Skip to main content
Insights
Inflation Reduction Act
A Challenging Year for African M&A
The continent’s two biggest oil producing nations have made recent reforms to their upstream regulatory regimes, which have been long awaited and the changes largely well received.
PRG Pulse 2022 Post-Election Analysis
CONTENTS The Big Picture Congressional Overview White House Response Congressional Oversight The Key Issues Clean Energy & IRA Implementation Hydrogen Offshore Wind and Solar Carbon Capture & Storage Critical Minerals Oil & Gas Permitting Reform and Energy Infrastructure Energy...
General Overview of the Inflation Reduction Act of 2022
On Tuesday, August 16, President Biden signed the Inflation Reduction Act of 2022 (the Act ) into law, which includes material changes to various sections of the Internal Revenue Code of 1986, as amended (the Code ). The following is...
The UK National Security and Investment Act: Key Implications for the Energy Sector
Click here to read in Joomag format. Background The UK’s National Security and Investment Act 2021 (the “ Act ”) entered into force on 4 January 2022, introducing a new investment control regime for acquisitions in the UK, with the...
Meet the new NNPC – different from the old NNPC?
What has happened? The Nigerian National Petroleum Corporation has officially “relaunched” as NNPC Limited in a high profile ceremony led by President Buhari. This transition involves the incorporation of a new CAMA company, which is wholly owned by the Nigerian...
Senate Considers FERC's Role in Hydrogen Pipeline Development
Last week, the Senate Committee on Energy & Natural Resources (SENR) held a hearing on “ Federal Regulatory Authorities Governing the Development of Interstate Hydrogen Pipelines, Storage, Import, and Export .” Chaired by Senator Joe Manchin (D-WV), the Committee considered...
Re-shaping the UK Energy Regime in an Uncertain Political Landscape
Introduction The UK’s Energy Security Bill, first promised in 2021 and introduced to Parliament on 6 July 2022, contains a wide variety of measures which the UK Government claims will address the energy trilemma of environmental sustainability, security and affordability...
Knock-for-Knock Indemnities: Risk Allocation in Offshore Energy Contracts
What are knock-for-knock indemnities? A knock-for-knock clause is a reciprocal agreement to apportion liability for certain losses (usually, death or injury to personnel and damage to property) between contracting parties, supported by mutual indemnities. A knock-for-knock regime replaces the fault-based...
Challenging Policy on Climate Change Grounds
Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project In R (on the application of Friends of the Earth Limited) (the “ Claimant ”) v The Secretary of State for International...
Army Corps Issues Notice of Nationwide Permit 12 Review and Seeks Stakeholder Input
On March 24, 2022, the Department of the Army and the U.S. Army Corps of Engineers (“Corps”) (collectively “Army”) announced their intent to publish a Notice (the “Notice”) in the Federal Register initiating a formal review of Nationwide Permit (“NWP”)...
"A Clash of Two Congressionally Constructed Titans": Fifth Circuit Declares Bankruptcy Court Victorious Over FERC in In re Ultra Petroleum Corporation
On March 14, 2022, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) revisited the issue of the rejection of filed-rate contracts in bankruptcy where such contracts are governed by the Federal Energy Regulatory Commission (“FERC”)...
Oil Spot Trading: Whose Terms Apply - The Incorporation of English Jurisdiction Clauses in Oral Agreements
Spot trading of oil is often done at speed and over the phone, with confirmatory written terms arriving after the sale. The practice has inherent legal risk – the terms of the deal may be uncertain and incomplete. In Addax...
Good Faith in English Contract Law
Summary
Under English law, there is no general doctrine of good faith. This means that there is no general obligation to act in good faith during the negotiation of commercial contracts. The exceptions to this rule include where (a) the contract contains an express duty of good faith; (b) there is a contractual discretion and a term of good faith may be implied; or (c) the agreement in question is a ‘relational’ contract giving rise to an implied term of good faith. The term that will be implied will depend on the express provision in question, and the contract as a whole.
LNG: Regions on the Rise
Europe (both Continental Europe and the UK) is generally characterised as a single large LNG import market, and one in which European importing countries collectively compete with the world’s top importing region of Asia. Whilst Europe’s importing nations do share...
PHMSA Informational Meeting on Upcoming Leak Detection Inspections
On January 27, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a public informational meeting on February 17, 2022 regarding PHMSA’s plan for forthcoming audits of updated inspection and maintenance plans to eliminate and minimize leaks pursuant to...