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HTMLCanadian National Energy Board Considering 40-Year Gas Export Licenses
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 1, 2015, previously published on June 30, 2015
The Canadian National Energy Board (NEB) is seeking comments on proposed amendments to its regulations to create a new category of licenses that would permit the export of natural gas for a term not exceeding 40 years. The amendments would also amend the definition of “natural gas” to...

 

HTMLEPA Mercury Emissions Rule Blocked
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 1, 2015, previously published on June 30, 2015
The U.S. Supreme Court ruled against the EPA’s mercury and air toxins emissions rules which have been in effect since 2011. In a 5-4 decision, the Court held that the EPA acted “unreasonably” by foregoing a cost analysis when regulating emissions under the Clean Air Act.

 

HTMLInsurer Has Duty To Defend Even Though Insured Did Not Immediately Notify Insurer Of Underlying Lawsuit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 1, 2015, previously published on June 30, 2015
The United States sued Company A for discharging pollutants from an offshore platform in the Gulf of Mexico in February 2013 after giving notice to Company A of the alleged violations in March 2012. Company A failed to give notice to its insurer of the potential violations until September 2013...

 

HTMLSupreme Court Finds EPA Unreasonably Failed to Consider Costs When Regulating Power Plant Emissions
Jay Holloway, Emily L. Seidman, Liz Williamson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 30, 2015, previously published on June 29, 2015
Today the U.S. Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) improperly refused to consider costs when it decided to regulate mercury and other hazardous emissions. The EPA regulated power plant emissions via its Mercury and Air Toxics Standards (MATS) rule. The Supreme...

 

HTMLFound in Translation: Online Drop Shipment Facilitation Service Not Subject to New York Sales and Use Tax
Open Weaver Banks, Evan M. Hamme; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 30, 2015, previously published on June 29, 2015
The New York State Department of Taxation and Finance released an advisory opinion explaining how it will treat drop shipment facilitation services for sales and use tax purposes. The petitioner uses proprietary software to create an Internet-based “hub” through which a web-based...

 

HTMLDOE Authorizes Exports from Sabine Pass LNG Trains 5 and 6 to Non-FTA Nations
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 30, 2015, previously published on June 29, 2015
The U.S. Department of Energy (DOE) has issued a Final Opinion and Order authorizing Sabine Pass Liquefaction (SPL) to export over a 20-year period 503.3 Bcf/year of LNG from proposed liquefaction Trains 5 and 6 to be located at SPL’s export terminal under construction in Cameron Parish, La....

 

HTMLSoftware Training Not Subject to Indiana Sales and Use Tax
Andrew D. Appleby, Charles C. Capouet; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 30, 2015, previously published on June 29, 2015
The Indiana Department of Revenue found that software training is not subject to sales and use tax because it does not constitute tangible personal property. The Department audited the taxpayer and assessed additional use tax on its purchase of a software license agreement. Nearly half of the...

 

HTMLU.S. Trade and Development Agency Awards Grant to Study Panama Canal LNG Import Terminal
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 30, 2015, previously published on June 29, 2015
The U.S. Trade and Development Agency has awarded a grant to the Panama Canal Authority (ACP) to conduct a feasibility study related to the construction of an LNG import terminal and other LNG infrastructure at the Panama Canal. The study is intended to provide the ACP with options to take...

 

HTMLDowneast LNG Signs Agreement for Terminal Construction
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 29, 2015, previously published on June 26, 2015
The Bangor Daily News reports that Downeast LNG has signed an agreement with CB&I to construct Downeast LNG’s proposed import/export terminal near Robbinston, Maine. Downeast LNG’s project is currently in the pre-filing environmental review phase before FERC, and still needs to obtain...

 

HTMLProposed Prince Rupert LNG Regulations Published
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 29, 2015, previously published on June 26, 2015
The proposed "Port of Prince Rupert Liquefied Natural Gas Facilities Regulations" were recently published in the Canada Gazette. According to the Regulatory Impact Analysis, there are four LNG export terminals proposed for Prince Rupert, British Columbia (B.C.), and while the B.C. Oil and...

 


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