The UK Supreme Court has handed down its judgment in the case of Okpabi and others v Royal Dutch Shell Plc and another. This is an important decision that will be of interest to all UK headquartered companies operating in jurisdictions and industries where there is a higher risk of ESG-related issues arising. Although the
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More 2021 Polar Vortex Fallout: The Texas Two-Step (aka the Hot Potato) between PUC Oversight and ERCOT Market Protocols
In the now obviously challenged Electric Reliability Council of Texas (ERCOT) power market, a strange dance recently occurred. On February 21, 2021, the Public Utility Commission of Texas (PUCT), which oversees ERCOT, issued an order authorizing ERCOT to use its sole discretion in taking actions under the ERCOT Nodal Protocols to resolve financial obligations between…
Déjà Vu All Over Again: US FERC Announces New Proceeding to Examine Electric Reliability in the Face of Climate Change
On February 22, 2021, the United States Federal Energy Regulatory Commission (FERC) announced its intention to open a new proceeding to examine the threat that climate change and extreme weather events pose to electric reliability. The proceeding will examine how grid operators prepare for and respond to extreme weather events, including, but not limited to,…
House of Representatives Approves the Amendment of Mexico’s Electricity Industry Law
On February 23, 2021, the House of Representatives discussed and approved the draft of the Amendment of the Electricity Industry Law proposed by Mexico President López Obrador with a total of 304 votes. One of the most relevant features of the Amendment is the modification of the dispatch order, disregarding economic efficiency mechanics, which will…
Mexican Court Suspends New Hydrocarbons and Fuels Import and Export Rules Enacted by Ministry of Energy
A Mexican Court issued a provisional suspension in an amparo proceeding of the new hydrocarbons and fuels import and export rules enacted by the Ministry of Energy on December 26, 2020. As a result, the permitting regulation for the import and export of hydrocarbons and petroleum products originally published by the Ministry of Energy on…
Biden Signs Far-Reaching Executive Order Setting Forth Climate Change Priorities
On January 27, 2021, President Biden signed Executive Order 14008, Tackling the Climate Crisis at Home and Abroad (the “Order”). The Order sets forth the Biden administration’s policies to address climate change through both foreign and domestic policies and demonstrates the administration’s intent to make addressing climate change a top priority for nearly every department…
Energy in China’s New Era
In December 2020, the State Council Information Office of China published a white paper titled Energy in China’s New Era. The white paper presents China’s achievements and goals in energy development and outlines the strategies, and policies for future energy reform.
People-Centered Goals – Clean Energy, Clean Living
The white paper stresses that the ultimate…
Mexico – Tension Between Proposed Amendment of Electricity Industry Law and Supreme Court’s Rejection of SENER’s Reliability Policy
The electricity industry in Mexico is under stress. The President of Mexico has proposed amendments to the Electricity Industry Law that could result in the undoing of the energy reform that permitted private investment in the power market. In parallel, the Mexican Supreme Court issued a decision rejecting a number of provisions of the Ministry…
Scaling Voluntary Carbon Markets: Taskforce Releases Core Carbon Principles and Roadmap
Over 1,000 firms have made either indicative or concrete pledges to align their greenhouse gas emissions with the Paris Agreement—which means reducing emissions to zero by 2050. For many firms, achieving this aim will require the use of carbon offsets at some point. On January 27, 2021, the Taskforce on Scaling Voluntary Carbon Markets published…
Biden Administration Takes Action on Oil & Gas Permits but Policy Still Evolving
Since US President Biden’s inauguration, the Biden administration has taken several actions to restrict the issuance of oil and gas permits for production on federal public lands and federal offshore waters, but the extent of the shift in policy undertaken remains uncertain as the US Department of Interior has continued to issue permits for drilling…