Bracewell & Giuliani



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  1. Pleasing No One, Fish and Wildlife Service Lists the Gunnison Sage-Grouse as Threatened

    Wednesday, November 12, 2014 3:49 pm by and

    In the latest listing driven by a huge July 2011 settlement with environmental NGOs, the U.S. Fish and Wildlife Service earlier today announced it would list the Gunnison sage-grouse as threatened under the Endangered Species Act (ESA).  The listing comes in the face of objections from both sides.  Colorado’s Governor and both its senators – all Democrats – had worked hard to prevent the listing, while environmentalists warned in advance that they would sue over a threatened listing, demanding that the bird be listed as endangered, not just threatened. (more…)


  2. Economic Development Obligations: Unintended Consequences

    10:14 am by

    The message from the South African Department of Energy at the Windaba Conference in Cape Town last week could not have been clearer. In his address during the opening session of the conference, Dr. Wolsley Barnard (Deputy Director General: Energy Programs and Project at the DOE) forced home the point that the South African authorities “…will be enforcing penalties…” for breaches of the mandatory economic development obligations under the South African Government’s Renewable Energy IPP Procurement Programme.

    Listening to Dr. Barnard’s address got me thinking. Three years on from its launch has the REIPPP Programme made a real difference to South Africa’s manufacturing and service sectors? The answer quite clearly has to be a yes. The development of the R300-million wind turbine tower factory at the Coega IDZ, the recent announcement by SunPower of the construction of a new 160MW solar panel manufacturing facility in Cape Town and the DOE’s job creation forecasts for construction and operational posts in the renewable energy sector make this apparent. But it did occur to me that there may be some unexpected side effects to the approach being taken by the DOE to this point. (more…)


  3. Struck Down: When Liquidated Damages Become Unenforceable

    Monday, November 10, 2014 3:15 pm by and

    Construction law can be something of a dark art – there isn’t a day that goes by where the humble construction lawyer isn’t presented with a bit of a head-scratcher.

    Take liquidated damages, for example. It’s clear that an LDs provision shouldn’t seek to penalise the offending party. It’s also clear that LDs should represent a ‘genuine pre-estimate’ of the innocent party’s loss following breach. So until recently, the well-advised client would make a reasonable effort to assess the likely losses as a result of a particular breach, describe them clearly in the contract and keep records showing the parties’ working. And they could rest safe in the knowledge that any court applying English law would be very reluctant to interfere with a commercial agreement on LDs.

    Yet a series of recent cases has given lawyers and their clients food for thought. In two cases, LDs provisions were held to be unenforceable and struck down. So are the courts are seeking to adopt a more flexible approach to LDs, reflecting the commercial reality of their use in commercial contracts? (more…)


  4. International Pipeline Projects – Key Considerations for East Africa

    Friday, October 31, 2014 9:53 am by and

    The majority of landlocked Uganda’s estimated 6.5 billion barrels of crude oil reserves are destined to be pumped to the East African coast for export (potentially linking up with supplies from Kenya, South Sudan and Ethiopia along the way). While preferred export routes continue to be debated, it is likely that multiple pipelines stretching across the East Africa region will be developed in the near future. The development of such infrastructure will be heavily dependent on project finance. In this article, we consider some key issues affecting international pipeline projects that sponsors and host governments in the East Africa region will encounter. (more…)


  5. East Africa Licensing Update – Q4 2014

    Thursday, October 30, 2014 2:28 pm by and

    With Tanzania in the final stages of evaluating bids for oil and gas blocks offered in its latest bidding round which closed in Q2 2014, it was Mozambique’s turn to announce its latest round in London on 23 October. Uganda and Kenya are also expected to embark on fresh licensing next year to complete a busy period for East African block auctions. (more…)


  6. Kenya’s Lake Turkana Wind Power Project Lights the Way for the East African Power Market

    Wednesday, October 29, 2014 10:07 am by and

    Kenya is East Africa’s largest economy, yet it faces a power supply crisis.  Per capita, it generates barely 4% of the power generated by South Africa.  Only 18% of the population has access to electricity and, even for this fortunate minority, rationing and blackouts remain a daily reality.

    The Kenyan Government has ambitious development goals for the country, seeking to achieve annual double-digit growth and to ‘create a prosperous and globally competitive nation with a high quality of life by the year 2030’.  There is certainly plenty of cause for optimism.  Politically, the country is relatively stable. The capital, Nairobi, is home to the regional offices of some of the world’s largest multinational corporations, including General Electric, Google and Coca Cola.  These companies enjoy access to a labour force that is increasingly urbanised, professional, computer-literate and English-speaking. (more…)


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