Energy

Expert Analysis

• Climate Law Brings Challenges For NYC Co-Ops And Condos

  

  New York City's Climate Mobilization Act leaves several unanswered questions for co-ops and condos, such as what will happen to buildings with rent-regulated units, how buildings will pay for compliance costs, and how building owners will divide CMA responsibilities with tenants, says William McCracken of Ganfer Shore.

• Ohio Tax Talk: Taking Advantage Of Sustainability Incentives

  

  The state of Ohio is using its tax code and other financial incentives to promote sustainable business investment — which should be of interest to businesses facing pressure from regulators, investors and customers to focus on environmental impacts, say attorneys at Frost Brown.

• NY State Flexes Muscles With Energy Service Co. Restrictions

  

  The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• What's Changed And What's The Same In Final CFIUS Rules

  

  The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

• Energy Cos. Face China State Secrecy Law Risks

  

  Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

• White House NEPA Overhaul Likely To Face Legal Challenges

  

  The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

• Liquefied Natural Gas: A Power Solution For Isolated Markets

  

  A survey of recent liquefied natural gas power projects demonstrates that they are an excellent solution for reducing the carbon footprint of electricty generation activities in isolated markets, say David Lang and Carli Gish of King & Spalding.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• 5th Circ. Ultra Petroleum Ruling Poses Key Debtor Question

  

  Given the legal and economic significance of what constitutes a claim for "unmatured interest" following the recent Fifth Circuit decision in Ultra Petroleum v. Ad Hoc Committee of Unsecured Creditors, debtors and creditors around the country will likely watch closely how the Southern District of Texas bankruptcy court addresses the issue on remand, say attorneys at Mayer Brown.

• Deciphering Tribunals' Practice In Investor-State Arbitration

  

  Our recent study of 114 publicly available decisions on provisional measures in investor-state proceedings reveals key trends in arbitration tribunal jurisprudence, say David Goldberg and Ivan Philippov of White & Case, and professor Yarik Kryvoi of the British Institute of International and Comparative Law.

• Policy Push Yields Mixed Results For Biofuels Sector

  

  Policymakers delivered a mixed bag to the biofuels industry at the end of 2019, with both a law retroactively extending the biodiesel and renewable diesel credit, and guidance from the U.S. Environmental Protection Agency that could undercut the biofuels market, say Brandon Kirkham and Joshua Andrews of Faegre Baker Daniels Consulting.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• The EPA's Most Significant Actions Of 2019

  

  The U.S. Environmental Protection Agency repealed and replaced Obama-era rulemakings on energy and water in 2019, indicating a continued focus on deregulation, but also proposed new regulations on per- and polyfluoroalkyl substances, say Carol McCabe and Zachary Koslap of Manko Gold.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.