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Practice Industry: Energy & Natural Resources, Environmental, Transportation
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MinterEllison | February 2015

Recent publicity surrounding the exclusion or divestiture of stocks in carbon-intensive industries shows that leading investors are reviewing the financial risks (and opportunities) associated with climate change. However, with debate on climate change often pitched around ideological poles, many superannuation fund trustees are struggling to translate these developments into prudent governance practice, consistent with their statutory and general law duties ...

Last January 14, the Communications and Transportation Ministry published the prequalification rules pertaining the international open tender number PO-009000988-N1-2015 awarding the construction of a high speed train project that will run  in the route Mexico, D.F. - Santiago de Querétaro, Querétaro, including the definitive executive program, construction, supply, set up and extended testing of a railway track, rolling stock, equipment, systems and other components ...

Dykema | January 2015

Self-driving cars are still years away, but technological advances are making vehicles safer and more personalized right now. Here’s what that means for the industry. If you’re on the streets of Northern California in the next few months, you might pass a tiny car that looks like a smiling kid’s toy. It may be cute or creepy, depending on your perspective, but to some it’s a vision of the future: a Google-made, self-driven car ...

Haynes and Boone, LLP | January 2015

On December 20, 2013 it was published in the Official Daily of the Federation the Executive Order that amends and adds various provisions of the Political Constitution of the United Mexican States, in the Area of Energy ...

Haynes and Boone, LLP | January 2015

The Brazilian Ministry for Mines and Energy has issued Ordinance No. 653, which outlines the procedures for the A-5 Power Bid to be held on April 30, 2015. The bid will auction Regulated Market Energy Commercialization Contracts (CCEAR) to be negotiated on two fronts: (i) Quantity for hydroelectric power plants, and (ii) Availability for coal-fired plants, natural gas-fired combined cycle plants and biomass ...

Haynes and Boone, LLP | January 2015

Oil markets have fallen significantly since the latest round of borrowing base redeterminations in September and October. The next scheduled round of redeterminations is set for March. Expectations are that there will be substantial downward pressure on producers’ borrowing bases. Some reductions could trigger mandatory principal amortization which would have serious consequences for highly leveraged oil and gas companies ...

Krogerus | January 2015

Policy & Law: What is the government policy and legislative framework for the electricity sector? Securing energy supply, competitive energy prices and meeting the European Union’s common energy and climate goals are core elements of policy in the Finnish electricity sector ...

Haynes and Boone, LLP | December 2014

As part of the implementation of the Energy Reform, the Mexican Government has selected certain areas and fields out of Round One which will be tendered for private industry participation in hydrocarbon exploration and production projects. Round One comprises 109 blocks for exploration and 60 blocks for production, and includes new areas of different sizes and types of resources, including: (i) deep-water; (ii) shallow-water; and (iii) on-shore fields ...

Shoosmiths LLP | December 2014

In recent weeks the US Department of Justice and U.S. Environmental Protection Agency announced a substantial settlement with the car manufactures Hyundai and Kia. The car manufacturers agreed to pay $100 million penalty as a settlement, arising from a complaint that the car companies sold nearly 1 ...

Haynes and Boone, LLP | December 2014

Action: The Bureau of Ocean Energy Management has issued a final rule increasing the limit of liability for damages under the Oil Pollution Act to $133.65 million. BOEM’s Final Rule: On December 12, 2014, the Bureau of Ocean Energy Management (BOEM) issued a final rule that, effective January 12, 2015, will increase from $75 million to $133 ...

Lawson Lundell LLP | December 2014

On December 2, 2014, the Yukon Supreme Court struck down the Yukon government’s Peel watershed regional land use plan because of the government’s failure to follow the process for developing that plan under final agreements (modern treaties) with the Na-Cho Nyak Dun, Tr’ondek Hwech’in and Vuntut Gwichin First Nations ...

Plesner | December 2014

It has long been known that Greenland possesses vast amounts of mineral resources. But due to climate changes, resulting in a rapid meltdown of ice caps in the Arctic regions, it is now getting easier to discover and exploit the mineral resources. The costs of exploring and exploiting minerals continue to decrease, and many experts believe that Greenland will become the next frontier within the mining industry ...

Haynes and Boone, LLP | November 2014

Offsite drilling is becoming increasing prevalent in the Eagle Ford Shale in Texas. Consequently, many in the industry were closely following a dispute between two neighboring operators in the Eagle Ford Shale area in which one operator opposed a neighboring operator’s plans to use offsite drilling. On October 29, 2014, the San Antonio Court of Appeals ruled that the plaintiff lease owner, Lightning Oil Co ...

Haynes and Boone, LLP | November 2014

On October 31, 2014, the U.S. Environmental Protection Agency (EPA) finalized its approval for the State of Texas to issue greenhouse gas (GHG) permits for new and modified facilities. In response to legislation enacted in the 2013 Texas Legislative session, the Texas Commission on Environmental Quality (TCEQ) had submitted a state implementation plan to replace the existing federal program with TCEQ-issued GHG permits ...

Haynes and Boone, LLP | October 2014

More than 30 earthquakes jolted the area in and around the City of Azle, Texas - 20 miles north of Fort Worth - last November through January. In response to citizen concerns, the Texas House Committee on Energy Resources created a Subcommittee on Seismic Activity, to investigate whether there was a link between earthquakes and increased oil and gas production and disposal wells ...

Lawson Lundell LLP | October 2014

In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act ...

Veirano Advogados | October 2014

Environmental laws should not be understood as a limit to economic growth and development but as a crucial part of economy: the wise use of natural resources means greater benefit from raw materials and lower costs for inputs. At the same time, the quality of life for Brazilian citizens should be enhanced by an effective program of environmental sustainability ...

Haynes and Boone, LLP | October 2014

The Bureau of Safety and Environmental Enforcement (“BSEE”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) on September 24, 2014 seeking comments on improving safety for operations related to helicopters, helidecks and aviation fuel systems on fixed offshore facilities. Comments on the ANPR are due November 24, 2014. The ANPR was issued just days after BSEE and the U.S ...

Based on a recent decision in West Virginia’s 3rd Judicial Circuit, which includes Doddridge, Pleasants and Ritchie counties, the use of litigation in the form of partition suits may be more problematic than it otherwise has been for oil and gas operators attempting to acquire property interests to create efficient drilling units for their planned wells. The Court’s decision (described below) denied a mineral interest owner’s request to partition by sale under W. Va. Code § 37-4-1 et seq ...

Haynes and Boone, LLP | September 2014

Despite diminishing enforcement budgets for state and federal agencies, a combination of technological and regulatory developments could significantly increase risk of enforcement activity in coming months and years. In particular, EPA is actively pursuing three key enforcement initiatives that will boost the likelihood that companies will face enforcement actions under the Clean Air Act ...

Brigard Urrutia | September 2014

The Law 1450 of 2011 by means of which it was issued the National Development Plan for the period 2011-2014 provided in its article 112 the creation of a Single Registry of Marketers of Minerals ("RUCOM" by its acronyms in Spanish), which is managed by the National Mining Agency ("ANM" by its acronyms in Spanish) in order to control the marketing of minerals in Colombia ...

This morning, the West Virginia Department of Environmental Protection (“DEP”) filed a proposed interpretive rule (the “Interpretive Rule”) with the West Virginia Secretary of State’s office implementing, in part, the recent Aboveground Storage Tank Act (the “AST Act”), which was enacted in response to the January 9, 2014 event that contaminated the water supply of approximately 300,000 West Virginia residents across nine counties ...

Plesner | September 2014

Those who build wind turbines are obliged to compensate their neighbours for noise pollution, visual interference and other disadvantages of the turbines. The issue of compensation is usually settled before the wind turbines are erected, and the amount does not necessarily reflect the actual noise levels or indeed the reductions in property value that usually accompany the erection of the turbines ...

Wardynski & Partners | August 2014

The Polish Parliament is working on a bill known as the “Landscape Act,” which is intended to introduce effective mechanisms for protecting the landscape. But an unintended consequence could be to block the construction of aerial masts, power lines and wind turbines, rather than merely regulate their location. The Sejm is currently working on a bill proposed by the President of Poland entitled the Act Amending Certain Acts to Strengthen Tools for Protection of the Landscape ...

Haynes and Boone, LLP | August 2014

Action: On August 20, 2014, the Bureau of Ocean Energy Management (BOEM) issued an Advance Notice of Proposed Rulemaking (ANPR) on Risk Management, Financial Assurance and Loss Prevention.1 In a news release announcing the ANPR, BOEM described the ANPR as instituting a “dialogue” with industry and others on how to improve its risk management program by “modernizing” its current regulations, which are approximately 20 years old.Comments on the ANPR are due October 20, 2014 ...

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