Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts ...
In their March 3, 2020 Law 360 article, our colleagues, Rob Patterson and Shu-Shu Wong, commented on the trend of certain buyers evaluating the feasibility of invoking force majeure as an excuse for not performing their purchase obligations under their liquefied natural gas long-term sale and purchase agreements (LNG SPAs) due to the COVID-19 outbreak ...
On 8 March 2020, Saudi Arabia initiated a price war with Russia which has caused a major fall in the price of oil. This is disastrous for an industry that had only just recently recovered from the 2014 crash and companies are now looking at how to best get through another difficult downturn ...
The power sector has responded rapidly to the Coronavirus pandemic by following Emergency Operations Plans, some of which specifically include responses to epidemics. The reliability of the grids across the United States have been maintained and power providers are necessary to the continued functioning of the country ...
Companies operating in the oil & gas industry in the UK can find the most up-to-date information and guidance relating to the on-going COVID-19 pandemic on the websites of Oil & Gas UK (“OGUK”), Step Change in Safety and the Health and Safety Executive (“HSE”), amongst others. OGUK & Step Change in Safety OGUK is continuing to publish the latest information and guidelines relating to COVID-19 on its website ...
The Supervisory Agency for Investment in Energy and Mining ("OSINERGMIN") and the Ministry of Energy and Mines ("MINEM") have carried out a series of pre-publications of draft regulations in the electricity and hydrocarbons sector, including: Minimum Power: on July 31, 2020, through OSINERGMIN Resolution No ...
The Energy Regulatory Commission (CRE) published an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until April 30, 2020. This resolution was published in the Federal Official Gazette on April 07, 2020. The administrative resolution A / 014/2020 published today amends CRE's prior resolution A / 010/2020 dated March 24, 2020 (which previously suspended all terms and proceedings from March 24 to April 17, 2020) ...
With most of the country working from home, many are wondering how to get their documents notarized. Thankfully, several states, including Texas, have authorized online notarization ceremonies. Under the new telecommunications statutes, individuals can have documents notarized from a healthy distance. Historically, Texas required both in-person notarization and the filing of the original notarized document, which precluded any possibility of a telecommuting notary ...
South Africa is a party to a number of international environmental agreements, including the UN Framework Convention on Climate Control (“UNFCCC”), 1992, the Kyoto Protocol, 1997 and the Paris Agreement. In terms of the Paris Agreement, governments have made a commitment to ensure that global average temperatures remain below 2°C above pre-industrial levels. For South Africa, a country that relies heavily on fossil fuels to generate energy, this is a mammoth task ...
Introduction: The new reality As a result of the sudden and dramatic fall in the oil price that had occurred between June 2014, when oil had been trading at prices of around US$115 per barrel of Brent crude, to January 2015 by which time it had fallen to around US$35 per barrel, I was prompted to prepare a “Guide for Contractors”. Parties in the offshore oil and gas sector, and in particular contractors in the industry, were facing turbulent and unpredictable times ...
The Ministry of Mines and Energy, through Resolution 40115 of 2020, extended until December 31, 2020 the delegation of the inspection function carried out by the department of Antioquia. On the other hand, the Secretary of Mines of Antioquia extended the suspension of some administrative actions until April 13, 2020 ...
On 31 March 2020, the Department of Environment, Forestry and Fisheries (“DEFF”) published directions (the “Directions”) under the National Disaster Management Act, 2002, to reduce the impact of the coronavirus (COVID-19). The purpose of the Directions is to ensure fair processes with respect to certain environmental laws, as a result of the restrictions placed on the movement of people during the lockdown period ...
The National Mining Agency ("ANM") and the National Hydrocarbons Agency ("ANH") published resolutions by means of which they extended the suspensions of some of their activities during the preventive isolation decreed by the National Government. First, the ANM published the Resolution No. 116 of 2020, by means of which it extended until April 12, the suspensions set forth in its Resolution 096 of 2020 ...
Many regulated entities are struggling to comply with certain environmental reporting, monitoring and settlement agreement requirements because of the impact of shelter in place orders, supply chain disruptions, and social distancing requirements relating to the COVID-19 pandemic response ...
The Public Utility Commission of Texas (PUCT or Commission) issued three orders on March 26, 2020, establishing a new COVID-19 Electricity Relief Program for residential customers and modifying certain regulatory requirements applicable to retail electric providers (REPs) and electric utilities, including transmission and distribution utilities (TDUs) ...
Temporary flexibility of the terms of adjustment of guarantees and the term to carry out audits to the Reliability Charge was defined. The Energy and Gas Regulation Commission, seeking to guarantee the proper provision of electric power service, decrees that the value of the guarantee in Article 31 of CREG Resolution 061 of 2007 will not be adjusted in the scenario presented in paragraph 2, numeral 3: 3 ...
ANH published an Addendum to the PPAA and the draft agreement on measures to strengthen the sector. The National Hydrocarbons Agency ("ANH") joins the emergency measures adopted by the National Government to face the health contingency due to the propagation of COVID-19 and the international fall in oil prices ...
The mining and energy sector, through its competent authorities, joins the National Government's contingency measures to prevent and mitigate the spread of COVID-19. The measures adopted correspond mainly to the suspension of specific activities that require on-site attention and the suspension of procedural terms for particular requirements and situations ...
A global public health emergency was declared by the World Health Organization on 30 January 2020 as a result of the spread of the new virus COVID-19. The virus was later classified as a pandemic on 11 March 2020. As a result, it is important guard against any negative impact of the events relating to COVID-19 on ongoing energy licensing processes and on the energy market as a whole, particularly in the light of Decree-Law 172/2006 of23 August (“DL 172/2006”) ...
The British government has adopted stringent measures to reduce the spread of the novel coronavirus effective from 23 March 2020[1], including a nationwide lockdown, closure of non-essential shops and public venues and mandatory social distancing. The general rule is that people should stay at home, but workers can travel to and from work if they cannot perform their work from home[2] ...
First and foremost, our collective priority is, and should remain, human health and safety. As local, state, and federal government take action to help limit the spread of COVID-19, we are monitoring the rapid developments of this fast-moving news cycle and COVID-19’s impacts on renewable energy markets. Many open questions remain regarding the impact of COVID-19 in North Carolina – particularly the impact on businesses ...
The CFTC recently published several no-action letters issuing temporary relief to certain market participants in response to the Coronavirus/COVID-19 outbreak, which was declared a pandemic by the World Health Organization on March 11, 2020 ...
COVID-19 and the sweeping government actions to curtail the effects of the virus have disrupted business activities across the globe, requiring businesses to carefully examine their existing contracts and in certain cases deliver important notices thereunder, such as notices of force majeure ...
The COVID-19 pandemic and the sweeping government action to curtail its effects across the globe has disrupted global supply chains and may continue to do so for quite some time. These constraints will strain project development timelines across the renewable energy industry ...
