US/Canada

King & Spalding is widely renowned for its litigation, project development, transactional, regulatory and other dispute resolution work for energy companies throughout the United States and Canada. We are leaders in the oil & gas, LNG and power fields and regularly handle renewable energy, petrochemical, mining and other matters throughout North America.Learn more

256 ArticlesUS/Canada

by: Carol Wood and Kathryn Marietta

Attracting more than 130 attendees from all over the country, King & Spalding’s first Energy Forum for 2017 held at the Houstonian Hotel in Houston tackled one of the most important issues facing the industry: Decommissioning and abandonment of oil and gas assets in upstream operations.Read more

by: Lynn Kerr McKay and Rachel Tennis

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The energy industry, among others, will also find this proposed rule of interest because, on the same day, EPA announced its intention to move forward with the regulatory process for three other classes of facilities: chemical manufacturing, petroleum and coal products manufacturing, and electric power generation, transmission, and distribution. Read more

by: S. Shawn Stephens

A Texas court of appeals held that an energy company did not waive the attorney/client privilege through the offensive use doctrine when it filed a lawsuit against the purchasers of properties for their failures to provide the company with . . . Read more

by: Rachel Tennis, Lynn Kerr McKay, Stephen McCullers and James Vines

Under a D.C. Circuit court order, EPA must propose new financial assurance requirements for the hard-rock mining industry—and identify industries next up for regulation—by December 1, 2016. There are a number of key issues that industry should consider when reviewing EPA’s forthcoming proposal.Read more

by: Edward Ripley

The rejection of midstream contracts in energy bankruptcy cases continues to be a significant issue. This article explores how parties have most recently litigated the issue in different matters.Read more

by: Stephen McCullers

The Bureau of Ocean Energy Management (BOEM) recently announced significant changes in how it determines the amount of financial assurance required to secure offshore decommissioning obligations.Read more

by: Michael Andrews

The Senate and the House have each passed comprehensive energy bills, which are aligned in many ways. Congress will now begin the task of reaching a compromise between the two bills. Read more

by: Neil Levy, David Tewksbury, Bruce Richardson and Stephanie Lim

FERC issued a notice of proposed rulemaking addressing the collection of certain data from sellers making sales at market-based rates and entities trading virtual products or holding financial transmission rights. The NOPR also proposes changes to FERC’s requirements with respect to other information submitted for market-based rate purposes. Read more

by: Cynthia AM Stroman and James Bowe

On June 22, 2016, the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act) was signed into law. The new law reauthorizes the Pipeline and Hazardous Materials Safety Administration (PHMSA) for four years, but more importantly, it identifies new priorities for the agency, grants more extensive authority to act quickly to address imminent hazards, mandates increased stakeholder engagement, and requires more frequent reporting to facilitate Congressional oversight.Read more

by: Cynthia AM Stroman

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal environmental statute in more than 20 years and the first update ever for the Toxic Substances Control Act (TSCA) of 1976. For many new or revised provisions, the Act establishes a timeline for the U.S. Environmental Protection Agency (EPA) to conduct rulemaking or take other action, but certain provisions took effect immediately. The revised requirements for confidential business information (CBI) claims are one such provision, with immediate implications for companies in the energy sector now preparing their reports under the 2016 Chemical Data Reporting (CDR) rule.Read more