The business community as a whole can expect President Obama’s second term to be one of most intense periods of regulatory activity in nearly 40 years. But the health care, energy, and financial services industries will be the hardest hit. From law firm Venable: “Several themes will shape the regulatory process over the next four… Read more »
“At the same time the government approved [the Progress Energy Resources and Nexen] acquisitions of control by Asian-based SOEs, the Prime Minister announced important changes to Canada’s policy for reviewing investments in Canada by state-owned enterprises which clearly indicate that the rules of the game for SOE investment have changed.” (Osler) Earlier this month, Canada’s… Read more »
[Link: Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? - Bloomberg Law] The impending dissolution of Hostess Brands – maker of Twinkies, Ho Hos, and Wonder Bread – has captured headlines over the past few weeks. But Hostess’s story isn’t the only bankruptcy law news of relevance to Corporate America. For your reference:… Read more »
A cautionary tale kicks off this latest edition of Doing Business in China: Sixing Liu, a Chinese national with U.S. residency, was arrested and charged with export control violations when returning from a trip to China one year ago. From law firm Miller Canfield: “Liu allegedly took export-controlled technical data on military technology (Controlled Data)… Read more »
For your convenience, here’s a roundup of recent legal advisories on the broad topic of doing business in the European Union and its member countries: Rewards and Penalties in Bond Covenant Consent Solicitations Under English Law (Skadden, Arps, Slate, Meagher & Flom LLP): “Two recent cases decided in the English High Court provide contrasting views… Read more »
The Army Corps of Engineers is going on an alternative energy shopping spree. From law firm Wilson Sonsini: “On August 8, 2012, the U.S. Army Corps of Engineers, through its Engineering and Support Center, Huntsville, issued a Multiple-Award Task Order Request for Proposal (RFP) for $7 billion in total contract capacity to procure renewable energy… Read more »
“You win some, you lose some,” might be the motto these days at the Environmental Protection Agency, which has recently seen a legal win in Texas, a loss in the DC District Court, and an unfortunate data breach exposing the personal financial information of nearly 8,000 employees: “The Washington Business Journal published a report of… Read more »
Recently David Letterman pushed the fracking debate deeper into the primetime spotlight as he voiced strong concerns over hydraulic fracturing on his “Late Show” – summing up his feelings in two words: “We’re screwed.” Regardless of your position on this highly contentious topic, one thing is clear: today, there are numerous legal ramifications to fracking.… Read more »
For your reference, a roundup of commentary and analysis on recent regulatory and other activity at the Federal Energy Regulatory Commission (FERC). We will also be publishing a related roundup, on FERC Order Nos. 1000 and 1000-A, in the near future: FERC Votes to Issue Notice of Proposed Rulemaking to Adopt Revised Bulk Electric System… Read more »
For your reference, here’s a roundup of recent legal advisories on the broad topic of doing business in the European Union and its member countries: EU Internal Energy Market Legislation Not Fully in Force (King & Spalding) “The Electricity and Gas Directives of the EU’s Third Energy Package were required to be implemented in EU… Read more »
On April 17, 2012, the U.S. Environmental Protection Agency published its long-awaited new emission standards for the oil and gas industry. The rules represent the federal agency’s first attempt to regulate emissions that escape into the air during the hydraulic fracturing, or fracking, process. For your reference, five takeaways: 1. The EPA believes compliance will… Read more »
For your reference, here’s a roundup of commentary on recent legal developments in the renewable and alternative energy industry: Wind Power Offshore Wind Energy Development in Mid-Atlantic Moving Forward (Venable LLP) “Coinciding with the publication of the environmental assessment, [the Bureau of Ocean Energy Management (BOEM)] announced that it is soliciting statements of interest from… Read more »
We’re seeing interest in Pennsylvania’s Marcellus Shale bill, as recently enacted amendments to the state’s Oil and Gas Act are known. Designed to strengthen environmental protections, the legislation imposes additional reporting and operating burdens on natural gas producers in the state. For your reference, here’s quick roundup of key points addressed in the new law.… Read more »
From Cadwalader, Wickersham & Taft LLP, analysis of two recent judicial decisions in the long-standing Lago Agrio dispute between Chevron and plaintiffs in Ecuador suing the global energy company for environmental contamination. The first looks at an appellate decision in Ecuador that affirmed an $18 billion judgment against Chevron: “… we are not certain how… Read more »
Earlier this month, the Environmental Protection Agency released a draft study linking fracking, a controversial process of drilling for natural gas, to contaminated well water in Wyoming. It’s the first time the EPA has found any connection between the practice of hydraulic fracturing (aka ‘fracking’) and groundwater contamination, and the preliminary results of the study… Read more »
