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Inflation Reduction Act
Dropping Anchor: Parent company liability and the English Courts
Since 2015, three cases have gradually been making their way through the English appeal courts: Lungowe v Vedanta Resources Plc ; [1] Okpabi v Royal Dutch Shell ; [2] and AAA & Ors v Unilever . [3] To quote the...
Pipeline Safety Settlements: Time to Take a Page from Hazmat?
With an increased interest in the resolving disputes efficiently and avoiding litigation where possible, the time may be right for the Pipeline and Hazardous Materials Safety Administration (PHMSA) to clarify the process for settlement of pipeline safety compliance issues, whether...
Obligations of Good Faith in JOAs - The Impact of Recent Decisions on 'Relational Contracts'
In the international upstream oil and gas exploration and production industry, joint operating agreements (“JOAs”) are the key agreements which govern the terms upon which oil and gas companies regulate their upstream joint ventures. JOAs often provide for sharing costs...
Growing Complexity of ECA Financing
Project sponsors seeking to develop large-scale infrastructure projects have faced a variety of challenges over the last decade. Project sponsors have long sought to combine financial products from a diverse pool of private and public sector creditors; over the years...
Executive Order Impact on 401 Water Quality Certification Appears Limited
President Trump recently issued two much anticipated Executive Orders aimed to streamline the permitting of U.S. energy infrastructure. One Executive Order (EO) focuses primarily on Clean Water Act (CWA) state issued water quality certifications and associated EPA guidance and regulations...
New Executive Order Attempts to Streamline Presidential Permits
The White House issued a new Executive Order (EO) on April 10, 2019 intended to ‘revise the process for the development and issuance of Presidential Permits’ for certain cross border energy infrastructure. The EO limits the opportunity and timeframe for...
A Practical Guide for Multistate Employers on Managing the Growing Patchwork of Marijuana Laws
Many employers, especially those operating in a number of different states, are troubled with how to effectively cope with new and widely varying state marijuana laws. Not only are the state laws that authorize medical or recreational marijuana use proliferating...
Recent Executive Order Extends Beyond Section 401 Water Quality Certifications
The Executive Order (EO) “ Promoting Energy Infrastructure and Economic Growth ,” issued by the White House on April 10, 2019 has primarily been heralded as an effort to prevent states from blocking pipelines under their Clean Water Act Section...
Texas Supreme Court Expands Upon the Rights of Oil and Gas Producers to Deduct Post-Production Costs in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC
To the relief of oil and gas producers, the Texas Supreme Court ruled on March 1, 2019, in Burlington Resources Oil & Gas Company, L.P. v. Texas Crude Energy, LLC (No. 17-0266), that post-production costs were rightfully deducted when calculating...
Distribution Pipelines and Increased Penalties Feature in Senate Pipeline Safety Bill
In advance of a Senate Commerce Committee Hearing on reauthorization of the Pipeline Safety Act , Senators Markey, Warren, and Blumenthal announced legislation to address distribution pipelines and risks associated with the September 2018 Merrimack Valley incident. The Leonel Rondon...
Congress Turns its Attention to Pipeline Safety Act Reauthorization
The first Congressional Hearing on Pipeline Safety Act Reauthorization for 2019 was held this week before the House Transportation and Infrastructure Committee. The Hearing did not have as much drama as last summer’s Hearing before the same Committee, where PHMSA...
Best Practices for Agency Communications
Environmental professionals and attorneys are in constant contact with state and federal regulators, in a variety of contexts – regulatory advocacy, permitting, responding to investigations, and enforcement defense. Join representatives of Bracewell’s Environmental Strategies and Policy Resolution Groups for a...
Oil & Gas Deal-Doing in Mexico: Current Trends & Future Prospects
Manuel Vera, Jeffery B. Vaden, Darren Spalding and Adam Blythe of Bracewell, and Manuel Cervantes of MCM Abogados discuss deal trends in Mexico and the future of the oil and gas market...
SEC Adopts Amendments to Modernize and Simplify Disclosure Requirements
The Securities and Exchange Commission has adopted final rules amending Regulation S-K and certain other rules and forms to modernize and simplify disclosure requirements. Among other matters, the amendments reduce and clarify the disclosures required in management’s discussion and analysis...
Federal and State Infrastructure Projects in Mexico
Members of Bracewell’s Project Finance team recently visited financial institutions, consulting firms and law firms in Mexico City to gain a better understanding of the current trends related to infrastructure development and project finance in Mexico. Below is a summary...