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Inflation Reduction Act
Tips for Trading Compliance During a Pandemic
As many workplaces shutter and transition to telecommuting in response to the Novel Coronavirus (COVID-19), we are reminded that change always brings with it compliance risk. Even if your company has an emergency plan in place, assessing its effectiveness early...
Administrative Enforcement Reforms Continue
The current Administration has focused on reforming federal administrative agency enforcement by emphasizing transparency, due process, and fair notice. The concepts of due process and fair notice are well-established legal precepts, and they are critical to the regulated community. For...
JOAs: “Good Faith” and the implied qualification of express contractual powers
There have been a number of recent English Court decisions concerning implied obligations of good faith. In May 2019, we considered the potential impact of those decisions on joint operating agreements in the oil & gas industry (“ JOAs ”)...
The Global Sustainable Finance Movement
The present and future impacts of climate change, human rights violations, environmental, labor and regulatory violations and poor corporate governance on the quality of investments and credit risks have spurred widespread recognition of the importance of environmental, social and governance...
Challengers to FERC's Storage Order File Briefs with the D.C. Circuit
On November 6 th , the last of three challengers to the Federal Energy Regulatory Commission’s (“FERC’s” or “Commission’s”) Storage Order, Orders No. 841 and 841-A [1] , filed briefs with the D.C. Circuit seeking to vacate the Commission’s determination...
An Autumn Gleaning: Insights from October 2019 decisions in Kraft Foods, Vitol Manipulation Cases
For those interested in the contours of the Commodity Futures Trading Commission’s (CFTC) and the Federal Energy Regulatory Commission’s (FERC) anti-manipulation authority, three October 2019 decisions in two pending cases create opportunities for continued litigation over the scope of the...
Final Rule Imposes Expansive New Requirements for Liquid Pipelines
PHMSA recently finalized a rule that significantly revises certain aspects of liquid pipeline safety regulation under 49 CFR Part 195. Nearly nine years in the making, the final rule is intended to address PHMSA and NTSB accident investigation findings from...
PHMSA Updates its Latest Enforcement Tool: Emergency Order Final Rule
On October 1, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency) issued three long awaited final rules . This post addresses the Agency’s final rule on Emergency Orders , a significant new tool in PHMSA’s pipeline...
PHMSA Publishes Long-Awaited Final Rules
Tomorrow’s Federal Register will include three final rules published by the Pipeline and Hazardous Materials Safety Administration (PHMSA) that have been years in the making: (1) Safety of Gas Transmission Pipelines: Maximum Allowable Operating Pressure Reconfirmation, Expansion of Assessment Requirements...
FERC Proposes Significant Reforms to its QF Regulations
On September 19, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”) [1] proposing significant changes to FERC’s regulations governing qualifying facilities (“QFs”) [2] pursuant to the Public Utility Regulatory Policies Act of...
Pipelaws Team Authors Article on the Pipeline Safety Act for Law360
Pipeline partners Catherine Little, Bob Hogfoss and Annie Cook authored an article published in Law360 on the Pipeline Safety Act reauthorization legislation currently in the U.S. House and Senate. The current authorization of federal pipeline safety laws and funding of...
CFTC v. Kraft Dispute Continues with CFTC on Defensive
Following the August 15 2019 public announcement of a settlement between the Commodity Futures Trading Commission (CFTC) and Kraft Foods Group, Inc./Mondelez Global, LLC (together “Kraft”), the parties appeared on August 19 before the Honorable John Robert Blakey on a...
Long-Awaited CFTC v. Kraft Settlement Resolves Manipulation Allegations
UPDATE: The statements referenced and linked in this post have been removed from the CFTC’s public website in connection with an ongoing dispute . Today the legal battle between the Commodity Futures Trading Commission (CFTC) and Kraft Foods Group, Inc...
Highlights from This Year’s Texas Environmental Superconference
This month, Associate Daniel Pope will run through highlights from this year's Texas Environmental Superconference. Topics covered at the Superconference run the gamut of state and federal environmental law issues and are applicable to legal practitioners across the country. This...
Ninth Circuit Sides with CFTC on Scope of Anti-Manipulation Authority
Ninth Circuit Sides with CFTC on Scope of Anti-Manipulation Authority By Michael Brooks, Robert Pease, and Ryan Eletto A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit recently issued a decision that revives claims by the...