Tuesday, July 15, 2014 8:23 am by Alastair Young and Nicholas Neuberger
The English High Court has overruled an arbitrators’ decision to hold that a clause requiring “friendly discussions” prior to commencing arbitration is an enforceable condition precedent to arbitration under English law.
This judgment is interesting because mere “agreements to negotiate” are generally unenforceable under English law because they are too uncertain to enforce (Walford v Miles  2 AC 128). This case is especially interesting for the energy sector because it deals with the English law interpretation of escalation or multi-tiered dispute resolution clauses that are common in energy and natural resources joint venture and high value agreements (see for example the AIPN Model International Joint Operating Agreement). Multi-tiered dispute resolution clauses can provide that parties must first engage in alternative dispute resolution, such as negotiation, referral to senior management, referral to a third party expert and/or mediation (which is not without its costs) before a dispute can be referred to the Courts or to arbitration. (more…)
Category: European Energy Law, Litigation, Uncategorized
Wednesday, February 26, 2014 2:14 pm by David Perlman, Jennifer Lias and Robert E. Pease
On July 16, 2013, the Federal Energy Regulatory Commission (“FERC”) issued an order finding Barclays Bank PLC (“Barclays”), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (together with Barclays, “Defendants”) in violation of FERC’s anti-manipulation regulations and assessed significant penalties. The Defendants chose to have the validity of the order tried de novo in federal district court, and on December 16, 2013, filed a Motion to Dismiss the FERC action. On February 14, 2014, FERC filed an Opposition to the Motion to Dismiss previously filed by the Defendants.
This case represents the first time a FERC electric market manipulation claim is being adjudicated in a federal district court. The court’s ruling could have significant implications for FERC’s jurisdiction in a manipulation action that involves financial transactions and its authority with regard to wholesale power markets. (more…)
Category: Courts, Electric, FERC, Organized Markets, Power, Uncategorized
Friday, January 10, 2014 2:52 pm by Michael Weller and Jason Hutt
Region 9 of the U.S. Environmental Protection Agency yesterday made available the finalized National Pollutant Discharge Elimination System (NPDES) general permit applicable to discharges from oil and gas exploration facilities offshore Southern California. NPDES General Permit No. CAG280000 (2014 NPDES General Permit), issued under provisions of the Clean Water Act, authorizes discharges from exploration, development and production facilities located offshore of Southern California in accordance with specified effluent limitations, monitoring and reporting requirements and various other conditions.
The final 2014 NPDES General Permit includes certain new requirements that EPA indicates were added to address offshore hydraulic fracturing operations, including increases in the monitoring requirements associated with produced water discharges and new inventory and reporting requirements. (more…)
Category: Enforcement, Environmental, National Energy Law, Offshore, Uncategorized, Upstream Energy
Wednesday, January 16, 2013 4:11 pm by Michelle McCormick
HOUSTON — Bracewell & Giuliani LLP announced today that it is adding energy Partners Julian Nichol and Alastair Young to its London office. Nichol will serve as the office’s managing partner. These additions will serve to expand and enhance Bracewell’s globally recognized energy practice.
“We are excited to be welcoming Julian and Alastair to the firm,” said Bracewell Managing Partner, Mark C. Evans. “It is important for us to be able to serve our clients in all areas of the globe in which they do business. London is a key jumping off point. I foresee significantly more attorney growth for us in London over the next 12 to 18 months,” added Evans. (more…)
Thursday, December 6, 2012 3:00 pm by Rachael Marsh
Following FERC’s November 15 order that directed additional technical conferences on gas-electric coordination issues and released the Staff Report on Gas-Electric Coordination Technical Conferences (FERC Staff Report), the North American Electric Reliability Corporation (NERC) is expected to complete a study on the topic by year end. Based on that study, NERC could initiate a task force to explore possible revisions to reliability standards to address concerns related to gas-electric interdependency and fuel availability. (more…)
Category: Environmental, FERC, National Energy Law, Natural Gas/LNG, Shale Development, Uncategorized, Upstream Energy
Monday, September 10, 2012 3:44 pm by Grant MacIntyre
Last month, in a split decision, the U.S. Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule. Bracewell & Giuliani partner Jeff Holmstead, a former assistant administrator for air and radiation at EPA, appeared on E&E TV’s OnPoint program to discuss the impact of the court’s ruling and explain what the next steps are for the agency following the decision.
To view the interview with OnPoint host Monica Trauzzi, click here.
Category: Air Quality/Climate Change, Courts, Enforcement, Environmental, National Energy Law, Regional Energy Law, Uncategorized, Upstream Energy