The Green and Sustainable Finance Cross-Agency Steering Group co-chaired by the HKMA and the SFC (Steering Group) announced on 15 July 2021 the next steps to advance its strategy to bolster Hong Kong’s position as a leader in green and sustainable finance and help transition the financial ecosystem towards carbon neutrality ...
The Comprehensive Environmental Response, Compensation and Liability Act, commonly referred to as CERCLA or Superfund, does not contain any provision for a private cause of action for personal injury or property damage relating to the release of hazardous substances ...
Argentina has great geological potential and a very attractive regulatory framework that provides mining companies with important incentives, such as a 30-year fiscal stability period and several tax exemptions. However, in 2010, the Argentine mining industry faced certain issues prompted by regulatory trends in order to address social, environmental, and economic concerns towards mining ...
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 ...
In what has been described as a “sweeping victory” for the U.S. Environmental Protection Agency the United States Court of Appeals for the District of Columbia Circuit issued a decision on June 26, 2012 in lawsuits that challenged various aspects of the Agency’s regulatory scheme for greenhouse gases (GHGs). EPA’s challenged actions stem from a decision by the U. S. Supreme Court in 2007 in the case of Massachusetts v ...
Competition & Antitrust Resolution No. 237/2021 of the Secretariat of Commerce: New prices information regime for companies (SIPRE) By Agustín Waisman and Mercedes Pando Through Resolution No ...
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 ...
DEALING WITH MINING LEGACY – SOME CANADIAN APPROACHES(1)1. INTRODUCTIONIn this paper we discuss approaches that have been used in Canada to identify and foster private sector, public and aboriginal participation in dealing with mining environmental liabilities and orphan sites(2) ...
The issue of decarbonisation of the economies of EU member states, and in particular Poland, generates a lot of heat. Decarbonising the economy was named as one of the EU’s five energy priorities in the Commission communication entitled “A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy.” In European Union documents, decarbonisation means elimination of CO2 emissions because of their harmfulness to the environment ...
The Ministry of Mines and Energy, through Resolution 40115 of 2020, extended until December 31, 2020 the delegation of the inspection function carried out by the department of Antioquia. On the other hand, the Secretary of Mines of Antioquia extended the suspension of some administrative actions until April 13, 2020 ...
On May 25th, 2020, as per publicly available information, an administrative court in Mexico issued definitive suspensions against the resolution published on April 29th, 2020 by the National Center of Energy Control (“CENACE”) to guarantee the efficiency, quality, continuity and safety of the National Electric System, as part of the constitutional appeals filed by companies involved in renewable energy projects from wind and photovoltaic projects ...
Under Minister of Energy and Mineral Resources Regulation No. 23 of 2015 dated 31 July 2015 on the Delegation of Authority to Issue Oil and Gas Business License in the Framework of One-Stop Integrated Services to the Head of BKPM (“Regulation 23/2015”), the Minister of Energy and Mineral Resources has delegated its authority to issue oil and gas business licenses for capital investment to the Head of BKPM ...
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Contractual negotiations for ships and offshore units commonly involve commercial, legal, and technical teams negotiating different parts of the contract. It is however crucial that before the contract is signed, it is read as a whole to ensure consistency in a party’s obligations throughout the contract. The English Supreme Court’s judgment in MT Højgaard A/S v. E ...
A new ordinance n°2020-427 of 15 April 2020 on various provisions regarding deadlines for dealing with the covid-19 epidemic (the “Deadlines Ordinance of 15 April 2020”), presented to the Council of Ministers on 15 April, was published in the Official Journal on 16 April 2020, as it was eagerly awaited by real estate and construction professionals, as well as by the renewable energy sector ...
In a somewhat surprising turn of events in the question of potential Pennsylvania Public Utility Commission ("Pa. PUC" or "Commission") regulation over midstream Marcellus Shale development entities, on September 8, 2011, Laser Northeast Gathering Company, LLC ("Laser") petitioned the Pa. PUC to withdraw its pending application for Certificate of Public Convenience to act as Public Utility ...
Given the growing need for new sources of water for human and industrial consumption, in order to unify criteria in the evaluation of desalination projects, the General Directorate of the Maritime Territory and Merchant Marine (“DIRECTEMAR”) has published the following 3 guides with basic technical guidelines: Guide for the Environmental Assessment of Industrial Desalination Projects in Jurisdiction of the Maritime Authority The purpose of this guide is to update the minimu
2011 saw significant developments in the courts in relation to the issue of directors’ liability for the costs of remediation of waste sites, an issue which is particularly crucial where the company which disposed of the waste is not in a position to pay ...
Kudun and Partners successfully represented Energy Absolute Public Company Limited (“EA”), one of the leading producers of alternative energy products using modern technology, in connection with the disposition of 100% investment in E Transport Holding Co., Ltd., a subsidiary of EA, consisting of nine subsidiaries and an associate company, via a highly complicated process of Entire Business Transfer (EBT) to Thai Smile Bus Co., Ltd ...
On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke initially sought a 12 percent rate increase, but eventually entered into a settlement with the North Carolina Public Staff, setting the rate at 7.2 percent. Duke contended that it needed the higher rates to cover $4 ...
The primary issue in the three (3) consolidated cases involving San Roque Power, Taganito Mining and Philex Mining decided last February 12, 2013 revolves around the proper period for filing the judicial claim for refund or credit of creditable input tax ...
Recent technological innovations and advancements in drilling and completion techniques have led to an unprecedented expansion of natural gas production by large and midsize exploration and production companies. This expansion created competition for wild cat acreage as well as producing properties, putting lessors and co-owners (the “non-operators”) at a distinct advantage in negotiating the terms of leases, farmout agreements and joint operating agreements (“JOAs”) ...
Even in a difficult commodity price environment, acquisition transactions can produce lucrative opportunities for buyers of oil and gas interests and creditor relief for sellers. One type of transaction in particular provides an opportunity for distressed sellers not only to avoid bankruptcy, but also eliminate the greatest amount of debt possible that is secured by its oil and gas properties ...
