The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 2141/2020, is a reminder of the importance of choosing words carefully when drafting an arbitration clause, to ensure that it reflects the parties’ intentions as to how any disputes that may arise are to be resolved. Background The proceedings were instituted by the Plaintiff (K) against the Defendant (G) for sums, said to be due under a contract between them (Contract) ...
Water and wastewater agencies gained an important new protection from lawsuits challenging their rates on Wednesday, when Governor Newsom signed SB 323 (Caballero). For water or sewer service fees or charges adopted after January 1, 2022, this new law requires any lawsuits challenging those fees or charges to be commenced within 120 days of the effective date ...
The UK government’s Hydrogen Strategy, published in August 2021, confirms that developing a thriving low carbon hydrogen sector in the UK is a key plank of the government’s plan to build back better with a cleaner, greener energy system ...
On 17 August 2021, the UK Government presented its Hydrogen Strategy (the “Strategy”) to Parliament. The 120-page document set out the Government’s ambition to develop a thriving hydrogen sector in the UK and to place it at the forefront of hydrogen technology. What does it say and how might hydrogen feature in the future? Throughout this article, we will be referring to different colours of hydrogen (primarily blue and green) ...
On Saturday, September 11, 2021, Resolution Nº 0041-2021-CD-OSITRAN was published in the Official Gazette “El Peruano”, extending the deadline for receiving comments and suggestions to the “General Guidelines to be applied in the tariff procedures under the price cap methodology or RPI-X mechanism” (the “Resolution 041”) for a period of 15 working days from its publication, that is, until October 1, 2021 ...
When is an agricultural lease not an agricultural lease? An agricultural lease provides a tenant with various rights, including security of occupation for the agreed length of the lease. That might be for five or 10 years or longer under a fixed duration tenancy or even for the foreseeable future, if the lease is a traditional lease entered into before November 28 2003. However, not every lease of land is an agricultural lease. Whether it is or not depends on the purpose of the lease ...
The National Treasury (“NT”’) published its draft Taxation Laws Amendment Bill with accompanying Explanatory Memorandum on 28 July 2021 (the “draft Bill”). By now it is well known that the draft Bill contains a fairly radical proposal: section 20 of the Income Tax Act, 1962 (“the Act”) will be amended to limit the amount of an assessed tax loss that may be set-off against taxable income ...
Last night, only days ahead of a general election the minority Government in Norway is likely not to win, a proposal for dramatic changes to the upstream petroleum tax regime. It was announced at 18.00 hours Oslo time in a hastily called press conference by the Minister of Finance Mr Sanner (Conservative) and the Minister of Petroleum and Energy Ms Bru (Conservative) ...
As consolidation in the domestic energy supply market continues, a new report has been commissioned by Shoosmiths and produced by Cornwall Insight. It considers what is driving the consolidation, whether this looks set to continue and the outlook for the market. Current situation At its peak in 2018, there were 62 suppliers of domestic energy in the UK market ...
Health and safety issues in the agricultural and rural sector are a matter of considerable concern. The Health and Safety Executive (HSE) is urging farmers to make safety a priority to reduce the number of injuries and fatalities in the sector. This recent campaign was prompted by four fatalities over a fortnight, coming only weeks after Farm Safety Week ...
Water Law On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all of September to approximately 4,500 water right holders in the Sacramento-San Joaquin Delta watershed (Delta Watershed). These curtailment orders affect post-1914, pre-1914, and riparian rights, though in different ways, as described further below ...
“We have to hurry, we have to get faster in the fight against climate change.” Those were the words of Angela Merkel, the German Chancellor, after surveying the devastation caused by record floods in western Germany in early July. Private transport is one of the world’s biggest sources of greenhouse gases, with emissions rising every year, and the transition to electric vehicles is fundamental in the fight against climate change ...
Water Law Effective August 19, 2021, emergency regulations were approved for water curtailment orders and related reporting requirements in the Sacramento-San Joaquin Delta watershed, defined as Hydrologic Unit Code level 4 Sacramento and level 4 San Joaquin subregions (Delta Watershed), as shown in the map below ...
Renewable energy is more popular than ever before. Regulators and ratepayers are demanding new or higher renewable portfolio standards, and investors are eager for opportunities with companies satisfying environmental, social and governance criteria. The energy transition is here, and the question is no longer if we will electrify, but how quickly. Significant challenges remain. As the U.S ...
In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, a commercial landlord appealed successfully against a Sheriff’s decision that it was obliged to provide, and that its tenant was entitled to receive, a supply of water to leased subjects. Background to the utilities dispute Granton Central Developments Ltd and Len Lothian Ltd were the landlord and tenant respectively in terms of a lease of commercial premises in Granton, Edinburgh ...
If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs (FiTs), you may be considering replacing part or all of the generating equipment to upgrade your installation. "Will repairing or replacing the generating equipment affect my accreditation?" This is something we are being asked increasingly often and, frustratingly, the FiT Legislation and Guidance is inconclusive on this point. But not for much longer ...
Co-hosted by the Texas Solar Power Association Developing EPC Contracts involves many different stakeholders from investors, developers, contractors, and equipment suppliers. Allocating risk to the party that is in the best position to manage and control the risk is important to keep costs contained. Factors such as technology, cost constraints, schedule, stakeholders, safety, and performance are just some of the major issues that affect risk allocation ...
In our last two articles, we have considered how transport may change over the coming years. This is of course only half the story. Clean energy production is possible within a city and there are many other technologies currently available, or just around the corner, which may revolutionise both the power grid and the quality of inner-city air. Energy generation It goes without saying that renewable energy sources will be critical to our future energy needs ...
On June 17, 2021, Law 21,348 (hereinafter, the " Law ") was published in the Official Gazette, the purpose of which is to legally guide the powers of the President of the Republic (hereinafter, the " President ") regarding the state of constitutional exception of catastrophe due to public calamity, in order to guarantee, in situations of pandemic, health crisis and natural disasters, the access and availability in sufficient quantities of water to the affected population ...
