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|Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results|
Terence T. Healey, Kenneth W. Irvin, Gregory K. Lawrence, Thomas Reid Millar; Cadwalader, Wickersham & Taft LLP;
October 22, 2014, previously published on September 24, 2014On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on the other, over whether to accept rates...
|Pennsylvania Superior Court Applies Doctrine of Estoppel by Deed in Oil and Gas Context|
James H. McCune; Bowles Rice LLP;
October 22, 2014, previously published on May 9, 2014The Pennsylvania Superior Court has applied the doctrine of "estoppel by deed" in a case involving the ownership and leasing of oil and gas.
|Ohio Decision Marks Victory for Oil and Gas Producers|
Robert L. Bays, J. Breckenridge Martin, J. Breton McNab; Bowles Rice LLP;
October 22, 2014, previously published on April 22, 2014In an action seeking declaratory judgment as to the leasehold rights for those formations below the Germantown Sand Formation (the "deep rights"), an Ohio court ruled that there was no breach of the implied covenant to reasonably develop or abandonment of the "deep rights" when...
|New MiFID I Consultation Paper Creates Further Challenges for Commodity Market Participants|
Assia Damianova, Doron F. Ezickson, Jonathan H. Flynn, Antoinette Maginness, Nick Shiren; Cadwalader, Wickersham & Taft LLP;
October 22, 2014, previously published on October 14, 2014On 29 September 2014, ESMA published a consultation paper (the Consultation Paper) seeking industry feedback for guidelines relating to certain commodity derivatives, namely those falling under C6 and C7 of Annex I of the Markets in Financial Instruments Directive (MiFID). One of the reasons for...
|First Criminal Prosecution for Spoofing: High Frequency Trading Firm Owner Indicted in Northern District of Illinois|
Jodi L. Avergun, Isabelle S. Corbett, Jonathan H. Flynn, Anthony M. Mansfield, Gregory George Mocek; Cadwalader, Wickersham & Taft LLP;
October 22, 2014, previously published on October 7, 2014On October 2, 2014, the U.S. Attorney for the Northern District of Illinois announced the indictment of Michael Coscia, the owner of Panther Energy Trading (“Panther”), for six counts of commodities fraud and six counts of spoofing. This indictment represents the first ever criminal...
|Two Studies Suggest Fracking Is Safe|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
October 18, 2014, previously published on October 15, 2014Hydraulic fracturing, or fracking, is loudly and frequently blamed for contaminating water supplies. However, a new study by the DOE casts doubt on these assertions while another study highlights the need for increased quality control in well casing and sealing.
|North Dakota PSC Accepting Comments on EPA’s Proposed CO2 Rules|
Sutherland Asbill Brennan LLP;
October 16, 2014, previously published on October 9, 2014The North Dakota Public Service Commission (ND PSC) is accepting comments from electric utilities, electric cooperatives and any other interested stakeholders regarding the proposed CO2 rules of the United States Environmental Protection Agency (EPA). The ND PSC will use the information it receives...
|Mexico's New Regulatory Framework for Oil and Gas: Transportation, Refining, Environmental, and Tax|
Jose A. Estandia, Mauricio E. Llamas C., William Prescott Mills, Alberto de la Parra Z.; Jones Day;
October 16, 2014, previously published on October 2014Under the new hydrocarbons legislation, the Comisión Reguladora de Energìa ("CRE," the National Energy Regulatory Commission of Mexico) will have jurisdiction over the transportation, storage, distribution, compression, liquefaction, and decompression of hydrocarbons,...
|North Carolina Coop’s Solar Farm to Provide Benefits to Members|
Sutherland Asbill Brennan LLP;
October 16, 2014, previously published on October 9, 2014Pee Dee Electric Cooperative has announced plans to install a 100-Kw community solar farm adjacent to its corporate headquarters. The solar farm will produce about 150,000-kWh of electricity annually, and members of Pee Dee Electric will be able to purchase individual panels and sell the power...
|Oil Companies in Angola Must Submit a Program|
Catharine Yen; Greenberg Traurig, LLP;
October 16, 2014, previously published on October 10, 2014In Angola, all companies in the oil industry are required to file an annual program contract and human resources development plan by October 31, 2014. The program contract and human resources development plan should show how the company is taking steps towards including more Angola workers in their...