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Inflation Reduction Act
MENA’s Potential First PF Energy Storage System
Following Jordan’s recent launch of a tender for an energy storage system, Bracewell’s Oliver Irwin take a closer look at what could be the first project finance energy storage system in the MENA region in an article published in Project...
Draft Pipeline Risk Modeling Report Issued for Public Comment
As part of its integrity management regulatory scheme, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting comments on a draft risk modeling report . In certain densely populated or environmentally sensitive areas, PHMSA integrity management rules require the...
Proposed Regulations on Immediate Expensing Provide Greater Clarity for the Energy Industry
On August 3, 2018, the IRS and Treasury Department released proposed regulations (the Proposed Regulations) that interpret and clarify the new bonus depreciation regime under the Tax Cuts and Jobs Act (TCJA). As discussed here in greater detail, the TCJA...
As LNG Permitting Delays Continue, PHMSA to Assist FERC
The liquified natural gas (LNG) export boom has strained the resources and technical expertise of the two federal agencies that oversee LNG facility siting, design, construction, and operation: FERC, (the Federal Energy Regulatory Commission) and PHMSA (the Pipeline and Hazardous...
Steel and Aluminum Tariffs: Time to Dust Off the Price Adjustment Clause?
The continued and controversial imposition of tariffs has not only resulted in global economic and political fallout but has also adversely affected contractual relationships for suppliers, manufacturers, contractors and project owners far downstream from the government. Whether you are the...
CEQ, FERC and the Courts: New Approaches to NEPA?
NEPA is again making major headlines, with more to come. CEQ’s advanced notice of rulemaking has opened the door to potentially significant changes to the venerable NEPA regulations. FERC’s notice seeking comments on revising its Certificate Policy Statement for interstate...
Does the Prevention doctrine thwart contractually allocated Concurrent Delay risk? The English Court of Appeal says not
Energy sector participants will be familiar with the law of physics that states energy is neither created nor destroyed but can be converted from one form into another. Fossil fuels in the ground contain chemical energy and air currents in...
IMPLIED TERMS: Fairness in hindsight is insufficient
The Court of Appeal’s judgment in Bou-Simon v BGC Brokers LLP [2018] EWCA Civ 1525 reaffirms the law on implied terms. The Court also offered some interesting non-binding views on the circumstances in which words deleted from a draft contract...
Proposed Revision to Class Location Requirements When Population Increases
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published an Advanced Notice of Proposed Rulemaking (ANPRM) requesting comments on existing requirements for gas transmission pipelines following population growth. This notice is the result of previous Agency requests for comment...
Risky Business, Voldemort and Force Majeure: The Tale of the West Leo Rig
With apologies to movie fans everywhere, this briefing has nothing to do with Tom Cruise’s 1983 comedy or the Harry Potter films. Rather, it actually concerns the recent English High Court decision in Seadrill Ghana Operations Limited -v- Tullow Ghana...
Evolution of PHMSA Hearings: Response to Interest in Public Participation and Pre-Hearing Conferences
In a letter issued to the Reporters Committee for Freedom of the Press (RCFP) and E&E News last week, PHMSA’s new Chief Counsel Paul Roberti announced its intention to publicly post advance notice of hearings requested by operators. As reported...
Global Energy Change: Increased Use of Natural Gas and LNG
Global energy change through increased use of natural gas and liquefied natural gas (LNG) has been the focus of this week’s World Gas Conference (WGC). The WGC, sponsored by the International Gas Union, has convened these conferences once every three...
Worthier Horizons: The UAE's New Federal Arbitration Law
Almost 12 years after it acceded to the New York Convention, the UAE’s new Federal Arbitration Law came into effect on 16 June 2018. Closely based on the UNCITRAL Model Law, it is widely regarded amongst the international arbitration community...
What the AT&T/Time Warner Decision Means for Antitrust Enforcement
On June 12, 2018, after a six-week trial, U.S. District Court Judge Richard Leon denied the U.S. Department of Justice’s request to block AT&T Inc.’s $85 billion acquisition of Time Warner Inc., one of the most high-profile merger challenges in...
State Participation in Interstate Pipeline Inspections: GAO Recommendations
A recent Report to Congress mandated by the most recent amendments to the Pipeline Safety Act was released by the Government Accountability Office (GAO), reviewing federal and state responsibilities and resources for inspection of pipelines that transport product across state...