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Inflation Reduction Act
EPA and Army Say they are Staying in the Comfort Zone with the Proposed Revision to the Definition of "Waters of the United States"
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water Act (CWA). Public...
ESG Regulatory Landscape Creates Commercial Pitfalls
With Environmental, Social and Governance (ESG) issues top of mind in almost every industry, including at the recently concluded COP26 climate change conference in Glasgow, the burgeoning US regulatory landscape and accompanying litigation trends are giving rise to a variety...
Infrastructure Investment and Jobs Act: Accelerating the Deployment of Hydrogen
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (commonly known as the Bipartisan Infrastructure Framework (BIF). The overall package is worth $1 trillion, and advances much of President Biden’s economic agenda, ranging from...
Dispute Resolution in the Oil and Gas Sector: Q&A
Bracewell’s John Gilbert offers a Q&A guide to dispute resolution in the oil and gas industry. This Q&A gives a high-level overview of the typical types of claims in the sector, who the parties to a dispute tend to be...
A Bright Spot in the Solar Market: Commerce Rejects Anonymous Petitions Requesting Anti-Circumvention Investigation and Tariffs
The U.S. Department of Commerce this week declined to launch an investigation into alleged circumvention of anti-dumping and countervailing duties (AD/CVD) by Chinese solar panel companies. The decision was a response to a petition filed with the agency on August...
U.S. Supreme Court Denies Review of Challenge to Equitable Mootness Doctrine
In a decision that will likely impact bankruptcy proceedings around the country, the Supreme Court recently denied the petition for writ of certiorari of David Hargreaves, which challenged the equitable mootness doctrine. 1 As a result, the concept of equitable...
Reeves County District Court Rules in Favor of Oil & Gas Operator in Produced Water Dispute
On November 2, 2021, the Reeves County, Texas, District Court held in COG Operating LLC (“COG”) vs. Cactus Water Services, LLC et al. (“Cactus”) that COG, the oil & gas operator, (1) owns, among other things, the products contained in...
Africa’s Infrastructure Paradox: Transmission Infra in Ghana
Introduction Africa’s infrastructure needs – including road, rail, ports, transmission and power – are considerable, and will become increasingly pronounced on account of the continent’s need for such infrastructure to support its social and economic growth. It is estimated that...
SLLs – Greenwash or Not?
The issue of climate change and sustainability has become an existential question for hydrocarbon companies with climate change and ESG pressures severely impacting access to capital for independent E&P companies. The global pandemic has unquestionably accelerated the energy transition and...
Financing ESCO Energy Efficiency Projects
The project financing of energy efficiency projects is gaining traction, fueled in part by the embrace by the business community – including lenders – of sustainability policies and the adoption of environmental, social and governance (ESG) standards and goals as...
Decree No. 34 of 2021 Concerning the Dubai International Arbitration Centre Impacting DIFC-LCIA Arbitration – Update
Described as aggressive yet progressive, on 14 September 2021, Sheikh Mohammed bin Rashid Al Maktoum, Ruler of Dubai, issued Decree No. 34 of 2021 (the “ Decree ”), accompanied by the Statute of Dubai International Arbitration Centre (the “ Statute...
Public Private Partnerships: Overview
Even though there is no unanimously recognised definition of a public-private partnership (PPP or P3), global market participants normally use these this term and its two acronyms to refer to a specialised model of project delivery where a governmental institution...
Public Private Partnerships: USA
General PPP Framework: USA Overview How has the concept of public-private partnership (PPP) developed in your jurisdiction? What types of transactions are permitted and commonly used in your jurisdiction? The integrated delivery model recognised as PPP is a relatively recent...
ICLG: UK Renewable Energy Law and Regulations 2022
United Kingdom 1. Overview of the Renewable Energy Sector 1.1 What is the basis of renewable energy policy and regulation in this jurisdiction and is there a statutory definition of ‘renewable energy’, ‘clean energy’ or equivalent terminology? The Promotion of...
Compliance Take Heed: CFTC Fines Tyson Foods $1.5 Million for Position Limits, Reporting, and Record Keeping Violations
On August 13, 2021, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved a settlement to resolve allegations that Tyson Foods, Inc. (“Tyson”) exceeded the CFTC’s position limits for soybean meal futures contracts and failed to comply with related reporting...