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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 ...

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 ...

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 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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Deacons | April 2012

In a Judgment handed down on 28 March 2012, Mr. Justice Hartmann JA determined various questions relating to legal professional privilege. The case involved Citic Pacific ...

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 ...

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 ...

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 ...

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 ...

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”) ...

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 ...

Delphi | June 2012

On the 10 May 2012, the Swedish parliament enacted a permanent exemption to the Swedish Public Procurement Act (2007:1091) (“LOU”) for the direct award of contracts to affiliated companies.[1]Parliament also decided to enact an option for municipalities and county councils to delegate the competence to make decisions in relation to public procurement procedures to central purchasing bodies ...

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 ...

Deacons | June 2012

On 20 June 2012, the Court of First Instance (in proceedings brought by the Securities and Futures Commission ("SFC")) ordered Hontex International Holdings Company Ltd ("Hontex") to make a repurchase offer to about 7,700 investors who had subscribed for Hontex shares in the initial public offering in December 2009 or purchased them in the secondary market during the 3 months after its shares were listed (by then the present action was taken by the SFC) ...

On June 11, 2012, Ohio Governor John Kasich signed Senate Bill 315 (“S.B. 315”) into law. S.B. 315 addresses a wide array of issues and substantially revises the sections of Revised Code 1509 and Revised Code 4906. S.B ...

The eyes of the UK water sector could soon be firmly focused on Ireland as the country is about to see huge changes in the running of its own water system. Ireland, currently the only country in the Organisation for Economic Co-operation and Development that doesn’t levy direct charges for domestic water consumption ...

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