The inauguration of the Biden administration will bring a plethora of policy changes focused on US electric power production, fuel, and climate change mitigation and remediation. The Biden administration’s Climate Executive Order, discussed further in this Legal Update, declares the intention to “reduce greenhouse gas emissions” and “bolster resilience to the impacts of climate change.”
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Biden Executive Order on Energy Regulation
On January 20, 2021, US President Joseph Biden signed a series of executive orders, including one titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” This executive order contains a series of directives to federal agencies and departments that will significantly impact the energy sector and signals the high
US Energy Regulator Considers Financial Requirements for Hydropower Projects
At its last formal meeting during the Trump administration, the US Federal Energy Regulatory Commission opened a Notice of Inquiry to determine whether to impose financial assurance requirements on hydropower licensees and, if so, what those financial assurance requirements should be.
Please read the Legal Update at the link below.
Final Like-Kind Exchange Regulations Contain Much-Needed Clarity for Natural Resource-Related Assets
In December of 2020, the US Internal Revenue Service issued final regulations on like-kind exchanges under Section 1031 of the Internal Revenue Code of 1986, as amended. The Final Regulations, which generally apply to exchanges beginning after December 2, 2020, provide much-needed clarity for natural resource-related assets.
Please see Legal Update at the link below:
Operational Technology Cyber Risk in the Energy Sector
On January 26, 2021, members of the Mayer Brown cybersecurity and data privacy practice will be joined by members of Dragos—a leading industrial security firm—to describe practical steps that members of the energy sector—and other relevant businesses—can take to mitigate cyber risks to operational technology. The webinar – Managing OT Cyber Risk: Lessons from the
Potential Energy Tax Changes under a Biden Administration
Although the incoming Biden administration has put forth bits and pieces of a variety of potential tax reforms and incentives, two focus areas have clearly emerged—a reduction or rollback of certain provisions of the 2017 Tax Cuts and Jobs Act and a focus on clean energy and reducing carbon emissions (while promoting US-based manufacturing). Policy
Mexico – CRE Suspends Again Deadlines and Terms due to COVID 19
On January 18, 2021, the Energy Regulatory Commission (Comisión Reguladora de Energía, “CRE”) published in the Official Gazette of the Federation (Diario Oficial de la Federación, “DOF”) a resolution suspending again all deadlines and terms of actions and procedures before the CRE.
In a manner similar to the last suspension resolution, the suspension will be
Restructuring Options For Oil Companies in 2021
Energy Voice has recently published an article written by Mayer Brown on potential restructuring options for oil companies in the UK.
Whether dealing with failure of a major project, reacting to crises at counterparties or weighed down by oil price weakness, many companies in the oil sector will have to undertake financial restructuring in
Brazil’s National Agency of Petroleum Publishes Resolutions Maintaining Measures Related to COVID-19
On December 21, 2020, the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) published (i) Resolution No. 835/2020, which extends the effective term of certain ANP resolutions with measures related to the public health emergency situation caused by COVID-19 (“Resolution No. 835”), and (ii) Resolution No. 836/2020, which defines the procedures to be followed
IRS Issues Final Carbon Capture Regulations
On January 6, 2021, the US Internal Revenue Service (the “IRS”) issued final regulations (T.D. 9944) (the “Final Regulations”) on the Section 45Q carbon capture tax credit (the “Carbon Credit”). The Final Regulations implement numerous provisions of the proposed regulations (REG-112339-19) (the “Proposed Regulations”) that were issued last year but contain certain investor-friendly changes and