Inflation Reduction Act
Fantastic .Voyage: The Launch of First 9 New gTLDs
The first nine new generic top-level domain name spaces (gTLDs) in English 1 are expected to go live on or around October 29, 2013. These first nine domain spaces to join existing gTLDs like .com and .net are: .camera, .clothing...
Fracking in Europe "“ EU Parliament has voted to require Environmental Impact Assessments for shale gas developments
On 9 October 2013, the European Parliament narrowly voted in favour of an amendment to the EU's Environmental Impact Assessment Directive (EIA Directive) which would require environmental impact assessments (EIAs) to be performed for hydraulic fracturing for coal bed methane...
Texas Regulators Take First Steps to Acquire Greenhouse Gas Permitting Authority
On October 4th, the Texas Commission on Environmental Quality (TCEQ) released a preliminary draft of a proposal to establish greenhouse gas (GHG) permitting regulations for the state of Texas. This action kicks off what is likely to be a lively...
D.C. Circuit Halts Department of Labor's Reclassification of Loan Officers
The D.C. Circuit Court of Appeals on Wednesday handed the Mortgage Bankers Association a huge win by refusing to grant a full court review of a panel decision that struck down a 2010 U.S. Department of Labor (DOL) reclassification of...
Pooled Units and the Implied Surface Easement
On January 7, 2013, the Court of Appeals for the First District of Texas (Houston) (the " Court ") held that under Texas law the implied surface easement inherent in the mineral estate limited the mineral estate owner's right to...
EPA Releases Testing, Reporting and Compliance Deadlines for Oil and Gas Storage Tanks
Yesterday, the United States Environmental Protection Agency (EPA) published in the Federal Register final amendments to sections of its 2012 New Source Performance Standard OOOO (NSPS OOOO) applicable to storage vessels used in the production, processing, transmission and storage of...
Affordable Care Act Mandates Employer Notice of Coverage Options to Employees by October 1, 2013
Pursuant to the Affordable Care Act (ACA), individuals and employees of small businesses will be able to access health insurance coverage through a private health insurance market – the Health Insurance Marketplace – beginning on January 1, 2014. The ACA...
Court Rules That Patent Infringement Can Violate Antitrust Laws
Patent infringement can be considered anticompetitive conduct under federal antitrust law, according to a recent ruling issued by the U.S. District Court for the Eastern District of Texas. This ruling arose out of a dispute between Retractable Technologies, Inc. (Retractable)...
Coast Guard Looks to Expand Safety and Environmental Management Systems to Vessels on the OCS
On September 10, 2013, the U.S. Coast Guard published an Advance Notice of Proposed Rulemaking (APNRM) in the Federal Register stating its intent to propose regulations that will require vessels engaged in exploration, development or production activities on the Outer...
Number Four "“ DOE Approves LNG Exports for Cove Point
On September 11, 2013, the Department of Energy ("DOE") issued an order authorizing Dominion Cove Point, LNG, LP ("Cove Point") to export to non-Free Trade Agreement ("FTA") countries up to 0.77 Bcf/day of domestically produced liquefied natural gas. This is...
Important Energy Reform Submitted by Mexico's President
On August 12, 2013, Mexican President Enrique Peña Nieto submitted a highly anticipated constitutional reform proposal to the Mexican Congress for purposes of restructuring the Mexican energy sector, including oil, gas, petrochemical, and power, by allowing greater private participation in...
Important Energy Reform Submitted by Mexico's President
On August 12, 2013, Mexican President Enrique Peña Nieto submitted a highly anticipated constitutional reform proposal to the Mexican Congress for purposes of restructuring the Mexican energy sector, including oil, gas, petrochemical, and power, by allowing greater private participation in...
Bad Faith Patent Litigation Is Bad News For Plaintiffs
Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must continually assess the soundness of pending infringement...
Checking Off the List: DOE Approves a Third Non-FTA LNG Export Authorization
The Department of Energy ("DOE") recently issued its third order authorizing the export of liquefied natural gas ("LNG") to non-Free Trade Agreement ("FTA") countries. This latest order, for Lake Charles Exports, LLC ("Lake Charles"), will allow exports of up to...
SEC Fraud Charges Against School District Demonstrate Increased Focus on Disclosure Compliance by Municipal Issuers
On July 29, 2013, the Securities and Exchange Commission announced that it had charged an Indiana school district and its underwriter with securities fraud for falsely stating in a 2007 offering document that the issuer was in compliance with its...