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Secondary Market in UK Offshore Wind — Spinnakers Out
Article originally appeared on LexisNexis In the News The M&A secondary market for UK offshore wind assets is taking off. Despite the pandemic, 2020 saw significant transactions in the UK offshore wind market fill the pages of the financial press...
Scaling Platforms Needed in Africa
Originally published in Project Finance International, March 10, 2021 Introduction Africa is often touted as the land of opportunity for private equity. However, private equity players looking to deploy capital in the market require scale in order to achieve the...
FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs
On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC , 174 FERC ¶ 61,199 (2021) (“ Broadview 2021 ”). The...
FERC Refines DER Wholesale Market Participation Rules
On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an aggregator in FERC-jurisdictional Regional Transmission Organization...
FERC Delays Implementation of New MBR Database Reporting Requirements and Clarifies Obligation To Report Upstream Owners
NOTE: Since the original publication of this post, FERC has postponed the implementation of Order No. 860. Baseline filings into the new relational database are due on February 1, 2022. On March 18, 2021, in response to a petition seeking...
Winter 2021 Edition, NABL Column Federal Securities Law
Article originally appeared in The Bond Buyer. Transition Former SEC Chairman Jay Clayton’s last day at the SEC was December 23, 2020. [1] Commissioner Elad L. Roisman was designated Acting Chairman by then President Trump on December 23, 2020, effective...
Delaware Supreme Court Applies Delaware Law Even When Insured Is Headquartered Elsewhere
In a unanimous decision, the Delaware Supreme Court recently held that Delaware law applies to a D&O policy issued to a Delaware corporation, ruling that the place of incorporation outweighed other factors such as where the company is headquartered, where...
The Battle of the Bills Begins: Proposed Federal Data Privacy Legislation Aims to End Patchwork Problem But Increases Enforcement
After years of advocacy from both sides of the aisle and growing concerns about challenges created by state-based solutions, 2021 is poised to be a bellwether year for Congressional debate over federal data privacy regulation. On March 10th, Representative Suzan...
SEC Underscores ESG Disclosure and Compliance Priorities
Since announcing the creation of its Climate and ESG Task Force on March 4, 2021 , the Securities and Exchange Commission has continued to emphasize that environmental, social and governance (ESG) issues will take center stage disclosure and enforcement priorities...
The Bipartisan SCALE Act: Increasing Investments in CCUS
Today, March 17, 2021, a bipartisan group of legislators introduced groundbreaking legislation aimed at advancing investments in large-scale carbon capture, utilization, and storage (CCUS) projects. The Storing CO 2 and Lowering Emissions (SCALE) Act is cosponsored in the Senate by...
Environmental Enforcement: Adjusting to the New Administration's Approach
Transition to the new Administration brings significant change to the policy and regulatory landscape for environmental attorneys. Bracewell’s Environmental Strategies Group is here to keep you informed. Throughout the month of March, we will host a weekly series of 30-minute...
EU Mandatory Environmental and Human Rights Due Diligence Law – What You Need To Know
On Wednesday, March 10 th , the European Parliament voted by an overwhelming majority for the adoption of a binding EU law that requires companies to conduct environmental and human rights due diligence along their full value chain or face...
DOL Signals Plan to Embrace ESG Investing
On Wednesday, March 10, 2021, the Department of Labor announced that, pending further guidance, it will not enforce two recent regulations that many viewed as deterring retirement fund managers from socially conscious investing. 1 Wednesday’s statement likely foreshadows guidance or...
FOIA's Deliberative-Process Privilege and the ESA
The Supreme Court delivered its opinion in U.S. Fish & Wildlife Service v. Sierra Club on March 4, 2020 and held that agency documents that lack a legally operative effect are likely to qualify for the deliberative process exemption under...
Expectations for Offshore Wind Under the Biden Administration
President Joe Biden’s arrival at the White House in January was, as customary for any new executive branch leader, met by outsized expectations on the part of supporters and detractors alike. Among the countless areas of public policy set to...