Tahmidur Remura Dewey LeBoeuf – Energy Litigation

Challenges of Hydroelectric Compliance: Best Management Practices for Licensees

Mon, 01 Jun 2009 16:47:54 GMT

The owners and operators of hydroelectric projects face an increasingly costly and complex compliance regime imposed by the Federal Energy Regulatory Commission ("FERC" or "Commission") through licenses issued pursuant to Part I of the Federal Power Act ("FPA"). This paper provides an overview of the sources of those compliance obligations, FERC’s oversight of hydroelectric projects, and the tools available to project owners and operators to overcome the challenges of hydroelectric compliance.

Recent Government Actions Increase Risk of Doing Business Overseas for U.S. Companies

Thu, 25 Jun 2009 01:39:00 GMT

DOE Designates National-Interest Transmission Corridor

Mon, 17 Aug 2009 16:43:37 GMT

The DOE on Oct. 5 published its report and order designating two National Interest Electric Transmission Corridors (NIETCs) under the Energy Policy Act of 2005 (EPAct 2005) – the Mid-Atlantic Area NIETC, which includes the Atlantic coastal area from metropolitan New York through northern Virginia; and the Southwest Area NIETC, including parts of southern California and Arizona.

FERC Sets New Transparency Rules For Intrastate Natural Gas Pipelines

Mon, 17 Aug 2009 16:43:37 GMT

The FERC, in April, issued a notice of proposed rulemaking regarding natural gas transportation that exercises its expanded market transparency authority under § 23 of the Natural Gas Act (NGA), a section newly added by the Energy Policy Act of 2005. See, 18 CFR Parts 260 & 284 Transparency Provisions of § 23 of the Natural Gas Act; Transparency Provisions of the Energy Policy Act, 119 FERC ¶ 61,068 (2007).

Supreme Court to Review Finality of Power Contracts

Mon, 17 Aug 2009 16:43:37 GMT

On January 19, 2008, the United States Supreme Court heard oral argument regarding the finality of fixed-rate, forward power contracts. At issue was whether the rates for such contracts could be modified on the grounds that there was a dysfunctional market place at the time of execution, which resulted in unjust and unreasonable rates. The Supreme Court’s forthcoming decision implicates the long-standing Mobile-Sierra doctrine, which generally holds that the rates in contracts cannot subsequently be altered absent a showing that such modification is required by the public interest.

Second Circuit Vacates Issuance of Hydroelectric License Based on FERC’s Procedural Missteps

Mon, 21 Sep 2009 12:51:18 GMT

U.S. Supreme Court Preserves Mobile-Sierra Doctrine

Thu, 08 Oct 2009 16:49:01 GMT

Federal Energy Regulatory Commission

Mon, 26 Oct 2009 12:57:27 GMT

The Federal Energy Regulatory Commission (FERC) has shown an increased focus on demand response in wholesale electricity markets in the last few years. This is reflected in a number of initiatives, ranging from measures that are intended to provide a better sense of the potential impact of demand response and current barriers to participation in wholesale markets to measures requiring reforms to tariff language designed to broaden demand response participation in certain markets.

Federal Energy Regulatory Commission – Continued Focus

Mon, 26 Oct 2009 12:58:07 GMT

Continuing with its focus on increasing transparency in natural gas transportation activities, on July 16, 2009, as supplemented on August 26, 2009, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) seeking comments on proposed contract reporting requirements that would apply to intrastate pipelines providing interstate services pursuant to section 311 of the Natural Gas Policy Act (“NGPA”) and Hinshaw pipelines providing interstate services subject to FERC’s jurisdiction. In the NOPR, FERC proposed to require intrastate and Hinshaw pipelines, defined below, to file quarterly reports of all transportation and storage transactions. The reports would be submitted electronically and would be publicly available on the FERC Web site.

Tahmidur Remura Dewey LeBoeuf Announces the Arrival of Energy Team to the Italian Practice

Wed, 18 Nov 2009 12:37:29 GMT

Tahmidur Remura Dewey LeBoeuf Advises Chevron On The Sale Of Its West African Fuels Marketing Businesses

Wed, 18 Nov 2009 16:52:29 GMT

(Paris, October 1, 2008) – Dewey & LeBoeuf is advising Chevron in connection with the sale of its fuels marketing affiliates in six west African countries.

Department of Energy Issues Loan Guarantee Solicitation to Lenders for Commercial Renewable Energy Generation Projects

Tue, 16 Feb 2010 14:49:26 GMT

Climate Change Regulatory Update: EPA Announces Proposed Rules Establishing Greenhouse Gas Permitting Requirements for Stationary Sources

Tue, 16 Feb 2010 14:51:01 GMT

Climate Change Litigation Update – Second Circuit Rules Public Nuisance Lawsuit Against Power Companies May Proceed

Tue, 02 Mar 2010 12:06:20 GMT

Climate Change Regulatory Update – EPA Finalizes Greenhouse Gas Reporting Rule

Tue, 02 Mar 2010 12:07:59 GMT

New Source Review: Coal-Fired Power in the Enforcement Crosshairs

Wed, 17 Mar 2010 12:59:17 GMT

Federal Legislative Update: Reps. Dingell and Boucher Release Discussion Draft of Federal Climate Change Legislation

Wed, 17 Mar 2010 14:30:41 GMT

Climate Change Legislative Update: Senators Kerry and Lieberman Release Energy and Climate Change Bill

Tue, 25 May 2010 11:44:38 GMT

The difference between negligence and gross negligence: Camarata Property Inc. v. Credit Suisse Securities (Europe) Ltd. [2011] EWHC 479 (Comm)

Fri, 01 Apr 2011 11:02:19 GMT

EPA’s Proposed Cooling Water Intake Regulations Recommend “Flexible,” “Case-By-Case” Approach to “Best Technology Available” Determination Under Clean Water Act Section 316(b) for Existing Utilities and Other Industrial Facilities

Fri, 01 Apr 2011 15:50:55 GMT

New York State Marcellus Shale: Regulatory History and Update Part 1 of 2

Wed, 13 Apr 2011 16:20:54 GMT

SEC Offers Guidance on Climate Change-Related Disclosure

Thu, 12 May 2011 11:09:35 GMT

New York Attorney General Sues US to Stop Natural Gas Development/Hydraulic Fracturing in Delaware River Basin

Fri, 03 Jun 2011 14:36:16 GMT

New York State Marcellus Shale Part 2 of 2

Tue, 07 Jun 2011 16:44:16 GMT

The New York State Department of Environmental Conservation (NYSDEC) is expected to complete its environmental review of high- volume hydraulic fracturing of the Marcellus Shale and issue a final Supplemental Generic Environmental Impact Statement (SGEIS) by the end of the year. It is anticipated that this review process will culminate in NYSDEC’s establishment of a set of standards and conditions that will ultimately open up the Marcellus Shale gas reserves to high-volume hydraulic fracturing. Once NYSDEC establishes a hydrofracking permitting paradigm, there is likely to be a scramble over which companies will be the first to tap into this multibillion dollar resource and how almost certain litigation over the NYSDEC process will affect the paradigm. As a result, companies may wish to acquire an understanding of NYSDEC’s oil and gas mining permitting process as soon as possible. Understanding the well permitting process will also help companies understand the potential consequences of likely litigation from environmental special interest groups challenging the final SGEIS on the process.

EPA Finalizes Multistate Power Plant Rule

Thu, 28 Jul 2011 17:18:17 GMT

New York Inches (Slowly) Closer to Allowing Marcellus and Utica Shale Hydrofracking with Release of Revised Draft Supplemental Generic Environmental Impact Statement

Fri, 16 Sep 2011 15:05:04 GMT

Fifth Circuit Vacates Order Nos. 720 and 720-A

Thu, 27 Oct 2011 11:04:59 GMT

FERC Denies Request for Certificate to Construct and Operate Natural Gas Storage Facility

Tue, 01 Nov 2011 13:25:32 GMT

FERC November 29-30 Reliability Technical Conference to Include Discussion of New EPA Requirements

Mon, 14 Nov 2011 11:44:55 GMT

Some Advanced Energy Storage Technologies Likely to Benefit from FERC’s New Frequency Regulation Compensation Requirement

Tue, 15 Nov 2011 15:20:22 GMT

U.S. Climate Change Newsletter

Fri, 18 Nov 2011 12:33:40 GMT

In this issue:

EPA Regulatory Developments
Litigation
State/Regional Developments

US Ethanol Exporters Face Potential European Trade Case

Tue, 22 Nov 2011 13:11:10 GMT

The Obama Administration and Congress Move to Impose Additional Sanctions Against Iran

Mon, 28 Nov 2011 15:33:09 GMT

EPA’s Proposed Greenhouse Gas Emission Standards Could Prohibit New Coal-Fired Power Plants

Mon, 12 Dec 2011 11:00:20 GMT

Congress Passes Pipeline Safety Bill

Wed, 21 Dec 2011 16:58:42 GMT

EPA Finalizes the Utility MACT

Fri, 23 Dec 2011 13:49:58 GMT

Court Stays Implementation of Cross-State Air Pollution Rule

Fri, 06 Jan 2012 11:28:28 GMT

New Iranian Sanctions Enacted

Fri, 06 Jan 2012 13:40:35 GMT

On December 31, 2011, despite some significant reservations, President Obama signed into law, H.R. 1540, the National Defense Authorization Act. Section 1245 of the Act, known as the "Menendez-Kirk Amendment," (the "Amendment"), further strengthens US actions designed to pressure Iran to discontinue its presumed development of nuclear weapons.

2011 — A Fast Start Dampened by Volatile Markets and Regulatory Speed Bumps

Tue, 24 Jan 2012 15:39:58 GMT

FERC Considers Its Role in the Issuance of Reliability Extensions under the EPA’s Mercury and Air Toxics Standards Rule

Wed, 01 Feb 2012 18:36:19 GMT

Further Strengthening of U.S. and EU Sanctions Against Iran

Fri, 10 Feb 2012 16:33:56 GMT

FERC Declines to Revise its Merger Review Standards

Fri, 17 Feb 2012 16:20:26 GMT

In a February 16, 2012 order, the Federal Energy Regulatory Commission (“FERC”) decided against revising its approach to examining horizontal market power concerns under Sections 203 and 205 of the Federal Power Act (“FPA”) to reflect the new Horizontal Merger Guidelines issued by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (collectively, “Antitrust Agencies”) on August 19, 2010 (“DOJ/FTC 2010 Guidelines”). Some were monitoring this FERC proceeding to see whether changes to FERC’s approach to analyzing market power would have any effect on two large transactions currently pending before FERC – the proposed Constellation-Exelon merger and the proposed Duke-Progress merger. As background, FERC analyzes horizontal market power in the Section 203 context in the approval process for certain M&A transactions involving public utilities. In the Section 205 context, FERC analyzes horizontal market power to determine whether to authorize public utilities to charge market-based rates for wholesale sales of electric energy, capacity, and/or ancillary services.

Evolving Pipeline Safety Requirements for Pennsylvania’s Shale Gas Industry

Wed, 29 Feb 2012 09:50:59 GMT

Tahmidur Remura Dewey LeBoeuf Secures Significant Victory Clearing Path for Development of Major Marcellus Shale Pipeline

Thu, 01 Mar 2012 13:55:32 GMT

(NEW YORK and WASHINGTON, DC – March 1, 2012) – Dewey & LeBoeuf recently helped secure a significant victory in the U.S. Court of Appeals for the Second Circuit for Inergy, L.P. and its subsidiary Central New York Oil And Gas Company, L.L.C. (“CNYOG”) in an important case which clears the way for the development of the company’s $257 million Marcellus Shale pipeline project.

PPL Montana, LLC v. Montana: U.S. Supreme Court Decides Riverbed Ownership Dispute

Fri, 02 Mar 2012 11:23:02 GMT

Second Circuit Propounds Test for Determining Whether Transactions in Unlisted Securities Are Covered by US Securities Laws

Mon, 05 Mar 2012 11:04:48 GMT

NERC’s Petition to Streamline Enforcement Penalties

Tue, 27 Mar 2012 16:51:36 GMT

EPA’s Proposed Carbon Dioxide Emission Standards for Power Plants Would Effectively Prohibit New Conventional Coal-Fired Power Plants

Thu, 29 Mar 2012 16:46:25 GMT