gas landscape.
|
Legal Update
28 December 2011
|
Mayer Brown Legal Update
On December 21, 2011, Congress sent to the President legislation to tighten sanctions against Iran. The new sanctions are part of the 2012 National Defense Authorization Act. The legislation, citing Iran’s nuclear technology development activities, targets the Central Bank of Iran (CBI) and other Iranian financial institutions as a way of increasing pressure on Iran’s petroleum sector. The President is expected to sign the bill.
|
News Release
27 December 2011
|
Mayer Brown
Mayer Brown represented Bioenergy, a Colombian energy company, in the negotiation of its definitive agreement with Isolux Corsán for the engineering, procurement and construction of Bioenergy’s $203 million ethanol plant in Puerto Lopez, Colombia.
|
Media Coverage
22 December 2011
|
Law360
Bylined article by Chicago Government & Global Trade partner Joanna Horsnail and Banking & Finance associate Nate Galer discusses the process of negotiating design and construction contracts for new projects in the wind energy industry.
|
Media Coverage
20 December 2011
|
OilPrice.com
Washington, DC Tax Transactions & Consulting partner Jeff Davis quoted on how renewable energy projects will fare without grant assistance.
Article also appeared in Commodities Now.
|
Legal Update
15 December 2011
|
Mayer Brown JSM Legal Update
On 17 November 2011, the Ministry of Finance issued Circular No. 166/2011/TT-BTC (Circular 166) to guide the implementation of some articles of Decree No. 108/2009/ND-CP dated 27 November 2009 on investment on the basis of BOT (Build-Operate-Transfer) contracts, BTO (Build-Transfer-Operate) contracts and BT (Build-Transfer) contracts (Decree 108).
|
Legal Update
15 December 2011
|
Mayer Brown Legal Update
The US Department of the Treasury has posted additional guidance for the Section 1603 cash grant program. This guidance addresses the application of the 5% safe harbor where there has been a change in ownership of the energy property or the entity that satisfied the 5% safe harbor.
|
Media Coverage
December 2011
|
|
|
|
Vietnam has seen dramatic economic growth in recent years. Left behind by neighboring countries that enjoyed booming economies much earlier, Vietnam is finally taking steady steps toward becoming an economic power in Asia. With a population of 91 million and a well-trained workforce with diligent work habits, Vietnam has huge potential for further economic growth.
|
|
|
In August 2010, Pemex, Mexico’s national oil company, awarded its first-ever incentive-based service contracts for upstream activities. The contracts, known as the “Integrated E&P Contracts” (IECs), were awarded as part of an international bidding round for upstream exploration and production (E&P) projects covering three mature fields in southern Mexico. With the second bidding round expected to begin in early 2012 (terms scheduled to be released very soon) and at least two more upcoming bidding rounds for upstream projects, Pemex expects this new contractual framework to attract the investment and expertise needed to revamp the country’s declining oil production.
|
|
|
Major reform is afoot as the United Kingdom’s coalition government seeks to transform the United Kingdom into a “greener” and more competitive economy, while also ensuring the country’s future energy needs. Proposals to reform the electricity market promise to be the biggest shake-up in the sector since privatisation in the 1980s.
|
Newsletter
8 December 2011
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Review, we highlight steps that the Vietnamese government is taking to further leverage their recent economic growth and attract more foreign investors not only in general manufacturing, but also in Vietnam’s proven and probable oil and gas reserves. We also share views on shale gas in the United States and discuss how it could solve some of the country’s economic and environmental problems, depending on certain regulatory decisions.
|
|
|
The German government has recon-sidered the role of nuclear energy in Germany as a result, in part, of the nuclear accident at Fukushima, Japan. This decision has resulted in recent energy policy decisions to phase out nuclear-generated energy by the end of 2022, and to increase use of renewable energy sources. In addition, the transi¬tion from reliance on conventional energy to the use of renewable energy is further driven by the nation’s ambitious climate protection policy.
|
Legal Update
8 December 2011
|
Mayer Brown Legal Update
Despite recent economic, technical and regulatory challenges, the wind energy industry in the United States has grown tremendously over the past decade. However, even with this growth, and the accumulation of much experience, one frequent hurdle to launching new projects quickly is the lengthy and inefficient negotiation of design and construction contracts.
|
|
|
While it’s no secret that the popular media and the energy industry don’t always agree, a particularly radical split occurred approximately six years ago on the subject of natural gas. The popular media foresaw an imminent gas shortage, a price increase of nearly 50 percent in a single year, with worse to come. They saw interrupted supply in response to Hurricanes Katrina and Rita. They bemoaned the slow pace of liquefied natural gas (LNG) facilities coming onstream. And they saw gas as yet another area of US dependence on foreign energy.
|
Legal Update
November 2011
|
Mayer Brown Legal Update
The European Commission (the "EC") proposal (the "Proposal") for a Council Directive amending Directive 2003/96/EC and restructuring the Community framework for the taxation of energy products and electricity (the "Energy Taxation Directive") is facing hard times due to lack of consensus amongst the Member States. Preliminary work presented last week by the European Parliament (the “EP”) shows the EP is joining the battle on key but very specific aspects of the Proposal, mainly the one that could affect motor fuel taxation.
|
News Release
15 November 2011
|
Leading global law firm Mayer Brown advised Wolf Minerals Limited (an Australia incorporated company listed on the Australia Securities Exchange) on its proposed fast track admission to AIM.
|
Media Coverage
3 November 2011
|
Financial Times
Mayer Brown ranked 12th among the most innovative law firms in Financial Times’ special report, “US Innovative Lawyers 2011.” The firm also received rankings in the Litigation, Finance and Energy categories.
|
Media Coverage
September/October 2011
|
|
Legal Update
19 October 2011
|
Mayer Brown Legal Update
The Energy Bill received Royal Asset on 18th October 2011, passing into law as the Energy Act 2011 (the "Act"). The Act has three main objectives: to incentivise improvements in energy efficiency in businesses and homes by tackling lack of available finance; to promote low carbon energy production and to enhance energy security
|
Legal Update
19 September 2011
|
Mayer Brown JSM Legal Update
The Prime Minister issued the long-awaited Decision No. 37/2011/QD-TTg (Decision 37) on 29 June 2011 under which the State for the first time set out mechanisms for supporting and developing wind power projects in Vietnam.
|
Legal Update
15 September 2011
|
Mayer Brown Legal Update
On August 18, 2011, the California Public Utilities Commission (CPUC) adopted a resolution (the RAM Resolution) implementing program details and bidding protocols for California’s Renewable Auction Mechanism (RAM). The resolution also approved standard form purchase contracts for use by each of California’s three investor-owned utilities (the IOUs) in the RAM program.
|
Media Coverage
13 September 2011
|
Pipeline & Gas Journal
Bylined article by Houston Corporate & Securities partner Dallas Parker discusses the benefits of shale gas development.
|
News Release
7 September 2011
|
Leading global law firm Mayer Brown has advised Genel Energy International on the planned merger with Vallares PLC to create a London-listed oil and gas champion focused on the Kurdistan Region of Iraq.
|
Legal Update
7 September 2011
|
Mayer Brown Legal Update
The European Union has adopted new sanctions against Syria, including an oil embargo, that entered into force on 3 September 2011 and build upon EU sanctions that became effective on 10 May 2011. The United States strengthened its sanctions against Syria on 18 August 2011.
|
Legal Update
5 September 2011
|
Mayer Brown Legal Update
Following its pledge in the 2011 Budget that the Climate Change Agreement (CCA) scheme will (subject to State Aid approval) be extended to 2023, the Government has just issued a consultation on how it proposes the new scheme will operate.
|
Legal Update
19 August 2011
|
Mayer Brown Legal Update
In the latest of a series of steps to strengthen sanctions against the regime of Syrian President Bashar al-Assad, the United States Government announced a substantial expansion of sanctions against Syria effective on August 18, 2011. These new sanctions will affect the activities of US citizens, US residents, and US businesses (collectively, “US Persons”) not only with the Syrian government but also with Syrian customers, suppliers, and financial institutions.
|
|
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Review, we provide an overview of Latin America’s increased focus on oil and gas exploration and how terms and conditions vary greatly from country to country. Additionally, in the United States, we look at the modifications of the oil and gas disclosure rules and the SEC comment letters pertaining to the updates.
|
Legal Update
8 August 2011
|
Mayer Brown Legal Update
On July 28, 2011, the US Environmental Protection Agency (“EPA” or “the Agency”) announced the release of a 604-page suite of proposed air regulations for oil and gas production, processing, transmission, and storage. Covered operations and equipment would include completions and recompletions of hydraulically fractured natural gas wells, compressors, pneumatic controllers, various storage tanks, and gas processing plants. The proposals are the result of a court settlement that also requires the Agency to issue final standards by February 28, 2012.
|
|
|
The adoption by the US Securities and Exchange Commission in December 2008 of amended oil and gas disclosure rules was a significant development for public reporting exploration and production companies: it was the first time in three decades that these rules had been substantially modified. According to the SEC’s adopting release, the new rules were designed to better align SEC oil and gas disclosure standards with modern industry standards.
|
|
|
The UK Budget 2011 delivered something of a shock to the UK oil and gas sector. In an effort to help balance the books, the UK government announced a significant increase in the tax applied to North Sea oil and gas producers, effective from 24 March 2011. This article gives a short summary of the tax changes that were announced in the UK Budget 2011, the market reaction and the status of the changes as of July 18, 2011.
|
|
|
There is a paradigm shift in nuclear development: developing Southeast Asian countries such as Vietnam, Indonesia and the Philippines are at the forefront of harnessing nuclear power into a safe, efficient and sustainable energy source. In this article, we consider these three countries in relation to their legal development, official plans to build reactors and investment opportunities in order to determine their positions in the Southeast Asian nuclear development.
|
Legal Update
8 August 2011
|
Mayer Brown Legal Update
On 12 July, the UK Government published its much anticipated White Paper on Electricity Market Reform, alongside its Renewables Roadmap. The proposals set out in the White Paper represent the biggest shake-up in the UK electricity market since privatisation in the 1980s.
|
|
|
With oil reserves second only to the Middle East and significant gas reserves, Latin America has become a natural focus of oil and gas exploration in recent years. As the countries in this region increasingly turn their attention to their offshore prospects, which range from Brazil’s massive fields to lesser known areas elsewhere, all are welcoming the technology, capital and expertise of foreign companies but under terms and conditions that vary greatly from country to country.
|
|
|
Mayer Brown Legal Update
The aim of this legal update is to provide a brief overview of the recent French tender relating to offshore wind facilities for the first five areas identified by the French government ("3GW tender").
|
Legal Update
25 July 2011
|
Mayer Brown Legal Update
On July 21, 2011, the US Federal Energy Regulatory Commission (FERC) issued Order No. 1000,1 a landmark order regarding transmission planning and allocation of the related costs. (The rulemaking that led to Order No. 1000 was previously discussed in our Legal Updates dated June 21 and July 27, 2010.) Order No. 1000 potentially represents the next significant step toward making electric transmission planning a key priority for FERC.
|
Legal Update
14 July 2011
|
Mayer Brown Legal Update
US Secretary of the Interior previously announced a “Smart From the Start” initiative for Atlantic offshore wind development that is anticipated to dramatically reduce timelines for related environmental permitting.
|
|
|
The Lawyer
Mayer Brown features as one of the top energy firms. Rob Hamill is quoted. The report also contains global 50 league tables. Please view report here.
|
|
|
Mayer Brown JSM is pleased to announce that it advised PT Indika Energy Tbk (INDY), a leading integrated Indonesian energy group, in connection with the exchange offer of up to US$185,000,000 of Indo Integrated Energy B.V.'s 8.50% Senior Notes due 2012 for Indo Energy Finance B.V.'s 7.00% Senior Notes due 2018, together with simultaneous consent solicitations for the 2012 Notes and Indo Integrated Energy II B.V.'s 9.75% Senior Notes due 2016 and new money issue of US$115,000,000.
|
|
|
Mayer Brown
Mayer Brown, a leading global law firm, announced today that it will extend its geographic presence in Asia by opening an office of Mayer Brown JSM, its Asian practice, in Singapore. The new office will focus initially on four primary areas of legal practice: asset finance, project finance, energy and international arbitration.
|
Legal Update
30 June 2011
|
Mayer Brown Legal Update
On June 30, 2011, the US Treasury Department (Treasury) posted guidance (Guidance) to assist applicants in determining their cost basis for certain solar photovoltaic (PV) properties for purposes of the Section 1603 grant (Grant).
|
Legal Update
29 June 2011
|
Mayer Brown Legal Update
California has become the first US state to enact sanctions pursuant to the 2010 federal Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISADA). California’s Iran Contracting Act (the “Act”) bars persons determined to be engaged in investment activities in Iran’s nuclear, petroleum, or natural gas industries from bidding on or renewing contracts with California state and local governments for goods and services worth $1 million or more.
|
Legal Update
24 June 2011
|
Mayer Brown JSM Legal Update
Assets under construction (e.g. building sites) have always been 'exempted' from rates assessment for the past decades. Following the Court of Appeal decision in Hong Kong Electric Co. Ltd v Commissioner of Rating and Valuation CACV 27/2010 handed down in September 2010, there was uncertainty in this area of law - the Court of Appeal decided that assets under construction should be subject to rates assessment. The Court of Final Appeal ("CFA") reversed the Court of Appeal's decision on 21 June 2011 (FACV 12/2010) and held that building sites or other assets in the course of construction were not rateable.
|
Legal Update
21 June 2011
|
Mayer Brown Legal Update
In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that the Clean Air Act authorizes federal regulation of emissions of carbon dioxide and other greenhouse gases. In American Electric Power Co., Inc. v. Connecticut, No. 10-174, the Court held that the Clean Air Act and EPA action authorized by the Act displace any claims for abatement of carbon-dioxide emissions under the federal common law of public nuisance.
|
|
|
Mayer Brown Legal Update
The UK Government last week confirmed new funding tariffs for large-scale Solar PV projects under its green electricity initiative, the Feed-In Tariff ("FiT") scheme.
|
|
|
Mayer Brown Legal Update
The United States has claimed victory in its World Trade Organization (WTO) challenge to China’s wind power equipment subsidies. In a June 7, 2011 announcement, US Trade Representative Ron Kirk stated that the United States had successfully challenged China’s Special Fund for Wind Power Equipment Manufacturing (Special Fund) and secured China’s agreement to end the program. The United States had filed a request for consultations with China on December, 22 2010, signaling a potential WTO dispute on the Special Fund. The United States and China held consultations on February 16, 2011.
|
|
|
Mayer Brown
Mayer Brown, a leading global law firm, announced that Los Angeles Government & Global Trade partner Bob Hertzberg has been elected to the Board of Directors of the China-US Energy Efficiency Alliance.
|
Media Coverage
6 June 2011
|
Bloomberg
Bylined article by Government & Global Trade partner Joanna Horsnail and Banking & Finance associate Nate Galer discusses wind farm projects and how to capture governmental incentives.
|
|
|
Mayer Brown Legal Update
At its last meeting on May 19, 2011, the US Federal Energy Regulatory Commission (FERC) issued final orders in several important and high-profile electric transmission cases, granting (or reaffirming) incentive rates, including return adders, construction work in progress (CWIP) treatment, and collection of costs of abandoned projects. At the same time, reflecting the disputes that have accompanied its transmission investment incentive policy, FERC initiated an notice of inquiry (NOI) on the underlying program.
|
|
|
Bylined article by Chicago Energy partner Joanna Horsnail and associate Nate Galer discusses negotiating financeable project documents for wind projects in the US.
|
Media Coverage
18 May 2011
|
North American Windpower
Bylined article by Chicago Litigation partner Kevin Desharnais discusses new Draft Land-Based Wind Energy Guidelines from the US Fish and Wildlife Service.
|
|
|
|
Media Coverage
1 May 2011
|
Mayer Brown
Article by Government & Global Trade partner David Bloom (Washington, DC), Banking & Finance partner Paul Forrester and Banking & Finance associate Nadav Klugman (both Chicago) discusses state feed-in-tarriffs.
|
|
|
In our Summer 2010 issue of Global Energy Industry Review, we reflected on the vast oil and gas potential of Iraq, home to the world's fourth largest oil reserves. In particular, we considered the obstacles faced by the Kurdistan Regional Government (KRG), in the north of the country, to establish a strong, investor-friendly oil and gas regime in Kurdistan in the face of an ongoing dispute with the Iraqi federal government in Baghdad. Now, almost one year later, we wonder: What, if anything, has changed?
|
|
|
In a dramatic demonstration of Congressional “Fire, Ready, Aim” and fully six-months before the scheduled report of the specially charged Financial Crisis Investigation Commission, President Obama signed the Dodd-Frank Act into law in July 2010. Even though the Act focuses mainly on financial institutions and the financial system, Dodd-Frank will have potentially significant consequences for energy companies and investors therein and related markets for energy goods and services.
|
|
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Review, we examine Brazil’s Natural Gas Law to regulate the natural gas industry in Brazil—though signed in 2009 the law was only recently implemented and deemed enforceable by the president of Brazil. We also take a second look at the Iraqi oil industry and examine the progress in government relations between Iraq and Kurdistan.
|
|
|
Since 1997, the government of Brazil has been using a general hydrocarbons law to regulate all upstream, midstream and downstream activities relating to oil and natural gas. This sometimes resulted in situations that were difficult to address or projects that were impossible to implement due to the lack of legal authorization. After many years of anticipation, on March 4, 2009, the government published the Natural Gas Law (Law No. 11,909) to regulate the natural gas industry in Brazil; however, the law has only recently been implemented and enforced.
|
|
|
In April 2010, the UK government introduced a feed-in tariffs (FiTs) scheme as part of a drive to stimulate the development of renewable energy in the United Kingdom by incentivising businesses to invest in renewable technology. The FiTs scheme forms part of a wider government strategy designed to ensure that the United Kingdom meets its commitment to produce 15 percent of its energy supply from renewable sources by 2020, an obligation arising under the EU Renewable Energy Directive.
|
|
|
The European Securities and Markets Authority (ESMA), successor to the Committee of European Securities Regulators (CESR), has published an update of the CESR recommendations for the consistent implementation of the Prospectus Directive, with revisions as to the content requirements of prospectuses issued by mineral companies. The CESR recommendations contain various guidelines as to the content of prospectuses, and are taken into account by the UK Listing Authority (UKLA) in deciding whether a prospectus should be approved.
|
Media Coverage
19 April 2011
|
Financial Times
Houston Energy Special Counsel Stephen Gates quoted on new regulations in the oil industry after the Macondo disaster.
|
Legal Update
18 April 2011
|
Mayer Brown Legal Update
The most ambitious renewable portfolio standards (RPS) energy legislation in the United States was signed into law by California Governor Edmund G. Brown, Jr., on April 12, 2011. Authored by Senate President Pro-Tempore Darrell Steinberg (D) and Senator Joseph Simitian (D), SB2X1 requires both public- and investor-owned utilities to procure 33 percent of the electricity delivered to retail customers from renewable sources by December 31, 2020. Energy resources that are eligible for compliance credit under SB2X1 include biomass, solar thermal, photovoltaics, wind, geothermal, fuel cells, “small” hydro-electric (30MW or less), digester gas, solid waste conversion, and ocean wave, thermal or tidal technology.
|
Media Coverage
25 March 2011
|
Power Finance & Risk
Bylined article by Chicago Banking & Finance partners Paul Astolfi and Paul Forrester discusses end-user exceptions, forward contracts and Dodd-Frank’s effects in the energy-swap market. Subscription required.
|
|
|
Article by Chicago partners J. Paul Forrester and Paul Astolfi discusses the Dodd-Frank Act's impact on the energy sector. This article first appeared in a slightly different form in Power Finance & Risk in two parts on 18 March 2011 and 25 March 2011.
|
|
|
Mayer Brown Legal Update
The EU Emission Trading Scheme ("EU ETS”) was established in 2005 for the purpose of limiting the CO2 emissions in the EU. It allocated allowances to economic operators and provided the possibility to trade these allowances. In 2008, Directive 2009/29/EC amended the EU ETS resulting in a further expansion of its scope and setting an overall EU cap.
|
Legal Update
21 March 2011
|
Mayer Brown Legal Update
On March 16, 2011, the US Environmental Protection Agency (“EPA” or the “Agency”) announced its proposed “air toxics” rules to restrict emissions of mercury, arsenic, chromium, nickel, acid gases, and organics from coal- and oil-fired power plants. The proposal could result in significant capital expenditures for covered units—$28 billion in the aggregate according to one estimate. It also could result in the permanent or, at least during construction of required retrofits, extended loss or derating of generating capacity, especially from smaller, older coal-fired plants. At the same time, EPA is proposing to set limits for new steam boilers that burn coal, oil, or natural gas.
|
Media Coverage
18 March 2011
|
Power Finance & Risk
Bylined article by Chicago Banking & Finance partners Paul Astolfi and Paul Forrester discusses the impact of the Dodd-Frank Act on the energy industry. Subscription required.
|
Legal Update
14 March 2011
|
Mayer Brown JSM Legal Update
On 17 November 2010, the Vietnamese National Assembly adopted the new mineral law (2010 Mineral Law), which will take effect from 1 July 2011 (Effective Date), and replaces the 1996 Mineral Law (as amended in 2005). The 2010 Mineral Law introduces new changes to and supplements the existing legal framework for mineral exploration and exploitation, including streamlining the licensing process and imposing more stringent financial conditions which must be satisfied to obtain mineral licenses.
|
Legal Update
11 March 2011
|
Mayer Brown Legal Update
The US Fish and Wildlife Service (FWS) has published a notice of availability of its “Draft Land-Based Wind Energy Guidelines,” which establish a comprehensive methodology for evaluating and addressing impacts to affected species as a result of land-based wind energy projects. Among other significant changes from prior guidance, the Guidelines include extensive requirements for pre-development and postconstruction monitoring and apply expanded “adaptive management” concepts that could require assessment and implementation of operational changes on an ongoing basis.
|
|
|
Co-head of the global Energy group, Rob Hamill, is interviewed on Reuters Insider TV on M&A trends in the mining sector
|
Legal Update
23 February 2011
|
Mayer Brown Legal Update
The Outer Continental Shelf Lands Act (“OCSLA”) extends worker compensation benefits for “disability or death . . . resulting from any injury occurring as the result of operations conducted on the outer Continental Shelf.” 43 U.S.C. § 1333(b). On February 22, 2011, the Supreme Court granted certiorari in Pacific Operations Offshore, LLP v. Valladolid, No. 10-507, to resolve disagreement among the lower courts as to the scope of that provision.
|
Media Coverage
8 February 2011
|
Oil & Gas Financial Journal
Bylined article by Houston Corporate & Securities partner Dallas Parker discusses the impact of shale gas on the world’s energy scene.
|
Media Coverage
3 February 2011
|
Politico: Morning Energy
Chicago Banking & Finance partner Paul Forrester quoted on a recent ruling denying the Department of Energy’s plans for fast-tracking electric transmission projects in highly congested areas.
|
Media Coverage
February 2011
|
International Financial Law Review
Bylined article by Chicago Banking & Finance partner Paul Forrester and London Banking & Finance associate Jeremiah Wagner discusses reform proposals for credit rating agencies in the US and EU.
|
Legal Update
31 January 2011
|
Mayer Brown Legal Update
Non-utility developers and sponsors of merchant transmission are finding themselves caught in a “Catch 22” under the laws of several states as they seek to develop new projects in competition with incumbent utilities. In some states, laws permit only a “public utility” to obtain a certificate of public convenience and necessity (CPCN) for the construction or operation of transmission property. As result, a new entrant cannot obtain a certificate because it is not currently a public utility and cannot become a public utility unless it owns or manages utility property and is providing a public service.
|
Media Coverage
26 January 2011
|
Renewable Energy World North America
Washington, DC Tax Transactions partner Jeff Davis quoted on President Barack Obama’s goal to obtain 80 percent of America’s electricity from clean energy sources by 2035.
*Article also appeared on Power Engineering magazine’s “Up in the Air” blog.
|
Legal Update
17 January 2011
|
Mayer Brown JSM Legal Update
On 13 December 2010, the Vietnamese Ministry of Industry and Trade (MOIT) released Circular No. 40/2010/TT-BCT regulating the sequence and procedures for resolution of disputes in the electricity market (Circular 40).
|
Legal Update
11 January 2011
|
Mayer Brown Legal Update
In its proposed rule, the Commodity Futures Trading Commission (CFTC) proposes new requirements governing the elective exception to mandatory clearing of swaps for those swap counterparties meeting the requirements under section 2(h)(7) of the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
|
|
|
China faces an extremely urgent and important task to curb excessive growth in energy consumption and the emission of green house gases. Though it has positioned itself as the world leader in clean energy efforts in recent years, and was ranked second in the world in terms of installed wind generating capacity in 2009, coal still accounts for more than 70% of the country’s total energy consumption.
|
Newsletter
6 January 2011
|
Mayer Brown Newsletter
In this edition of Mayer Brown’s Global Energy Industry Review, we look at the ways China is trying to curb its excessive energy consumption and reduce its emission of greenhouse gases. We also look at the new UK Bribery Act and its potential extra-territorial reach. This expansion of its coverage makes it more aggressive than past acts, and businesses should be aware of the changes.
|
|
|
At least 18 states in the United States are considering or reported to be considering the adoption of feed-in-tariffs, or FiTs, to stimulate renewable energy development. While many states have renewable portfolio standards in place, some legislators must feel that their state’s RPS do not provide sufficient incentive for targeted renewable energy development.
|
Legal Update
4 January 2011
|
Mayer Brown Legal Update
On December 15, 2010, the Securities and Exchange Commission (SEC) voted to propose several rules mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules cover a broad range of industry categories. Comments to the proposed rules must be received by the SEC by January 31, 2011. We review many of the key provisions.
|
Legal Update
3 January 2011
|
Mayer Brown Legal Update
On December 15, 2010, the Illinois Commerce Commission (ILCC) authorized Ameren Illinois Utilities (Ameren) and Commonwealth Edison Company (ComEd) to enter into long-term contracts involving 37,234,500 megawatt-hours (MWH) of renewable energy over 20 years (1,261,725 MWH per year for ComEd and 600,000 MWH per year for Ameren) for an average price of $55.18/MWH and $50.44/MWH, respectively.
|
Legal Update
27 December 2010
|
Mayer Brown Legal Update
The United States announced on December 22, 2010 that it has sought the World Trade Organization’s (WTO) intervention to address US concerns over support for the domestic wind power industry in the People’s Republic of China. According to US Trade Representative (USTR) Ron Kirk, the United States filed a request for consultations with China under the WTO Agreement’s dispute settlement provisions concerning China’s Special Fund for Wind Power Manufacturing program. This request is the first step in a potential WTO case.
|
Legal Update
17 December 2010
|
Mayer Brown Legal Update
On Friday, December 17, 2010, President Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (H.R. 4853) (the Act). In addition to the widely publicized provisions impacting individuals, the Act contains several provisions intended to encourage investment in renewable energy and to stimulate business hiring, including a one-year extension for grants in lieu of tax credits (Grants) and a full expensing of certain equipment placed in service between September 9, 2010 and the end of 2011.
|
Legal Update
17 December 2010
|
Mayer Brown Legal Update
The legislation on improving air quality by imposing energy efficiency requirements for Hong Kong buildings was gazetted on 3 December 2010. Effective date still to be announced and gazetted.
|
Legal Update
16 December 2010
|
|
Legal Update
7 December 2010
|
Mayer Brown Legal Update
On December 6, 2010, the Supreme Court granted certiorari in American Electric Power Co. v. Connecticut, No. 10-174, to decide whether states and private parties can seek to impose emissions caps on greenhouse gases based on public nuisance claims under federal common law.
|
|
|
Article by Government & Global Trade partner David Bloom (Washington, DC), Banking & Finance partner Paul Forrester and Banking & Finance associate Nadav Klugman (both Chicago) discusses current issues facing US electric transmission planning, cost allocation and renewable enegy policies.
|
Legal Update
23 November 2010
|
Mayer Brown Legal Update
According to press reports, the Committee on Foreign Investment in the United States (CFIUS), an interagency governmental body with authority to review foreign acquisitions in the United States that may threaten to impair the national security, has asked Huawei Technologies Ltd. (Huawei), a Chinese telecommunications equipment firm, to seek approval for a May 2010 transaction involving the US firm 3Leaf Systems (3Leaf). Huawei and 3Leaf did not notify CFIUS before the transaction and did not seek CFIUS approval. CFIUS did not learn of the transaction until after its completion.
|
Legal Update
22 November 2010
|
Mayer Brown Legal Update
Through a combination of State and Federal policies, the United States has encouraged (and in some cases mandated) the development of renewable energy resources such as wind and solar generation of electricity. In 2009, 9,994 MW, or 39 percent, of all newly installed generating capacity was wind-powered; another 85 GW of wind generating capacity has been proposed for installation by the end of 2012.
|
Media Coverage
18 November 2010
|
CNNMoney.com
Houston Banking & Finance partner Kevin Shaw quoted in an article discussing the uncertain future of the American renewable energy industry.
|
|
|
|
Legal Update
11 November 2010
|
Mayer Brown JSM Legal Update
On 22 June 2010 the Vietnam Government issued Decree No. 70/2010/ND-CP detailing and guiding the implementation of the Law on Atomic Energy regarding nuclear power plants (Decree 70).
|
Legal Update
5 November 2010
|
Mayer Brown JSM Legal Update
On 15 June 2010 the Vietnamese Government issued Decree No. 68/2010/ND-CP on the sanctioning of legal breaches in the electricity domain (Decree 68). Decree 68 defines acts of breach and contemplates penalties against and remedies for such breaches.
|
Legal Update
3 November 2010
|
Mayer Brown Legal Update
An EU-wide framework for renewable energies was introduced in 2009 under the Renewable Energy Directive (Directive). This legislation created a legally binding commitment for Member States to achieve the Directive requirement that 20 percent of the European Union's overall energy consumption come from renewable sources by 2020.
|
News Release
26 October 2010
|
Mayer Brown, a leading global law firm, announced today that veteran energy lawyer Toshi Yoshida has joined its Houston office as a partner in the Corporate & Securities practice and Energy industry group. He comes to Mayer Brown from Thompson & Knight.
|
Media Coverage
21 October 2010
|
|
Legal Update
18 October 2010
|
Mayer Brown Legal Update
The Office of the US Trade Representative (USTR) announced on October 15, 2010, that it has launched an investigation under Section 301 of the 1974 Trade Act to probe certain acts, policies and practices of the Government of China affecting trade and investment in the green technology sector. The USTR stated that they are going to thoroughly examine and verify the United Steelworkers Union’s (USW) claims, and noted that “[f]or those allegations that are supported by sufficient evidence and that can effectively be addressed through WTO dispute settlement, we will vigorously pursue the enforcement of our rights through WTO litigation.”
|
Legal Update
15 October 2010
|
Mayer Brown Legal Update
The US Treasury Department (Treasury) and the National Renewable Energy Laboratory recently updated the application used to apply for grants in lieu of tax credits (Grants) under Section 1603 of the American Recovery and Reinvestment Act of 2009. Section 1603 established a program whereby an eligible person could, in lieu of claiming the production tax credit under Internal Revenue Code Section 45 or the investment tax credit under Internal Revenue Code Section 48, apply to Treasury for a Grant to reimburse the applicant for a portion of the cost of certain renewable energy projects.
|
News Release
15 October 2010
|
Leading global law firm Mayer Brown advised Guernsey-based Caparo Energy, which focuses on the India wind power market, on its recent £50.18 million placing of ordinary shares and related admission to trading on the London Stock Exchange’s AIM market. The placing involved 43,636,000 new shares, representing 26.7 per cent of its share capital, and gave the company a post-admission market capitalisation of approximately £188.2m.
|
Legal Update
14 October 2010
|
Mayer Brown JSM Legal Update
On 14 June 2010, Prime Minister Nguyen Tan Dung signed Decision No. 45/2010/QD-TTg, promulgating the regulations on nuclear control (the Regulations) to tighten control over the using, storing, exporting and importing of nuclear materials and radiation sources by domestic and foreign organisations and individuals in the country (nuclear control activities).
|
News Release
14 October 2010
|
Mayer Brown's global mining group has advised the lending group on the US$823 million project financing to Baja Mining Corp for the construction and development of the Boleo copper-cobalt-zinc-manganese project located in Baja California Sur, Mexico, one of the largest deals of this nature to come to market.
|
Media Coverage
12 October 2010
|
Biomass Power & Thermal
Bylined article by Houston Banking & Finance partner Rob Goldberg discusses opportunities for biomass project developers offered by the government in the American Recovery and Reinvestment Act of 2009 and USDA's Biomass Crop Assistance Program.
|
Media Coverage
7 October 2010
|
Financial Times
Houston Banking & Finance partner Kevin Shaw quoted in an article discussing the lagging clean energy efforts in California due to the economy.
|
Media Coverage
7 October 2010
|
Financial Times
Los Angeles Government & Global Trade partner Dario Frommer quoted in an article discussing new solar performance maps that dispel the perception that solar energy is consistent from year to year.
|
Media Coverage
7 October 2010
|
Reuters
Houston Corporate & Securities partner Bob Gray quoted in an article discussing the effect of the BP oil spill on Apache, an oil and gas producer, and its acquisition of Mariner Energy.
|
Legal Update
7 October 2010
|
Mayer Brown Legal Update
On October 6, 2010, the US Federal Trade Commission (FTC) released proposed revisions to its guides for avoiding misleading environmental marketing claims. Last updated in 1998, the “Green Guides” are administrative interpretations that create safe harbors for marketing claims, but are not enforceable regulations.
|
Legal Update
5 October 2010
|
Mayer Brown JSM Legal Update
To enhance the performance standards of water treatment facilities in the People's Republic of China (“PRC”), the Ministry of Housing and Urban-Rural Development (住房和城乡建设部) (“MOHURD”) promulgated in September 2010 the “Interim Measures on the Evaluation of the Urban Water Treatment” (城镇污水处理工作考核暂行办法) (the “Evaluation Rules”).
|
News Release
4 October 2010
|
Mayer Brown
Mayer Brown, a leading global law firm, announced today that the 2011 edition of Chambers Latin America ranks the firm in the top band of the Latin America-Wide Projects category, and in three additional Latin America-wide practice categories: Banking & Finance, Capital Markets and Corporate/M&A. Mayer Brown also is ranked in Brazil in the Banking & Finance: Locally Based International Counsel and the Capital Markets: Locally Based International Counsel categories.
|
Media Coverage
4 October 2010
|
Financial Times
Houston Banking & Finance partner Kevin Shaw is quoted in a post discussing oil shale.
|
Legal Update
28 September 2010
|
Mayer Brown Legal Update
On September 27, 2010, President Obama signed into law the Small Business Jobs Act (H.R. 5297) (the Act ). The Act includes a number of tax incentives for business, such as bonus depreciation, Section 179 expensing and other targeted incentives for small business. The Act also includes several revenue raising provisions with broader application.
|
Legal Update
20 September 2010
|
Mayer Brown Legal Update
The Alien Tort Statute (ATS), which was enacted by the first Congress in 1789, has served as the primary vehicle in recent decades for class action lawsuits by foreign plaintiffs alleging human rights violations abroad by US and foreign corporations.
|
News Release
20 September 2010
|
Mayer Brown, a leading global law firm, announced that its practices are ranked in 49 categories in the 2010 edition of Legal 500: UK including top tier rankings in Insurance & Reinsurance, Litigation and Mining & Minerals. The publication also lists 18 Mayer Brown lawyers as Leading Individuals in their practice areas.
|
News Release
13 September 2010
|
|
Media Coverage
13 September 2010
|
Financial Times
Houston special counsel Steve Gates quoted in an article discussing new possible restrictions facing big oil companies. Subscription required.
|
Media Coverage
10 September 2010
|
Institutional Investor
First bylined article in a two-part series by Chicago Banking & Finance partner Paul Forrester and associate Nadav Klugman discusses the adoption of feed-in-tariffs (FiTs) by US states to stimulate renewable energy development. Subscription required.
|
Media Coverage
10 September 2010
|
ClimateWire
Washington, DC Government & Global Trade counsel Timothy Keeler quoted on the United Steelworkers’ complaint asserting that China aims to control the global clean energy market at the expense of U.S. jobs, and how the Obama administration will respond.
|
Media Coverage
9 September 2010
|
Bloomberg
Washington, DC Government & Global Trade counsel Timothy Keeler quoted on the issue of whether China is doing too much to help its companies expand clean-energy sales and therefore discriminate against foreign producers.
|
Media Coverage
6 September 2010
|
Latin Lawyer
Alexandre Chequer, Corporate & Securities partner at Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated, is quoted in an article discussing the availability of legal work that will result from the global stock offering of Petrobras. Subscription required.
|
Media Coverage
30 August 2010
|
BusinessWeek
Washington, DC Government & Global Trade partner David Bloom quoted in an article discussing the rise in acquisitions in the U.S. power industry this year.
|
Legal Update
27 August 2010
|
Mayer Brown Legal Update
Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, titled as the Wall Street Transparency and Accountability Act of 2010 (the “Act”), eliminates the exemption from regulation under the Commodity Exchange Act for most over-the-counter (OTC) energy derivatives; it imposes a new regulatory regime for OTC derivatives, which will, at a minimum, increase the transaction costs to US transportation companies, utilities, manufacturers, energy producers and other businesses actively hedging their exposure to fluctuating energy prices; and it could potentially subject some such businesses to the same increased regulatory oversight, including minimum capital requirements and minimum initial and variation margin requirements, as is mandated for those participants in the OTC derivatives market that qualify as “swap dealers” or “major swap participants.”
|
Legal Update
26 August 2010
|
Mayer Brown Legal Update
Under Resolution 41/2009/QH12 dated 25 November 2009, the Vietnamese National Assembly approved investment in the Ninh Thuan Nuclear Power Project, comprising two plants each having two turbines, to supply electricity to the national power grid. Both Ninh Thuan Nuclear Power Plant 1 and Ninh Thuan Nuclear Power Plant 2 will be located in Ninh Thuan Province. To implement this resolution, on 3 May 2010, Prime Minister Nguyen Tan Dung ("PM") signed Decision 580/QD-TTg ("Decision 580") to establish the State Steering Committee for the Ninh Thuan Nuclear Power Plant Project to be headed by Deputy PM Hoang Trung Hai ("State Steering Committee").
|
Legal Update
25 August 2010
|
Mayer Brown JSM Legal Update
A door has been opened for foreign companies to enter Vietnam's infant nuclear power industry with the Government announcing a series of nuclear power plants to be built before 2030. Under Decision 906/QD-TTg ("Decision 906") signed on 17 June 2010 by Prime Minister Nguyen Tan Dung approving the master planning orientation for development of nuclear power in Vietnam for the period up to 2030, Vietnam will build 14 nuclear power reactors with a total capacity of around 15,000-16,000 megawatts, accounting for 10% of the country's total electricity capacity.
|
Legal Update
18 August 2010
|
Mayer Brown JSM Legal Update
The China International Economic and Trade Arbitration Commission ("CIETAC") is one of the world's major arbitration forums, handling both domestic disputes and matters involving foreign parties. In fulfilling construction contracts, it is common for unforeseen circumstances to arise, giving occasion for disputes. In such situations, it is common practice for those involved to utilise arbitration over litigation due to the highly technical and complex nature of the issues involved, usually requiring some form of expert knowledge.
|
Legal Update
17 August 2010
|
Mayer Brown Legal Update
There has been both good and bad news for carbon capture and storage (CCS) in Illinois recently with two separate and significant positive developments and one negative development.
|
Legal Update
16 August 2010
|
Mayer Brown Legal Update
On July 28, 2010, Illinois Governor Pat Quinn signed Public Act 96-1348 (the Act). The Act amends the Illinois Public Utilities Act and permits a public utility to avoid otherwise applicable requirements to obtain a certificate of public convenience and necessity (CPCN) in order to do any of the following types of high voltage transmission projects (collectively, the Exempt HVSL Projects):
|
Legal Update
11 August 2010
|
Mayer Brown JSM Legal Update
Despite the rapid development of the wind power sector in the People's Republic of China ("PRC"), the PRC continues to idle a significant proportion of its overall wind power output due to power-grid constraints. In an effort to curb further the expansion of smaller-scale manufacturers in the wind power equipment manufacturing industry while encouraging the development of larger manufacturers, the Ministry of Industry and Information Technology ("MIIT"), the National Development and Reform Commission ("NDRC") and the National Energy Board ("NEB") have publicised a set of draft Standards for Access into the Wind Power Equipment Manufacturing Industry ("Draft Standards") on 26 March 2010.
|
|
|
Leasing as a method of big-ticket finance is not as popular as it once was. The decline in leasing’s popularity is due in part to the enactment of rules that eliminated the ability to offset leasing losses against other taxable income, and in part to other financing vehicles that accomplished similar goals.
|
|
|
China’s over-reliance on thermal power generation, especially coal-fired power stations, is well-documented. While nuclear power continues as an option to coal, China’s strides in renewable energy are unprecedented. Recent amendments to the Renewable Energy Law, first promulgated in 2006, attempt to rationalize the regulatory regime governing wind, solar, hydropower and biomass projects in China, currently fraught with inadequate interconnection and tariff shock issues.
|
|
|
Mayer Brown Newsletter
In the third edition of Mayer Brown’s Global Energy Industry Review, we review recent amendments to the Renewable Energy Law in China and its impact on thermal power generations. We also provide commentary on the changing demand for LNG in Chile, the rise of Kurdistan as an attractive region for foreign investment and the changing dynamic of leasing finance.
|
|
|
The Kurdistan Region of Iraq ("Kurdistan") is estimated by the US Geological Survey, to approximately 40 billion bbls of oil and 60 trillion cubic feet of gas, giving the region the potential to be a significant new global energy player. In light of Kurdistan's high oil & gas potential, its recognition under the Constitution, the production sharing contract model combined with the fact that it has proven to be relatively stable and secure compared to the remainder of Iraq, Kurdistan has emerged as an attractive region for foreign investment.
|
|
|
Rising demands for power, depleting reserves of oil, gas and coal, international pressure for reduction of carbon emissions, advances in nuclear reactor technology, and more favorable cost projections are driving the increase in nuclear power in Asia. This article will focus especially on nuclear power development in India, China and Vietnam.
|
Legal Update
27 July 2010
|
Mayer Brown Legal Update
The US Federal Energy Regulatory Commission (FERC) and the electric industry continue to struggle with the issue of who should bear the costs of transmission upgrades and how related planning should be handled. A recent FERC filing addresses one set of proposals, while another recent filing sets the stage for further action.
|
Legal Update
22 July 2010
|
Mayer Brown JSM Legal Update
In 2004, Vietnam passed the new Electricity Law that outlines the development of a competitive electricity market in 3 phases: in Phase 1, it is contemplated that a competitive power generation market would be established; Phase 2 envisions the development of a competitive electricity wholesale market; and Phase 3 involves development of a competitive electricity retail market.
|
News Release
16 July 2010
|
Mayer Brown, a leading global law firm, announced today that Washington, D.C. partner Jeff Davis and Houston partner Rob Goldberg have been named co-leaders of the firm’s global Renewable Energy Group. These partners will help lead the expansion of the group in this growing segment of the energy industry.
|
|
|
Mayer Brown Legal Update
The US government has forced New Mexico telecommunications and solar power technology firm Emcore Corporation to abandon plans to sell a controlling share in its fiber optics business to China’s Tangshan Caofeidian Investment Corporation (TCIC). This is the second time in six months that a Chinese investment in the United States has been stymied on national security grounds.
|
Legal Update
30 June 2010
|
Mayer Brown Legal Update
On June 25, 2010, the US Department of the Treasury (Treasury) released additional guidance for the Section 1603 cash grant program. The guidance is in the form of frequently asked questions and answers (FAQ) addressing the “beginning of construction” requirement for renewable energy property placed in service after 2010 but before the applicable placed-in-service deadline.
|
Legal Update
29 June 2010
|
Mayer Brown Legal Update
Under Section 101 of the Patent Act, four categories of inventions may be patented: a “process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. In a decision with profound importance to the patent system, the Supreme Court held today in Bilski v. Kappos, No. 08-964, that a method for hedging against the risk of price changes in the energy market is not a patentable “process.”
|
Legal Update
21 June 2010
|
Mayer Brown Legal Update
Many studies have identified the US’ need for tens of billions of dollars of investments in new electric transmission facilities. Facilities are need to improve system reliability, to eliminate choke points in the transmission grid that cause consumers to pay higher rates, to move renewable power to markets and to address the requirements of the “Smart Grid.”
|
News Release
16 June 2010
|
Mayer Brown LLP, a leading global law firm, announced today that 126 of its attorneys are ranked in the 2010 edition of Chambers USA: America’s Leading Lawyers for Business, including 40 who achieved a top-band ranking or higher in 27 nationwide and/or state categories.
|
|
|
Mayer Brown Legal Update
The Tax Injunction Act (“TIA”), 28 U.S.C. § 1341, prohibits federal district courts from restraining “the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had” in state courts. On June 1, 2010, in Levin v. Commerce Energy, Inc., No. 09-233, the Supreme Court held that, even when the TIA does not by its terms apply, broader principles of comity may prevent federal district courts from entertaining claims that pose the risk of disrupting a state’s taxation scheme.
|
Media Coverage
20 May 2010
|
Portfolio Media
Mayer Brown LLP has enlisted a former Thompson & Knight LLP partner with a focus on corporate and energy deals in Latin America to ramp up the firm's corporate and securities practice. Pablo C. Ferrante has joined the firm as a partner in its Houston office, where he will advise clients in structuring, negotiating and documenting global deals.Subscription required.
|
Media Coverage
20 May 2010
|
Latin Lawyer
Corporate energy partner Pablo Ferrante has become the latest defector from Thompson & Knight's Latin America practice to Mayer Brown LLP. Subscription required.
|
|
|
Bylined article by James Ancone discussing trends in FCPA and other anti-bribery laws in Latin America.
|
Media Coverage
11 May 2010
|
The Mayer Brown deal team for Regency Energy Partners is covered in this article about recent M&A transactions.
|
Media Coverage
1 May 2010
|
Biomass Magazine
Byline article by Rob Goldberg looks at the opportunities offered by the federal government in the cash grant program under the American Recovery and Reinvestment Act of 2009 and USDA’s Biomass Crop Assistance Program.
|
Legal Update
30 April 2010
|
Mayer Brown Legal Update
On April 28, 2010, the Secretary of the US Department of the Interior signed a Minerals Management Service (MMS) record of decision approving a commercial lease and associated easement in federal waters in the Nantucket Sound to the developer of the Cape Wind Energy Project, allowing for the construction and operation of a wind energy project on the US Outer Continental Shelf (OCS). The Cape Wind Energy Project would be the first such wind farm located in US offshore waters, making this long awaited decision a critical step forward for the emerging US offshore wind industry.
|
News Release
28 April 2010
|
Gazprom won in a further suit of the first instance regarding alleged billion Euro claims by the US company Moncrief Oil International, Inc.: due to a lack of jurisdiction the District Court of Berlin had dismissed the claim against Gazprom which had been filed by the company solely founded for this law suit, Moncrief Oil International (Deutschland) GmbH. Mayer Brown LLP represents Gazprom in the legal action in which Moncrief basically demands interest in a company which exploits the gas field Yushno-Russkoye in Siberia.
|
Media Coverage
21 April 2010
|
Latin Lawyer
Stephen Hood participated in a roundtable discussion regarding the legal market in Brazil. Subscription required.
|
Media Coverage
19 April 2010
|
BusinessWeek
Jose Valera quoted on Ecuadorean President Rafael Correa’s attempt to accelerate renegotiations of oil-service contracts.
|
Media Coverage
19 April 2010
|
|
Media Coverage
13 April 2010
|
ALM
Dallas Parker quoted about joining the Corporate & Securities practice in Mayer Brown’s Houston office.
|
Media Coverage
13 April 2010
|
Portfolio Media
Energy company specialist and former Thompson & Knight partner Dallas Parker has joined the Houston office of Mayer Brown as a partner in the firm’s Corporate & Securities practice. Subscription required.
|
News Release
12 April 2010
|
Mayer Brown, a leading global law firm, announced today that Dallas Parker, one of the top corporate and energy lawyers in Houston, has joined its Houston office as a partner in the Corporate & Securities practice. He comes to Mayer Brown from Thompson & Knight, where he was managing partner of that firm’s Houston office.
|
Legal Update
29 March 2010
|
Mayer Brown Legal Update
On March 23, 2010, the US Environmental Protection Agency (EPA or the Agency) announced that it is proposing to add emission sources to its mandatory greenhouse gas (GHG) reporting system. As finalized in October 2009, those reporting rules cover approximately 30 source categories, including a “catch-all” for fuel combustion in boilers, turbines, engines, and other stationary equipment.¹ Through four separate proposals, the Agency now is looking to add three sectors—petroleum and natural gas systems, underground carbon dioxide (CO2) injection, and fluorinated gases—and to require all reporting facilities to provide information on their corporate ownership. These developments will be of particular interest to entities that
|
|
|
Mayer Brown Legal Update
The UK Government has now unveiled its industrial strategy for the development of Carbon Capture and Storage (CCS), showing its intent for the UK to become a global leader in these new technologies. CCS has the potential to be applied across the globe, and successful implementation in the UK could accelerate this process.
|
|
|
Mayer Brown Legal Update
The CRC, a new mandatory carbon trading scheme which will affect most businesses with electricity bills of over £500,000 in 2008, became law today.
|
Legal Update
18 March 2010
|
Mayer Brown Legal Update
The CRC is a mandatory carbon trading scheme that will affect most businesses with an electricity bill of over £500,000 in 2008.
|
Legal Update
17 March 2010
|
Mayer Brown Legal Update
On March 15, 2010, the US Department of the Treasury (Treasury) released revised guidance regarding when construction is deemed to have begun for purposes of the cash grant program for renewable energy projects.
|
Legal Update
10 March 2010
|
Mayer Brown Legal Update
During the 2008 presidential campaign, then-candidate Barack Obama singled out health insurance mergers as an area his administration would target for increased antitrust enforcement. In a major step toward implementing this policy, the Antitrust Division of the US Department of Justice (DOJ) announced on March 8, 2010 that parties to a proposed health insurance merger had decided to abandon the transaction in the face of a DOJ challenge.
|
Legal Update
10 March 2010
|
Mayer Brown Legal Update
The US Federal Trade Commission has issued a consent order against a manufacturer and distributor of photochromic lenses condemning certain distribution policies. In the Matter of Transitions Optical, Inc., FTC File No. 091 0062 (Mar. 3, 2010.) The investigation and resulting consent decree highlight the government’s heightened scrutiny of vertical restraints.
|
News Release
10 March 2010
|
Mayer Brown, a leading global law firm, announced today that 64 of its attorneys are ranked in the 2010 edition of Chambers Global: The World’s Leading Lawyers for Business, including 13 who achieved top-band ranking or higher in 10 regional and/or global categories.
|
Media Coverage
5 March 2010
|
CNNMoney.com
Jose Valera quoted on oil-rich countries collecting more money from the oil produced within their borders. “We're talking about a magnitude of work that would stretch any company. It will bottleneck Petrobras,” he said.
|
Legal Update
4 March 2010
|
Mayer Brown Legal Update
The Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801 et seq. (PMPA), limits the circumstances under which a franchisor of an automobile service station may terminate or decline to renew a franchise. On March 2, 2010 the Supreme Court held that the PMPA does not permit claims for “constructive termination” or “constructive nonrenewal” by franchisees that maintain their relationship with the franchisor.
|
News Release
4 March 2010
|
Mayer Brown, a leading global law firm, today announced that attorneys in its Finance practice served as counsel on three transactions recognized by Project Finance Magazine as 2009 Deals of the Year. The awards recognize innovation and excellence in energy and infrastructure finance, and are selected by the magazine’s staff of experienced journalists, in consultation with influential market participants.
|
|
|
In December 2008, the US Securities and Exchange Commission (SEC) adopted new oil and gas disclosure rules, which are now in force. The new rules apply to public companies with calendar fiscal-year ends and to registration statements filed after January 1, 2010.1 For details of those rules please reference the Mayer Brown article from March 2, 2009.
|
|
|
2010 is shaping up to be an interesting year for developing and financing power projects that use biomass as feedstock. On the one hand, private capital raising for biomass projects continues to be challenging, creating further pressure on biomass developers to structure “clean” projects -- investors and lenders fund projects with the strongest combination of long-term, fixed-price fuel supply arrangements (historically, perhaps the most challenging issue for biomass projects), take-or-pay power purchase arrangements and other project contracts that favorably allocate risk to experienced and creditworthy project counterparties.
|
|
|
|
|
|
Rising demands for power, depleting reserves of oil, gas and coal, international pressure for reduction of carbon emissions, advances in nuclear reactor technology, and more favorable cost projections are driving the increase in nuclear power in Asia. This article will focus especially on nuclear power development in India, China and Vietnam.
|
|
|
International contractors and engineering companies bidding for large and complex energy projects in the Middle East generally insist on international arbitration clauses that provide for arbitration in London or Paris. Banks involved in funding such projects also require such clauses.
|
News Release
1 March 2010
|
Mayer Brown, a leading global law firm, announced today that Paul J. Astolfi has joined the firm’s Chicago office as a partner in the Global Projects practice. Previously, he was a partner at Kirkland & Ellis in Chicago.
|
Legal Update
23 February 2010
|
Mayer Brown Legal Update
As new infrastructure projects begin to sprout across the United States in response to new government grants, incentives and stimulus plans, those seeking to capitalize on what President Obama calls “the largest new investment into the nations infrastructure since Eisenhower built an interstate highway system in the 1950s” are running into legal roadblocks. More specifically, they are finding that the complex web of US environmental laws not only makes it difficult to progress swiftly on infrastructure projects, but also enables project opponents to halt, delay or force changes in projects by filing lawsuits alleging noncompliance with environmental laws.
|
Legal Update
8 February 2010
|
Mayer Brown Legal Update
On February 3, 2010, the US Environmental Protection Agency (EPA) finalized implementing regulations under the Energy Independence and Security Act of 2007 (EISA) that make significant changes to the renewable fuel standard (RFS1) that was originally established by the Energy Policy Act of 2005 (EPA Act). The changes are intended to boost domestic biofuels production by, among other things, expanding the volume of renewable fuel that transportation fuel sold in the United States must contain.
|
Legal Update
February 2010
|
Mayer Brown Legal Update
The Copenhagen Summit in December was almost universally judged to be a failure: at least if your measure of success was that it should have sealed a Kyoto-style treaty for regulating climate change after 2012 when Kyoto runs out.
|
Legal Update
3 February 2010
|
Mayer Brown JSM Legal Update
The Thai Cabinet has approved a draft law governing civil liability for oil pollution from shipping. The draft seeks to implement international maritime standards and establish firm policies to deal with the catastrophic effects of oil spills.
|
Media Coverage
1 February 2010
|
Financial Times
Kevin Shaw quoted on exporting gas from the US. “They’re looking around in all the dark corners, where nobody thought they could profitably exploit the resource,” he said. (
|
Legal Update
1 February 2010
|
Mayer Brown JSM Legal Update
Hong Kong has recently enacted the Bunker Oil Pollution (Liability and Compensation) Ordinance. Under this Ordinance, shipowners will be held liable for the damage arising from contamination caused by the discharge or escape of bunker oil from ships or in respect of a threat of such damage.
|
Legal Update
28 January 2010
|
Mayer Brown JSM Legal Update
The National People's Congress ("NPC") Standing Committee adopted amendments to the Renewable Energy Law ("REL Amendments") on 26 December 2009, although they will not become effective until 1 April 2010.
|
Newsletter
27 January 2010
|
Mayer Brown Newsletter
In addition to reviewing some of the important developments over the past few months, in this edition of our Global Projects & Infrastructure Update we would like to inform you about some exciting developments at Mayer Brown.
|
News Release
26 January 2010
|
Mayer Brown, a leading global law firm, announced today that Jose L. Valera has joined its Houston office as a partner in the Corporate & Securities practice.
|
|
|
As renewable energy projects proliferate across the United States in response to federal and state mandates and incentives, there are increasing clashes between this green form of energy and environmental regulations issued under a complex web of national and local laws. Opponents of a project—often environmental groups or organizations of local residents concerned about aesthetics or property values—are now commonly filing lawsuits to halt, delay or force changes in the project, alleging violations of the environmental laws.
|
Media Coverage
20 January 2010
|
Financial Times
Kevin Shaw quoted on the lawsuit against Chevron seeking $27 billion for environmental damages in Ecuador, saying big companies spend a lot of time worrying about precedent.
|
Legal Update
15 January 2010
|
Mayer Brown JSM Legal Update
In a major turnaround, the Chinese Government has dropped its requirement that wind turbines have 70 percent Chinese content, thus potentially heralding additional foreign participation in an already crowded wind power sector market. In the next decade, China seeks to increase its wind power capacity five-fold to 100,000 megawatts.
|
Legal Update
14 January 2010
|
Mayer Brown Legal Update
On January 13, 2010, the Supreme Court held in NRG Power Marketing, LLC v. Maine Public Utilities Commission, No. 08-674, that the presumption that rates established by a freely negotiated wholesale-energy contract are “just and reasonable” applies fully when a contractual rate is challenged by an entity that is not a party to the contract at issue.
|
Media Coverage
13 January 2010
|
Portfolio Media
David Bloom quoted on a Supreme Court ruling in favor of energy companies looking to apply the rigorous Mobile-Sierra doctrine to third-party rate challengers. Subscription required.
|
News Release
12 January 2010
|
Three projects for which Mayer Brown attorneys provided legal counsel were selected as the best in their respective categories in Project Finance International’s 2009 International Awards.
|
Legal Update
29 December 2009
|
Mayer Brown JSM Legal Update
Local infrastructure projects are set to become more attractive to private investors as the Ministry of Planning and Investment has just finished a draft public-private partnership (PPP) financing framework which will be submitted to the Government in early 2010 and is expected to be approved in September 2010.
|
Legal Update
24 December 2009
|
Mayer Brown JSM Legal Update
On 25 November 2009, with the agreement of 77.48 percent of delegates, the National Assembly of Vietnam approved the resolution on the construction of the first nuclear power plants in Ninh Thuan province.
|
Legal Update
23 December 2009
|
China Tax Intelligence
China’s State Administration of Taxation (SAT) issued a circular reinforcing the tax administration of share transfers by non-resident enterprises. The circular covers taxation of non-resident enterprises which transfer non-listed shares of PRC resident enterprises or specific overseas holding vehicles with underlying PRC resident enterprises.
|
|
|
The Federal Energy Regulatory Commission (FERC) issued an order on December 17, 20091 (the Order) with significant implications for owners of and tax equity investors in US generating facilities. The Order concludes that tax equity investments that are “passive,” under the FERC’s standards, do not create affiliate relationships for the purpose of market-based rate authorizations.
|
|
|
A Kansas county located in the heart of the Wind Belt banned commercial wind farms, citing the rural nature of the county and aesthetic concerns. That ban derailed a large wind energy project, destroying the value of farmers’ wind rights and wind energy developers’ leases. On behalf of the Wind Coalition—members of which develop, construct, and operate wind energy projects, manufacture component parts, and include non-profit organizations such as the American Wind Energy Association—Mayer Brown filed an amicus brief in the Kansas Supreme Court arguing that the county ban violates the Commerce Clause and Takings Clause of the U.S. Constitution and should be struck down. A decision is expected in spring 2010.
|
Media Coverage
15 December 2009
|
The New York Times
Paul Forrester quoted on US derivative regulatory reform having potential international impact
|
Media Coverage
15 December 2009
|
SNL
David Bloom extensively quoted on Exxon’s proposed acquisition of XTO Energy, saying some market consolidation and reshuffling could be at hand because technologies related to shale exploration have now grown relatively mature.
|
Legal Update
14 December 2009
|
Mayer Brown JSM Legal Update
In Shell Egypt West Manzala GmbH and Shell Egypt West Qantara GmbH v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation) the English High Court confirmed that in an arbitration clause, the words "final, binding and conclusive" do not preclude the parties from seeking to appeal against an arbitral award. For a right of appeal to be excluded, there must be clear and express wording to that effect.
|
Media Coverage
3 December 2009
|
Reuters
Marc Folladori quoted on energy M&A.
|
Legal Update
19 November 2009
|
Mayer Brown JSM Legal Update
Until July 2008, there was no national legislation that governed public utilities projects and more specifically, wastewater treatment projects, financed under the BOT model. In July 2008, the Shenzhen Municipal Government promulgated and implemented China's first set of local rules for build-operate-transfer ("BOT") wastewater treatment projects, the Shenzhen Municipal Administrative Rules for BOT Wastewater Treatment Projects 《深圳市污水处理厂BOT项目管理办法》("Administrative Rules"). In light of the developments since the enactment of the Administrative Rules, the following seeks to provide an outline of the local framework governing BOT wastewater treatment projects in Shenzhen and the impact on the future development of BOT public utilities projects.
|
|
|
The federal stimulus act (“American Recovery and Reinvestment” or “ARRA”) makes substantial benefits available to developers of wind and other renewable projects located in the United States
|
|
|
As the world prepares for the Copenhagen Summit on climate change in December to discuss a new binding agreement to replace the Kyoto Protocol, which expires in 2012, we consider some of the main talking points and the prospects for achieving a new treaty. To begin, it is necessary to take a brief look at the existing international architecture governing climate change.
|
|
|
As US-based wind companies continue to be acquisition targets for foreign investors, buyers and sellers in these deals should be prepared for some unique cross-border issues.
|
|
|
Although solar power projects pale in comparison to the scope of hydropower and wind power projects in China, a series of announced solar power projects have created a new interest in this sector by domestic and foreign power developers.
|
Media Coverage
3 November 2009
|
Financial Times
Paul Forrester quoted on replacing CO2 storage. “If you push 20 years' worth of CO 2 in the ground and it leaks out, you're back 30 years. We need it to stay there for ever,” he said.
|
Media Coverage
16 October 2009
|
Portfolio Media
Marc Folladori quoted on deal volume for joint venture transactions. “We’ve seen a return to alternative forms of financing like joint ventures,” he said. Subscription required.
|
Legal Update
25 September 2009
|
Mayer Brown Legal Update
Mabey & Johnson Ltd, a British company which manufactures bridge equipment, pleaded guilty at Southwark Crown Court to a series of corruption offences committed overseas and is to pay a total of £6.55m in connection with these offences. On Friday 25 September 2009 the company was ordered by the court to pay £4.6m in fines and disgorgement of profits. In addition, the company has undertaken to pay reparations to the affected countries.
|
Legal Update
24 September 2009
|
Mayer Brown JSM Legal Update
Owing to low participation in the voluntary Hong Kong Energy Efficiency Registration Scheme for Buildings that has been in operation for nine years and the growing awareness of environmental protection, the government has drafted a legal framework for mandatory implementation of the Building Energy Codes. Under the scheme, Post-enactment Buildings within its coverage, will be required to follow compliance procedures to obtain necessary certificates.
|
Legal Update
22 September 2009
|
Mayer Brown Legal Update
On September 21, 2009, the US Internal Revenue Service (IRS) published Announcement 2009-69. The announcement makes a number of changes to Revenue Procedure 2007-65, the safe harbor for wind energy partnerships using the partnership flip structure.
|
Legal Update
1 September 2009
|
Mayer Brown Legal Update
We have previously written about legislative and regulatory developments facing the over-the-counter (OTC) derivatives market. These development include a number of bills introduced in Congress as well as the framework outlined by the Department of the Treasury in the June white paper, “Financial Regulatory Reform: A New Foundation,” for a new regulatory regime for OTC derivatives to be implemented by legislation.
|
|
|
Bylined article by Jeffrey Davis disusses the government program to award tax credits to manufacturers of advance energy equipment.
|
|
|
Bylined article by Robert Goldberg and Jeffrey Davis discusses foreign investment into the US wind sector.
|
Legal Update
14 August 2009
|
Mayer Brown Legal Update
On August 6, 2009, the US Federal Trade Commission (FTC) issued a Final Rule intended to proscribe market manipulation in the petroleum industry. The Final Rule prohibits fraud or deceit in the wholesale petroleum markets and also includes a separate provision prohibiting omissions of material information that may distort the market.
|
Legal Update
13 August 2009
|
Mayer Brown Legal Update
S.1462, the “American Clean Energy Leadership Act of 2009,” has been voted out of committee and added to the US Senate calendar. The bill, which would comprehensively overhaul the US energy system, covers appliance energy efficiency, building energy codes, the reliability of the US grid for electricity transmission, renewable electricity standards, carbon capture and storage, energy market manipulation, and aid for deploying clean energy technologies.
|
Legal Update
3 August 2009
|
Mayer Brown Legal Update
The Department of Energy (DOE) issued two anticipated loan guarantee program solicitations on July 29, 2009, regarding (i) projects that employ innovative energy efficiency, renewable energy and advanced transmission and distribution technologies and (ii) electric power transmission infrastructure investment projects.
|
Legal Update
31 July 2009
|
Mayer Brown Legal Update
On July 31, 2009, the US Treasury Department (Treasury) announced that it is now accepting applications for grants in lieu of tax credits (Grants) under section 1603 of the American Recovery and Reinvestment Act of 2009. Section 1603 established a program whereby an eligible person could, in lieu of claiming the production tax credit under Internal Revenue Code Section 45 or the investment tax credit under Internal Revenue Code Section 48, apply to Treasury for a Grant with respect to certain renewable energy property to provide a reimbursement for a portion of the costs of such property.
|
Legal Update
15 July 2009
|
Mayer Brown Legal Update
The US House of Representatives has approved H.R. 2454, the “American Clean Energy and Security Act of 2009” (ACESA), otherwise known as the “Waxman-Markey” bill. It now goes to the Senate where it awaits an uncertain future.
|
Legal Update
14 July 2009
|
Mayer Brown Legal Update
The US Environmental Protection Agency (US EPA) has extended until September 25, 2009, the comment period on its rulemaking proposing comprehensive amendments to its renewable fuel standards. The proposed regulations would dramatically alter and expand the regulatory framework governing the use of renewable fuels in the transportation sector.
|
Legal Update
10 July 2009
|
Mayer Brown JSM Legal Update
The Race Discrimination Ordinance ("RDO") comes into force today, 10 July 2009. This is the same day as the final version of the Code of Practice on Employment under the Race Discrimination Ordinance is published on the Equal Opportunities Commission ("EOC") website!
|
Legal Update
10 July 2009
|
Mayer Brown Legal Update
Section 1603 of the American Recovery and Reinvestment Act of 2009 established a program whereby an eligible person could, in lieu of claiming the production tax credit under Internal Revenue Code Section 45 or the investment tax credit under Code Section 48, apply to the US Treasury Department for a grant with respect to “specified energy property” to provide a reimbursement for a portion of the costs of such property. Treasury has issued long-awaited guidance concerning these grants, which guidance includes three key documents: (i) Program Guidance, (ii) Term and Conditions, and (iii) Sample Application.
|
|
|
Before 2009, we saw tremendous growth in wind energy development in the United States. While growth has slowed during the current economic crisis, this upward trend is likely to continue in part as a result of the American Recovery and Reinvestment Act of 2009 (the Stimulus Act).
|
|
|
A threshold issue for developing any wind energy resource is negotiating and formalizing the developer’s rights in the land where the project will be built. Unlike other aspects of such a project, the process of stitching together a workable “wind farm” involves negotiating land rights with a large number of individuals, usually farmers, for whom the project presents both benefits and concerns.
|
|
|
Mayer Brown Legal Update
Illinois Public Act 096-0028 (the “Act”) became effective June 30, 2009. The Act permits wind energy projects across Illinois to obtain exemptions from sales and use taxes by direct application to the state.
|
Legal Update
23 June 2009
|
Mayer Brown Legal Update
Section 402 of the Clean Water Act (“CWA”) grants the Environmental Protection Agency (“EPA”) the authority to “issue a permit for the discharge of any pollutant” “[e]xcept as provided in [Section 404].” 33 U.S.C. § 1342(a). Section 404 of the CWA grants the U.S. Army Corps of Engineers (“the Corps”) the authority to “issue permits . . . for the discharge of dredged or fill material.”
|
Legal Update
18 June 2009
|
Mayer Brown Legal Update
Over-the-counter (OTC) derivatives have drawn a heavy dose of politicians’ ire during the current financial downturn. In a previous update discussing regulatory developments facing the OTC derivatives market, we described a number of Congressional Committee bills and a framework outlined by the Secretary of the U.S. Department of the Treasury, upon which the Obama Administration expects Congress to build a new regulatory regime for OTC derivatives.
|
Legal Update
15 June 2009
|
Mayer Brown Legal Update
The Department of Energy (DOE) has released three anticipated funding opportunity announcements (FOAs) since June 3, 2009, regarding (i) site characterization for CO2 geologic sequestration (the Site FOA), (ii) industrial CO2 capture and sequestration and beneficial use of CO2 (the Industrial FOA), and (iii) an amendment of an earlier FOA for Round 3 of the DOE’s Clean Coal Power Initiative (CCPI) that increases the funding available for it by approximately $800 million (the CCPI FOA).3 Applicants under these FOAs must have a DUNS number and must be registered with the Federal Government’s Central Contractor Registration (CCR) and with FedConnect.4
|
Legal Update
12 June 2009
|
Mayer Brown Legal Update
The US House Committee on Energy and Commerce has released the official “Report” on its energy and climate legislation, the “American Clean Energy and Security Act of 2009.” This 700-plus page report is the only integrated final version of the complete text of the legislation, also referred to as the “Waxman/Markey Bill,” with all amendments.
|
Legal Update
11 June 2009
|
Mayer Brown Legal Update
On June 9, 2009, US Senator Bob Casey (D-Pa.) and Representative Diana DeGette (D-Colo.) introduced matching Senate and House bills (S. 1215 and H.R. 2766) that would regulate hydraulic fracturing in the oil and gas industry. Those bills, each of which is being called the Fracturing Responsibility and Awareness of Chemicals Act (or FRAC Act), would do two things: (i) make hydraulic fracturing for oil and gas subject to the Safe Drinking Water Act (SDWA), and (ii) require disclosure of the chemical constituents used in hydraulic fracturing.
|
|
|
Mayer Brown Legal Update
On June 5, 2009, the Internal Revenue Service issued Notice 2009-52, which describes the much anticipated procedures for electing to claim the investment tax credit (ITC) under Section 48 in lieu of the production tax credit (PTC) under Section 45 with respect to certain renewable energy facilities (the ITC Election). The flexibility to make the ITC Election was provided in the American Recovery and Reinvestment Act of 2009 (the Recovery Act) that was enacted on February 17, 2009.
|
|
|
Mayer Brown, a leading global law firm, announced today that Christopher Erckert has joined its Washington, D.C. office as a partner in the Global Projects group. Previously, he was a well-known and experienced partner in the Washington, D.C. office of Vinson & Elkins. He is the second hire for Mayer Brown’s Global Projects group in the last month.
|
Media Coverage
4 June 2009
|
Oil & Gas Journal
John Hahn quoted on the potential for energy companies to face more environmental lawsuits as a result of climate change legislation.
|
|
|
Mayer Brown Legal Update
On May 21, 2009, by a largely party-line vote, the US House Energy and Commerce Committee adopted H.R. 2454, which is called the “American Clean Energy and Security Act” and commonly referred to as the “Waxman-Markey bill” (reflecting the sponsors of this proposed legislation). A highly ambitious attempt to reduce the use of fossil fuels and the emission of greenhouse gases (GHGs) through a combination of regulatory standards and market forces, H.R. 2454 sets the stage for further complex discussions in Congress.
|
|
|
Mayer Brown Legal Update
On May 26, 2009, the US Environmental Protection Agency issued a proposed rulemaking that would amend and significantly expand the regulations governing the use of Renewable Fuels in the transportation sector. When finalized, the regulations will provide the regulatory framework for the renewable fuels industry in the United States during the next decade and beyond.
|
|
|
Mayer Brown Legal Update
Catastrophes occurring in 2008 caused $26 billion in direct insured losses to property. Catastrophe risk is typically spread through direct insurance coverage provided by primary insurers and then through reinsurance provided by global reinsurers and insurance-linked securities (cat bonds) to investors.
|
Media Coverage
19 May 2009
|
|
|
|
Mayer Brown Legal Update
The over-the-counter (OTC) derivatives market is increasingly the focus of the U.S. legislative agenda. While the flurry of bills and pronouncements have done little to add substance to that framework, they have made one thing abundantly clear: OTC derivatives will be subject to a new regulatory landscape. One common thread among all is transparency; however, the road to achieving that is rife with blind corners.
|
|
|
Mayer Brown, a leading global law firm, announced today that Robert S. Goldberg has joined its Houston office as a partner in the Global Projects group. Previously, he was a partner in the Houston office of Chadbourne & Parke, which office he helped open in 2002.
|
|
|
Ten years ago Judge Wilkie Ferguson, Jr. entered summary judgment for the plaintiff Miccosukee Tribe of Indians and Friends of the Everglades on a novel claim: that a public water manager is required to obtain a discharge permit under Clean Water Act Section 402 in order to transfer or divert water—that is, to convey or connect water of the United States to other water of the United States without subjecting it to any intervening use.
|
|
|
Mayer Brown JSM Legal Update
In keeping with its campaign against global warming, the Thai Ministry of Energy has issued a Ministerial Regulation (the "Regulation") calling for better energy conservation in buildings. Taking effect from 20 June 2009, the Regulation is aimed at combating rising fuel and energy costs, while at the same time promoting a greener environment.
|
Legal Update
28 April 2009
|
Mayer Brown Legal Update
The Federal Power Act (“FPA”), 16 U.S.C. §824 et seq., gives the Federal Energy Regulatory Commission (“FERC”) exclusive authority to regulate the transmission and sale for resale of electricity in interstate commerce. Section 206 of the Act, 16 U.S.C. § 824e(a), requires that the rates for any such services be “just and reasonable.”
|
Legal Update
20 April 2009
|
Mayer Brown Legal Update
On April 17, 2009, the US Environmental Protection Agency (EPA) proposed “to find that greenhouse gases in the atmosphere endanger the public health and welfare of current and future generations.” In addition, the Agency proposed to find that four greenhouse gases (GHGs) emitted from new motor vehicles and new motor vehicle engines contribute to that air pollution.
|
Legal Update
2 April 2009
|
Mayer Brown Legal Update
On April 1, 2009, the US Supreme Court released its opinion in Entergy Corp. v. EPA, No. 07-588 (previously discussed in February 19, 2008 Docket Report). The Clean Water Act, 33 U.S.C. § 1251 et seq., regulates “cooling water intake structures” found in large powerplants.
|
Media Coverage
1 April 2009
|
Wall Street Journal Online
Tim Bishop quoted on the Supreme Court ruling in Energy v. EPA, saying the ruling is "likely to be highly influential in granting EPA discretion to use cost-benefit analysis more generally."
|
Media Coverage
1 April 2009
|
Inside Counsel
Tim Bishop extensively quoted on environmental policy in the Obama administration.
|
News Release
1 April 2009
|
1 April 2009 - Leading international law firm Mayer Brown has advised the mandated lead arranger, Bayerische Hypo – und Vereinsbank AG, part of the UniCredit group, on the $62.5 million financing for the construction and development of the Çöpler gold mine in the Erzincan province of Turkey.
|
Media Coverage
20 March 2009
|
Wall Street Journal Online
Jeff Davis quoted on support of clean energy in the stimulus package. “What came out ultimately fell a little short. The stimulus was a great first step, but the government and industry need to do a whole lot more to get us where we need to be,” he said.
|
Legal Update
13 March 2009
|
Mayer Brown Legal Update
13 March 2009 - Title XVII of the Energy Policy Act of 2005 authorized the US Department of Energy (DOE) to provide loan guarantees for the development of innovative technologies (i.e., technologies that are not yet commercially available at the time the guarantee is issued). Title III of the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) expanded this program.
|
Legal Update
11 March 2009
|
Mayer Brown Legal Update
On March 10, 2009, the US Environmental Protection Agency (EPA) released its 1410 page proposal to require mandatory reporting of greenhouse gas (GHG) emissions in the United States.1 The proposed rule was issued pursuant to the FY 2008 Consolidated Appropriations Act (signed in December 2007) and EPA’s authority under the Clean Air Act.
|
News Release
10 March 2009
|
March 10, 2009 – Mayer Brown, a leading global law firm, announced today that 55 of its attorneys are ranked in the 2009 edition of Chambers Global: The World’s Leading Lawyers for Business, including 13 who achieved top-band ranking or higher in 11 regional and/or global categories.
|
Media Coverage
4 March 2009
|
Bloomberg
Bob Gray quoted on takeovers paid for with stock.
|
Legal Update
4 March 2009
|
Mayer Brown Legal Update
On February 19, 2009, the US Federal Energy Regulatory Commission (FERC) issued an order that is meant to encourage investment in the nation’s electricity transmission infrastructure and assist companies in obtaining the necessary support from state regulatory authorities, generators and load-serving entities for the development of merchant transmission projects. In Chinook Power Transmission, LLC and Zephyr Power Transmission, LLC, 126 FERC ¶ 61,134 (Feb. 19, 2009) (Chinook/Zephyr Order), FERC approved requests by both Chinook and Zephyr to charge negotiated rates for their proposed merchant transmission projects and, following FERC’s established practice with respect to interstate natural gas pipelines, approved Chinook’s and Zephyr’s proposals to presubscribe up to 50 percent of each project’s 3,000 MW of capacity to anchor shippers.
|
Legal Update
2 March 2009
|
Mayer Brown Legal Update
The US Securities and Exchange Commission has published final rules and interpretations regarding its new oil and gas disclosure requirements. These new disclosure rules are the first significant revisions to Rule 4-10 of Regulation S-X and Item 102 of Regulation S-K (and the related Industry Guides) under the Securities Act of 1933 and the Securities Exchange Act of 1934 since the adoption of the original reporting requirements almost 30 years ago.
|
Legal Update
February 2009
|
Mayer Brown Legal Update
Over the last year, there have been some exciting developments within Mayer Brown’s Global Energy Practice Group.
|
Legal Update
19 February 2009
|
Mayer Brown Legal Update
On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the “Act”).
|
Legal Update
29 January 2009
|
Mayer Brown Legal Update
29 January 2009 - On January 28, 2009, the House of Representatives passed the American Recovery and Reinvestment Act of 2009 (H.R. 1) on a vote of 244 to 188. The House stimulus bill includes a $275 billion tax package that was approved by the House Ways and Means Committee on January 22, 2009, by a vote of 24 to 13.
|
Legal Update
19 January 2009
|
Mayer Brown Legal Update
The Council of Ministers is expected to formally endorse at one of its forthcoming sessions several significant decisions that were made at the last European Council on 11 and 12 December 2008. These decisions stem from the translation into legislative acts of political targets established in March 2007 by European heads of government.
|
News Release
8 January 2009
|
Mayer Brown LLP, a leading global law firm, announced today that Jeffrey G. Davis, 40, has joined the firm’s Washington, DC office as a partner in the Tax Transactions practice.
|
Legal Update
2 January 2009
|
Mayer Brown Legal Update
2 January 2009 - On December 31, 2008, the US Securities and Exchange Commission announced that it approved the proposed revisions to oil and gas reserves reporting requirements. These new disclosure rules completely overhaul the existing reporting requirements and mark the first revisions to Rule 4-10 and Regulation S-X since the adoption of the original reporting requirements more than a quarter century ago.
|
|
|
In recent years, the US Supreme Court has heard an increasing number of cases involving environmental issues with potentially significant impacts on industry. That trend continues with the Court’s 2008-2009 term.
|
|
|
25 November 2008 - Aibel Group Ltd. (Aibel Group), a UK corporation, pleaded guilty on November 21, 2008, to violating the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA) and agreed to pay a $4.2 million fine.
|
Legal Update
24 November 2008
|
Mayer Brown Legal Update
24 November 2008 - On November 20, 2008, the Federal Energy Regulatory Commission (FERC) issued two important orders relevant to investment companies, advisers, and other entities that engage in the acquisition of securities in electric utilities and electric utility holding companies.
|
News Release
15 October 2008
|
Mayer Brown JSM has expanded its Asian Energy practice with the appointment of Jack Su, senior consultant, who will be based in Hong Kong. He joins a 150-member strong Global Energy Practice Group.
|
|
|
September 2008 - Across the United States, increasing petroleum and power prices and increases in extreme weather events have caused Americans to focus on energy policy and climate change issues like never before. This newsletter summarizes a discussion with the chief energy policy advisors to Senator Obama and Senator McCain covering such topics as strategies for reducing dependence on foreign oil, climate change responses and technology innovations to address oil and climate change challenges.
|
|
|
14 October 2008 - The Emergency Economic Stabilization Act of 2008 (the “Act”) contains numerous extensions, additions, and modifications of certain renewable and other energy tax credits.
|
Media Coverage
13 October 2008
|
Texas Lawyer
Marc Folladori pictured and quoted and Tristan Propst and Margaret Davis quoted in article discussing ION Geophysical Corp’s acquisition of ARAM Systems Ltd. in the midst of Hurricane Ike.
|
Article
30 September 2008
|
September 2008 - Over the past several years, federal and state legislation has been enacted to provide incentives and implement mandates for the development and commercialization of renewable energy and renewable fuel technologies and projects. These efforts have resulted in a patchwork of laws rather than a single “renewable energy” or “climate change” policy. The current legal landscape and the changes facing developments and investors in the renewable energy sector are described in an article written by Robert Edwards from the Global Projects practice.
|
Legal Update
9 September 2008
|
Mayer Brown JSM Legal Update
The Government has announced six measures to be carried out for six months to ease economic burdens upon Thai people, especially middle and low-income earners, in the midst of increasing prices of oil and food in Thailand.
|
News Release
25 August 2008
|
25 August 2008 - Mayer Brown LLP advised Precision Drilling Trust on a merger agreement with Grey Wolf, Inc, in which Precision will acquire Grey Wolf. The combination of Precision and Grey Wolf will have land drilling operations in almost every oil and gas basin in the US and Canada with an emerging presence in Mexico, making it one of the largest land drillers in North America. The resulting enhanced leadership position for Precision in the North American oil field services sector is an important step in Precision’s long-term strategy for expansion.
|
News Release
22 August 2008
|
22 August 2008 - Mayer Brown LLP advised longtime client The Jordan Company, L.P., a private equity firm with more than $5 billion under management, in its agreement to acquire Harvey Gulf International Marine Inc. for $500 million. Harvey provides offshore supply and multi-purpose dive support vessels to service deepwater oil rigs in the US Gulf of Mexico.
|
|
|
21 August 2008 - Some blame the recent increases in the price of oil and gasoline on “market manipulation” by oil companies, or investors who trade in petroleum futures. (Additional publication by Law360, 2 September 2008)
|
|
|
Public Utilities Fortnightly
August 2008 - New applications for stranded-cost securitization in the fossil-fuelled power sector.
|
|
|
August 2008 - Globally, every country is challenged to develop an energy strategy that keeps pace with growing need while minimizing environmental impact. Mayer Brown's renewable energy team integrates dedicated internationally qualified lawyers with a range of skills to advise on the development financing and operations for a full range of renewable energy projects.
|
News Release
15 July 2008
|
Mayer Brown
15 July 2008 - Leading international law firm Mayer Brown has advised Kappa Energy Holdings Ltd in connection with its sale to Pacific Rubiales Energy Corp (a TSX listed company) for $168 million.
|
|
|
Mayer Brown Newsletter
July 2008 - Renewing our efforts to go green - consultation on the UK Renewable Energy Strategy now open
|
|
|
Mayer Brown JSM Legal Update
The Ministry of Construction issued Circular No. 06/2008/TT-BXD on 20 March 2008 providing guidelines for managing costs of public utility services in urban areas ("Circular 06"). Its purpose is to set up a framework for better management of the public utilities including better quality and efficiency.
|
|
|
1 July 2008 - The Supreme Court released its opinion in Exxon Shipping Co. v. Baker, No. 07-219, the landmark Exxon Valdez case, holding that the $2.5 billion punitive damages award is excessive as a matter of maritime law and that "a 1:1 ratio" of punitive to compensatory damages " is a fair upper limit" in maritime cases. What are the implications of this decision for due process challenges to punitive damages awards in the future?
|
Legal Update
30 June 2008
|
Mayer Brown Legal Update
30 June 2008 - On June 26, 2008, the US Securities and Exchange Commission (SEC) published for public comment a proposed new rule governing the reporting of a company's oil and gas reserves in SEC filings (Release No. 33-8935).
|
|
|
26 June 2008 - Today the Supreme Court issued a decision of interest to the business community.
|
|
|
Mayer Brown Legal Update
In June 2008, the US Department of Energy (DOE) will solicit proposals for the second round of loan guarantees to support renewable energy projects that employ innovative technologies.
|
Legal Update
30 April 2008
|
Mayer Brown Legal Update
India's rapid industrialization and increased role in the global economy continues to substantially increase its demand for energy. As a result, business and investment activity in India's energy sector is substantially growing as well.
|
Legal Update
25 April 2008
|
Mayer Brown Legal Update
25 April 2008 - The momentum gained in December 2007 from the adoption of the "Bali Road Map" by Parties to both the Climate Convention and the Kyoto Protocol was not evident at the climate change talks held during the first week in April in Bangkok, Thailand.
|
News Release
14 April 2008
|
31 March 2008 - TransCanada Corporation (TSX, NYSE: TRP) (TransCanada) today announced that its subsidiary has agreed to acquire from National Grid plc (National Grid), all the outstanding membership interests of KeySpan-Ravenswood, LLC, that directly or indirectly owns or controls the 2,480 megawatt (MW) Ravenswood Generating Facility (Ravenswood) located in Queens, New York for US$2.8 billion plus closing adjustments.
|
News Release
1 April 2008
|
1 April 2008 - Barry Machlin, a partner in the Global Projects Group at Mayer Brown LLP, a leading global law firm, has been selected by American Lawyer Magazine as a Dealmaker of the Year for 2007 in the Project Finance category.
|
Legal Update
18 March 2008
|
Mayer Brown Legal Update
18 March 2008 - For the first time since the Kyoto Protocol was negotiated and adopted in the 1990s, the United States will be an active participant with other industrialized nations, together with developing countries such as China, India and Brazil, in talks to implement the "Bali Action Plan" for a new climate accord.
|
Media Coverage
11 March 2008
|
11 March 2008 - The firm represented finance parties Bayerische Hypo- und Vereinsbank AG London Branch, Nordea Bank Finland plc, Société Générale London Branch and Standard Bank plc on the $320 million project financing for the construction and development of the nickel project in Finland.
|
Legal Update
4 March 2008
|
Mayer Brown Legal Update
4 March 2008 - A little known provision of the Energy Independence and Security Act of 2007 (EISA) is increasingly being seen as making sales of fuel to the federal government far more complex, creating potential trade conflicts, and boosting certain technologies at the expense of others.
|
News Release
20 February 2008
|
20 February 2008, Washington, D.C., - On February 7, 2008, Judge Pisano of the U.S. District Court for the District of New Jersey ordered the dismissal of Sir Philip Watts, the former chairman of the Committee of Managing Directors of the Royal Dutch/Shell Group of companies ("Shell"), from a class action arising under United States securities laws. Sir Philip had been a named defendant in the private lawsuit brought against Shell, Shell's external auditors, KPMG and PwC, and others. The lawsuit continues against Shell, KPMG, and PwC.
|
Legal Update
23 January 2008
|
Mayer Brown Legal Update
On January 23, 2008, the European Commission presented a far-reaching package of proposals that will deliver on the European Union's ambitious commitments to fight climate change and promote renewable energy up to 2020 and beyond.
|
News Release
9 January 2008
|
9 January 2008 - Mayer Brown, a leading international law firm, announced today that Stephen F. Gates, former senior vice president and general counsel of ConocoPhillips, has rejoined the firm as special counsel in the Houston office's Corporate/Energy practice group.
|
Media Coverage
December 2007
|
3 December 2007 - As carbon emission themes and alternative energy sources such as biofuels and wind power make global headlines, governments and the business sector are focusing on climate change policies. This article was first published in and is reproduced with the kind permission of Financial News, 3 December 2007
|
Legal Update
20 November 2007
|
Mayer Brown Legal Update
20 November 2007 - Notice 2007-97, released by the IRS on November 13, 2007, originally as Notice 2007-92, made a narrow retroactive change (back to October 1, 2006) to the definition of "liquid hydrocarbons derived from biomass" for purposes of the alternative fuel credit and alternative fuel mixture credit, to clarify the definition to exclude oil, natural gas, coal, or any product derived from these three products.
|
|
|
November 2007 - After an extended period of consultation the Government announced, in May 2007, that it intends to introduce the Carbon Reduction Commitment ("CRC"), a new mandatory emissions trading scheme.
|
News Release
23 October 2007
|
23 October 2007 - Marc Folladori, a partner in the Houston office of international law firm Mayer Brown made Texas Lawyer's 2007 "Go-To Guide," which includes 145 of top Texas attorneys in 29 practice areas.
|
Media Coverage
19 October 2007
|
October 2007 - The Best Power/Energy Deal Award went to the Hidro Xacbal hydro project in Guatemala. Our New York team advised RBBT on the $226.8 million financing for this milestone project -- the largest project financing of any sort in Guatemala to date."
|
News Release
1 October 2007
|
1 October 2007 - Euromoney's Project Finance has published its "Top 10" rankings in Power and Renewables within the Latin American market.
|
News Release
5 September 2007
|
Leading international law firm Mayer Brown today announced it is expanding its geographic presence in Latin America and is in the process of establishing an office in São Paulo, Brazil. Stephen Hood, a lawyer with extensive international experience, particularly in the Brazilian legal community, will become a Partner of the firm and will run the office.
|
|
|
August 2007 - Valuing future income streams from the production of oil and gas is a well-developed discipline within the industry and among sophisticated investors. Valuations drive companies' investment decisions and market transactions every day. In the context of resolving disputes, especially international ones, arbitration tribunals are frequently called on to perform a similar exercise: to determine a lump-sum damages award to compensate for the loss of an income-producing asset.
|
Newsletter
20 August 2007
|
Mayer Brown Newsletter
20 August 2007 - The Global Projects Group at Mayer Brown will once again participate as lead sponsors of the 11th Annual Mexican Energy Conference in Houston, October 25-26th. Co-chair of the group, partner Barry Machlin, will again host as Event Chair. This event is a well-known and highly regarded opportunity to engage in dialogue among industry leaders, government officials, and private sector participants.
|
|
|
Mayer Brown Newsletter
August 2007 - Email from America: A special supplement on Construction and Engineering law in the U.S.
|
|
|
Mayer Brown Newsletter
August 2007 - Email from America; Timed out? Sorting out the gas bill; What's your sell-by date? Seven hundred years later; Who needs Johnny Depp? Anything you say may be taken down and. Offcuts; Tunnel vision? Making the right call; Where are you mother? The Quick Guide to rights to light (and why they could be expensive); An Inspector calls
|
|
|
7 June 2007 - Most major energy companies are taking proactive steps to address climate change concerns, despite uncertainty about the form future regulations might take, and the possibility that forward-thinking companies might not get credit for previous initiatives under new regulations.
|
|
|
Mayer Brown Legal Update
06 June 2007 - The federal district court of New Mexico refused to grant the Federal Trade Commission's motion for a preliminary injunction to stop the proposed merger between Western Refining, Inc. and Giant Industries, Inc. Federal Trade Commission v. Foster, et al., No. CIV 07-352 (D.N.M. May 29, 2007).
|
|
|
June 2007 - The current focus on environmental issues is creating some innovative developments in the capital markets, such as "forest-backed" asset-backed securities (ABS) and emissions allowance collateralized debt obligations (CDOs). This article was reproduced with the kind permission of International Securitisation Report, June 2007
|
|
|
Mayer Brown Legal Update
29 May 2007 - On May 29, 2007, in ExxonMobil Oil Corp. v. Federal Energy Regulatory Commission, No. 04-1102, the United States Court of Appeals for the District of Columbia Circuit resolved a long-contested issue regarding the Federal Energy Regulatory Commission's (FERC) income tax allowance (ITA) policy for pipelines operating as limited partnerships. In particular, the Court determined that FERC's decision to allow SFPP, L.P. an ITA on all of its partnership interests, to the extent the owners of such interests incurred actual or potential tax liability, was neither arbitrary nor capricious.
|
|
|
Mayer Brown Newsletter
18 May 2007 - A Federal Trade Commission complaint seeking to enjoin the merger of public utility companies was dismissed by a federal district court in Pittsburgh on the ground that the state action doctrine barred the FTC's antitrust claims. Federal Trade Comm'n v. Equitable Resources, Inc., et. al., Case 2:07-cv-00490-AJS (W.D. Pa., May 14, 2007). The dismissal is the third failed action in a row brought by the federal antitrust agencies to enjoin mergers. The court's decision provides valuable guidance on a key defense to federal challenges to a merger brought by public utilities.
|
|
|
May 2007 - The Supreme Court's April 2 decision in Massachusetts v. EPA, (No. 05-1120), has been hailed by some as the most important environmental law decision of the decade. In Massachusetts, the Court held that the Clean Air Act's definition of the term "air pollutant" is broad enough to encompass greenhouse gases (GHG) such as CO2, and that the EPA must therefore regulate such emissions if it finds that they are a threat to public health or welfare.
|
|
|
Mayer Brown Newsletter
16 April 2007 - With about 300 lawyers working on energy matters, Mayer, Brown, Rowe & Maw LLP has the experience and depth to deal with increasing globalization, the firm said.
|
News Release
19 April 2007
|
Mayer, Brown, Rowe & Maw LLP
20 April 2007 - The Office of Fair Trading ("OFT") has finally and unconditionally closed its case against the London Metal Exchange ("LME"), the world's premier non-ferrous metals market. Mayer, Brown, Rowe & Maw LLP successfully advised the LME, after a complaint to the OFT of predatory pricing and margin squeezing by the Spectron Group plc.
|
|
|
10 April 2007 - Recent activity on Capital Hill reflects a convergence of events that may result in increased scrutiny of energy markets.
|
|
|
October 2006 - The problem: Projects abroad face foreign government interference. With oil and gas and other raw materials fetching record prices, it is not surprising that government interference with foreign investments in those sectors continues to rise.
|
Newsletter
9 February 2007
|
Mayer Brown Newsletter
9 February 2007 - The Energy Policy Act of 2005 (EPAct) significantly expanded the Federal Energy Regulatory Commission's (FERC) power to enforce the Federal Power Act (FPA), the Natural Gas Act (NGA), and the Natural Gas Policy Act (NGPA), and the rules, regulations and orders promulgated thereunder. Specifically, EPAct gave FERC the "teeth" it needs to enforce the statutes it administers by increasing the civil penalties that it may impose on a regulated company from a maximum of $10,000 per day to a maximum of $1,000,000 per day. See 16 USCA § 825o-1; 15 USCA § 717t-1; and 15 USCA § 3414.
|
|
|
January 2007 - In keeping with its historical role as an environmental trendsetter, California has become the first state in the nation to mandate comprehensive reductions in greenhouse gas (GHG) emissions and take specific steps to reduce directly the amount of carbon emitted into the atmosphere from fuels and manufacturing facilities. And, it is anticipated that the federal government will adopt a similar but perhaps less ambitious program in the not too distant future.
|