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HTMLFederal Court Rejects “Stacking” Consecutive Insurance Policies But Applies Highest Coverage Limit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
The Insured operated a New Mexico brine well facility involved in solution mining of salt from brine water from 1995 to 2008. In a state court lawsuit, a neighboring property owner sued the Insured for property damage caused by the mining operation (specifically, damages caused when the roof of the...

 

HTMLNRECA Urges FERC to Limit EPA’s Clean Power Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 20, 2015
The National Rural Electric Cooperative Association (NRECA), a group representing over 900 private, not-for-profit electric cooperatives in the U.S., has urged the Federal Energy Regulatory Commission (FERC) to limit the impact of the U.S. Environmental Protection Agency’s (EPA) proposed...

 

HTMLCanadian Federal Government Proposes Accelerated Capital Cost Allowance for LNG Facilities
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 20, 2015
Canada’s federal government has proposed revised tax regulations that would increase the capital cost allowance (CCA) rate for equipment used in natural gas liquefaction from 8% to 30% and increase the CCA rate for buildings at a liquefaction facility from 6% to 10%. The proposed tax relief...

 

HTMLMandatory Clearing in Europe May Still Be “A Ways Off”: ESMA Responds to Proposed Amendments on Interest Rate Swaps Clearing RTS and Postpones Consideration of FX NDF Clearing
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
The Dodd-Frank Wall Street Reform and Consumer Protection Act’s mandatory clearing requirement for interest rate swaps and certain credit default swaps has been in place for quite some time. However, the clearing requirement for these and other types of swap transactions under the European...

 

HTMLOSHA Inspections Can Get Costly; Manufacturer Hit With $1.7 Million In Proposed Penalties
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
While inspecting an injury at a furniture manufacturing plant in Wisconsin, OSHA expanded its inspection to the full facility and identified 12 alleged willful, 12 repeated, and 14 serious safety violations that carry a $1.76 million proposed penalty. OSHA also placed the company in the Severe...

 

HTMLSempra Signs MOU to Develop Mexican Liquefaction Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 20, 2015
Sempra Energy has announced that its subsidiaries IEnova and Sempra LNG have signed a Memorandum of Understanding with a subsidiary of PEMEX, Mexico’s state-owned petroleum company, for cooperation and coordination in developing a natural gas liquefaction facility at the site of the existing...

 

HTMLSenator Asks OMB To Address CPC-1232 Tank Cars Following West Virginia Derailment
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
On Friday, Oregon Senator Ron Wyden sent a letter to the Office of Management and Budget regarding the safety of CPC-1232 tank cars used in transporting crude-by-rail. In response to last week’s train derailment in West Virginia, the Senator asked for the final rule to address the...

 

HTMLTCEQ Reassumes Texas Permitting Duties from EPA.
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 20, 2015
For the past two years, the U.S. Environmental Protection Agency (EPA) has handled permitting duties in Texas while the state has worked on implementing its own program. On Thursday the EPA issued its last federal greenhouse gas permit in Texas and transferred the remaining applications to the...

 

HTMLPrivilege Refresher From Illinois Federal Court
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 20, 2015
In almost any litigation, questions will surface about whether certain communications and documents are privileged and protected from discovery. One of the key roles that in-house counsel can cover is educating the company about the details of privilege law. To this end, it is helpful for in-house...

 

HTMLDeadline for Re-Affirming CPO and CTA Exemptions and Exclusions is Approaching
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
Any person claiming an exemption from commodity pool operator (CPO) registration, under CFTC Regulation 4.5, 4.13(a)(1), 4.13(a)(2), 4.13(a)(3) or 4.13(a)(5), or an exemption from commodity trading advisor (CTA) registration, under CFTC Regulation 4.14(a)(8), must affirm the notice of exemption or...

 


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