According to the Mexican Constitution (the "Constitution"), the Nation has direct ownership of subsoil, as well as the exclusive right to develop and use petroleum and gas. Therefore, private ownership of hydrocarbons is forbidden and ownership of reserves of petroleum and gas belongs to the Nation.As a result, the Nation may not grant oil exploration and user rights to private entities ...
Law No. 20,500 about Associations and Community Participation in Public Management was published on the Official Gazette on February 16th, 2011, and it is a great progress in order to materialize the right of free association and the participatory principle, both established in the Chilean Political Constitution ...
While water resource management can, ironically, be one of the driest of topics in mixed company, thefuture supply of fresh water is becoming an increasingly critical global issue. This week experts from around the globe are converging on Dundeefor an international conference, discussing security and sustainability issues around water ...
The aim of the recent freedom of information (FOI) reforms was to encourage a pro-disclosure culture, and to provide additional assistance and guidance to both the applicant and agencies in processing FOI requests. However, since the commencement of those reforms, maintaining the balance between the philosophy and the practical operation of the FOI Act has presented challenges for agencies in meeting their statutory FOI obligations ...
Chile Rafael Vergara and Juan Francisco Mackenna Carey y Cía Ltda Mining industry Carey | September 2011
New regulations on Air Pollution and Primary Standard on breathable particulate matter PM2.5 emision standard for thermoelectric power plants. One of the most groundbreaking legal innovations that have occurred during 2011 is the enactment of the regulation that contains the Primary Standard on Fine Inhalable Particulate Matter PM 2.5 and the Emission Standard for Thermoelectric Power Plants. Both regulations will enter into force on January the 1st of 2012 ...
The 2011 Texas Legislature adopted broad changes to eminent domain laws that take effect on September 1, 2011. Under the new law, public and private entities that hold condemnation power face important new requirements and deadlines ...
The government has recently published a consultation document seeking views in relation to its proposals for business rate retention ("BRR") in England and options for enabling local authorities to carry out Tax Increment Financing ("TIF") within the business rates retention system. The business rates consultation may interest developers, the public sector and those involved in renewables or regeneration, particularly those considering Tax Increment Financed projects ...
In an Order entered on June 14, 2011, the Pennsylvania Public Utility Commission ("PUC") remanded to the administrative law judge a request for a Certificate of Public Convenience filed by Laser Northeast Gathering Company, LLC ("Laser") to act as a "public utility" within the Commonwealth of Pennsylvania. With the order, however, the PUC did find that Laser may be subject to PUC jurisidction ...
On July 22, 2011, Pennsylvania Governor Tom Corbett’s Marcellus Shale Advisory Commission in Harrisburg, Pa. forwarded to the Governor several recommendations to allow Pennsylvania to develop a comprehensive, strategic proposal for the responsible and environmentally sound development of the Marcellus Shale. Back in March 2011, the Governor created the Commission to address changes to the laws and rules for gas drilling in Pennsylvania ...
The long anticipated America Invents Act (the “Act”) was signed into law today. However, given that certain provisions of the Act are now in effect while others do not come online until March 16, 2013, innovating companies and individuals should consider the impact and timing of those provisions on their overall patent strategy. Below is a link to some practice pointers and strategic tips you may want to consider when operating under the Act ...
Is the Marcellus shale that underlies a significant part of western and central Pennsylvania itself a “mineral”? Is Marcellus shale gas the type of natural gas contemplated in prior Pennsylvania case law, or something different? Is the Marcellus shale similar to coal, so that whoever owns the shale owns the gas that is embedded in that shale? In reversing and remanding the decision by the Susquehanna County Court of Common Pleas, a three judge panel of the P
In a somewhat surprising turn of events in the question of potential Pennsylvania Public Utility Commission ("Pa. PUC" or "Commission") regulation over midstream Marcellus Shale development entities, on September 8, 2011, Laser Northeast Gathering Company, LLC ("Laser") petitioned the Pa. PUC to withdraw its pending application for Certificate of Public Convenience to act as Public Utility ...
Activists opposed to natural gas drilling are taking a unique approach in an attempt to ban hydraulic fracturing in Peters Township, which is located in Washington County, Pennsylvania. The Peters Township Marcellus Shale Awareness group is attempting to have township residents vote on a referendum that amends the home rule charter to ban hydraulic fracturing ...
As leases are negotiated, permits are filed and shales are fractured across America, energy companies encounter the public. Some of these interactions are direct, while others are through the actions of a contracted service provider or partner. Still, the vast majority of first impressions will be presented to the public through the lens of the media, whether traditional or social ...
President Obama recently sent to Congress proposed legislative language and analyses of his proposed deficit-reduction plan. Among the proposed legislative changes is a change to the formula used for calculating the cap on the amount that the federal government will reimburse federal contractors for executive compensation ...
Despite complying with conditions attached to planning permission for an onshore wind farm development, developers, landowners and operators may find themselves defending an action for nuisance if the noise from the wind turbines unreasonably interferes with the use of another's land ...
Canada is uniquely positioned to provide an abundance of secure and reliable energy. With conventional oil supply declining, the need for unconventional resources, like oil sands and shale gas, will increase. Alberta and British Columbia, Canada’s two western-most provinces, house the vast majority of Canada’s oil and natural gas deposits, making both provinces key players in the push to develop resources sufficient to meet growing energy demand in North America and beyond ...
Mining companies investing for the first time in Canada’s North may find the experience unlike any other. This holds true not only for foreign corporations, but also for companies familiar with mining in the Canadian south. This article provides an orientation around some of these unique challenges. Aboriginal groups and mining companies in the North – A multi-faceted relationship The relationship between Aboriginal groups and mining companies in Canada’s North has many facets ...
November 8, 2011- The Minister of Finance and Economic Development delivered his Budget Speech on the 4th of November 2011. The Budget aims at providing for innovative measures to support key economic sectors (such as ICT/BPO, Tourism, Financial Sector...) and new markets (renewable energies...). The Budget also provides for a National Resilience Plan to support the economy in a global economic downturn ...
The cost of energy—particularly the cost of electricity—comprises a significant portion of the total cost of production for industrial and manufacturing companies ...
I- Major Innovation - The new framework Law on Crude Oil Refining, Storage, Transport, Distribution and Trade of Petroleum Products was approved (“LCOR”) was enacted by Law no. 28/11, of 1 September 2011. This law was preceded by the Strategy for liberalisation of the fuel sector and the schedule for its implementation set forth in 2009 by means of the Council of Ministers’ Resolution no. 105/09, of 19 November ...
On November 8, 2011, three municipalities in western Pennsylvania put direct democracy to the test with referendums that would essentially ban natural gas drilling in their communities. Two of the referendums were overwhelmingly defeated while one succeeded with overwhelming support ...
The Joint Select Committee on Marcellus Shale (the “Committee”) reported a 121 page bill governing horizontal wells that utilize 210,000 gallons of water or more per month or that involve surface disturbance of 3 acres or more. The final version of the bill was posted to the West Virginia Legislature’s website on November 18, 2011 (the “Bill”) ...
