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Inflation Reduction Act
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...
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...
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...
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...
In Securities Case, U.S. Supreme Court Curbs Successive Class Actions
Last week, the United States Supreme Court reigned in plaintiffs’ ability to file new class action suits outside the statute of limitations. The Court decided in China Agritech that, following denial of class certification, a putative class member may not...
Paper Beats Rock! The UK Supreme Court rules on the efficacy of 'No Oral Modification' clauses
The UK Supreme Court opinion in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24 marks a step change in English law’s treatment of ‘No Oral Modification’ (“ NOM ”) clauses. The Court opined that English law...
Pipeline Security and Cybersecurity: Are Guidelines Enough to Protect Critical Infrastructure?
Since 9/11, no new rules or regulations have been promulgated to address pipeline or LNG facility security or cybersecurity. Although the Transportation Security Administration (TSA) recently released an updated version of its “ Pipeline Security Guidelines ” (Guidelines) that were...
The Congressional Review Act May Be Coming Soon to a Rule Near You
The Congressional Review Act (CRA) has been in the news of late, yet few people know its history, purpose or challenges. Although used only once in its first 20 years, the Act was resurrected at the outset of the Trump...
The First Day of the Rest of Our Lives? GDPR Activist Complaints Allege Shortcomings and Seek Maximum Penalties
This is not an email about what the General Data Protection Regulation (GDPR) is. We assume you've received dozens of those recently (including from us) . As those emails promised, GDPR Day 1 finally came. And it began with a...