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Practice Industry: Energy & Natural Resources, Government & Public Sector
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Delphi | June 2012

The European Commission (“Commission”) issued on 8 May 2012 a communication, EU Modernization of the State Aid Rules, (COM(2012) 209 final), (“Communication”) to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ...

Delphi | June 2012

Several of the players which regularly participate in public procurements are aware of the extended right to make an application to the court to have procurement cases reviewed. Almost a year has passed since the Supreme Administrative Court extended the right for suppliers to appeal in procurement cases to encompass a greater range of situations ...

Haynes and Boone, LLP | June 2012

Recent technological innovations and advancements in drilling and completion techniques have led to an unprecedented expansion of natural gas production by large and midsize exploration and production companies. This expansion created competition for wild cat acreage as well as producing properties, putting lessors and co-owners (the “non-operators”) at a distinct advantage in negotiating the terms of leases, farmout agreements and joint operating agreements (“JOAs”) ...

Buying natural gas assets from financially distressed companies is an inherently risky proposition.  Even when an attractive prospect is identified, the purchaser has to overcome a number of issues such as clearing up title, including mechanic and materialman liens and getting assignments of contracts and lessor consents ...

Lavery Lawyers | May 2012

On January 3, 2012, the Ontario Superior Court ordered that Solid Gold Resources Corp. ("Solid Gold"), a junior mining exploration company, be enjoined from carrying on any further mineral exploration activity for 120 days on a parcel of land claimed by the Wahgoshig First Nation ("Wahgoshig") as its traditional territory ...

Makarim & Taira S. | May 2012

On 21 February 2012, the Government issued Government Regulation No 24/2012 on the amendment to Government Regulation No. 23/2010 on the Implementation of Mineral and Coal Mining Activities (“GR 24/2012”). Previously, under Government Regulation No. 23/2010 on the Implementation of Mineral and Coal Mining Activities (“GR 23/2010”), the divestment of foreign shareholdings amounting to at least 20% of total shares in mining companies was required ...

Earlier this month the new Scottish Information Commissioner (SIC), Rosemary Agnew, took up her position.  Since Kevin Dunion finished his second term at the end of February his Head of Enforcement, Margaret Keyse, was Acting Commissioner until Ms Agnew was able to take up her new post.  As you would expect the SIC’s team has carried on the work that Mr Dunion set in place but only time will tell what Ms Agnew’s approach to the role will be ...

North America -   Where does private equity find its energy? While the energy industry has always enjoyed the attention of investors and speculators alike, a confluence of global events has lead to an even greater focus on the industry and, in turn, is driving M&A activity globally ...

PLMJ | April 2012

On 29 March,the Ministerial Order No. 84/2012 that declared the Tribunal for Competition,Regulation and Supervision (“TCRS” or “Tribunal”) operational was finally published in the Official Journal. Said Ministerial Order constitutes the final phase of the legislative procedure initiated with Law No. 46/2011, of 24.6.2011, and further developed by Decree-Law No. 67/2012, of 20.3.2012 ...

Wardynski & Partners | April 2012

In the last issue we discussed the proposed new Energy Law. Now it is time to turn to the second element in the package of energy legislation presented in December 2011 by the Polish Ministry of Economy. The proposed Gas Law would regulate activity involving transmission, distribution, sale, storage, precipitation and regasification of natural gas. The greatest strength of the bill is to separate and clarify the regulations governing the gas sector ...

Carey | April 2012

International anti-corruption conventions to which international anti-corruption conventions is your country a signatory? Chile is a signatory to and has ratified the Inter-American Convention against Corruption, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the United Nations Convention against Corruption ...

Garrigues | April 2012

The Gap Between Revenues and Expenses in the Electricity and Gas Systems. The new legislation is contained in Royal Decree-Law  of March 30, 2012, transposing measures concerning domestic electricity, gas markets and electronic communications ...

Wardynski & Partners | April 2012

The proposed new Renewable Energy Sources Act would significantly change the system of support for electricity produced in Poland from renewable resources. If the bill is enacted, companies in the power industry in Poland will have to make major revisions to their business plans ...

With the spotlight recently cast upon it by the burgeoning Marcellus and other shale reserve developments, the oil and gas (“O&G”) industry has found itself increasingly the object of regulatory scrutiny ...

In the 2012 regular session of the West Virginia Legislature, several resolutions were passed with potential future impact on the shale gas industry. Below is a summary of those significant resolutions. Senate Concurrent Resolution No. 52 This resolution requests the Joint Committee on Government and Finance to study the viability of increasing severance tax rates on shale gas ...

Wardynski & Partners | March 2012

At the end of 2011 the Polish utility sector received a present from the government in the form of a long-awaited package of proposed energy legislation. How could it change the rules of the market? February was the deadline for public comment on a legislative package including the proposed new Energy Law, Gas Law and Renewable Energy Sources Act ...

On February 1, 2012, the West Virginia Department of Environmental Protection (“DEP”) and its Office of Oil and Gas (“OOG”) conducted what it named the “Natural Gas Horizontal Well Control Act Industry Workshop” at the Marriott Town Center in Charleston, West Virginia (“Workshop”). For those of you who may have missed all or a portion of the Workshop, the following is a summary of the presentations by the various DEP speakers ...

The Energy Act 2011 deals with securing energy supplies and the regulation of renewable energy resources.  It also sets out the framework to facilitate the "Green Deal" to be launched, with the support of secondary legislation this coming Spring.  The Green Deal offers “no upfront cost” in respect of the installation of energy saving measures ...

On February 21, 2012, in Anshutz Exploration Corp. v. Town of Dryden, a New York court upheld a municipality’s effort to restrict production of oil and natural gas within city limits. The case arose from the Town of Dryden’s effort to ban horizontal-well fracking by amending a zoning ordinance to prohibit all activities related to exploration for, production and storage of oil and natural gas. Anshutz challenged Dryden’s ordinance, arguing that it was preempted by state law ...

President Obama has renewed his proposal to cut over $40 billion in tax breaks for oil, gas and coal producers over the next decade in an attempt to spend more for alternate energy and conservation. The $3.8 trillion budget proposal represents a 29% increase in renewable energy funds in 2013, as compared to 2012 ...

Asters | February 2012

On 6 February 2012 the Cabinet of Ministers of Ukraine amended its Resolutions No. 1297 and No. 1298, dated 30 November 2011 (the "PSA Resolutions"), which determine tender terms for conclusion of production sharing agreements ("PSA") on exploration and production of hydrocarbons, in particular non-conventional gas, in Oles'ka and Yuzivs'ka subsoil blocks. These amendments (the "Amendments") are apparently made to address some of the foreign investors' concerns ...

Beccar Varela | February 2012

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Lavery Lawyers | January 2012

The Supreme Court of Canada confirms that only those modern practices that maintain a reasonable degree of continuity with the practices, customs or traditions that were integral to an Aboriginal group’s pre-contact dist inctive culture will be protected as an Aboriginal right under section 35 of the Constitution Act, 1982.  On November 10, 2011, in the case of Lax Kw’alaams Indian Band v ...

2011 saw steady increases of production throughout the Marcellus Shale play, a heavy emphasis on strengthening and expanding pipeline infrastructure, and a boom in the level of activity in the Utica Shale play ...

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