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Inflation Reduction Act
FERC Confirms the Long Reach of Open Access Requirements
This week the Federal Energy Regulatory Commission (FERC) put to rest any doubt that transmission rights pursuant to a pre-Order No. 888 transmission service agreement are subject to the FERC's open access regime when the agreement is modified or becomes...
Third Circuit Asks U.S. Attorney General for Opinion on Federal Power Act Pre-emption of State Law
In an unusual move, on February 21, 2014 the Court of Appeals for the Third Circuit ("Third Circuit") asked the U.S. Attorney General for his opinion as to whether the Federal Power Act ("FPA") preempts New Jersey's Long Term Capacity...
Paper Company, Arguing that FERC Lacks Jurisdiction over Demand Response, Files Motion to Dismiss FERC Manipulation Action
On December 2, 2013, FERC filed a Petition for an order affirming its assessment of a civil penalty in the District of Massachusetts against Lincoln Paper and Tissue, LLC ("Defendant"), alleging that the Defendant engaged in a manipulative scheme as...
FERC Responds to Barclays Motion to Dismiss as Without Merit and so Aggressive That if Granted it Could "Eviscerate" FERC's Ability to Regulate Wholesale Power Markets
On July 16, 2013, the Federal Energy Regulatory Commission ("FERC") issued an order finding Barclays Bank PLC ("Barclays"), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (together with Barclays, "Defendants") in violation of FERC's anti-manipulation regulations and assessed significant...
Beyond Shale: Are Methane Hydrates the Next Energy Source?
The energy of the future could lie buried deep underneath the world's oceans and the Arctic permafrost. Methane hydrates, also known as "flammable ice," are vast reservoirs of natural gas trapped in ice-like crystals and hold out the potential to...
Could You Be A Commodity Trading Advisor or Commodity Pool Operator and Not Know It?
As the Commodity Futures Trading Commission's ("CFTC") Division of Swap Dealer and Intermediary Oversight recently reminded market participants in a Staff Advisory , entities that meet the definition of a commodity trading advisor ("CTA") are subject to various regulatory requirements...
Second Circuit Reinforces High Pleading Burden for Director Duty of Oversight Claims
To listen to the podcast, please click here . In Welch v. Havenstein , No. 13-2648-cv, 2014 WL 322055 (2d Cir. Jan. 30, 2014) (summary order), aff’g In re SAIC Inc. Derivative Litigation , 948 F. Supp. 2d 366 (S.D.N.Y...
EPA Proposes TCEQ Take Over GHG Permitting in Texas
On Tuesday, February 4, 2014, EPA issued a pre-publication copy of a proposed rule that if adopted would transfer greenhouse gas (GHG) permitting in Texas from EPA Region 6 to the Texas Commission on Environmental Quality (TCEQ). The proposed rule...
Clash Of Titans over Biosimilars at FTC Workshop
On Tuesday, February 4, the Federal Trade Commission (FTC) conducted an all-day public workshop at its headquarters in Washington, D.C. on competition issues involving biologics and biosimilars. 1 During highly informative presentations and roundtable discussions, the FTC and various stakeholders...
Only You Can Prevent Forum Shopping
Recently, the Supreme Court unanimously held that the best time for forum shopping is before a dispute. The Supreme Court frowns on parties seeking to shop for a forum once a dispute develops but recognizes parties' right to agree to...
Re-Calculating Patent Term Adjustments Once Again
The Federal Circuit has adjusted the way we calculate Patent Term Adjustments (PTA) once again with its holdings in Novartis and Exelixis . 1 The Federal Circuit held that the United States Patent and Trademark Office (USPTO) has been incorrectly...
New HSR Thresholds for 2014
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 24, 2014. The revised thresholds will apply to any transaction closing on or after the...
Supreme Court Delivers a Jolt to Patentees in Medtronic
Yesterday, in Medtronic, Inc. v. Mirowski Family Ventures, LLC , 571 U.S. ___ (2014), the United States Supreme Court unanimously held that a patentee has the burden of proving infringement in a declaratory judgment suit brought by a licensee. As...
EPA Issues NPDES Permit that Includes Limited Chemical Disclosure Requirements for Oil and Gas Operations Offshore California
Region 9 of the U.S. Environmental Protection Agency yesterday made available the finalized National Pollutant Discharge Elimination System (NPDES) general permit applicable to discharges from oil and gas exploration facilities offshore Southern California. NPDES General Permit No. CAG280000 (2014 NPDES...
Barclays Motion to Dismiss Raises Significant Issues About FERC Jurisdiction
After an investigation of actions in the western electricity markets by Barclays Bank PLC ("Barclays"), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively, the "Traders" and together with Barclays, "Defendants"), the Federal Energy Regulatory Commission ("FERC") issued an...