EBA Insights
Feb. 11, 2015

EBA Annual Meeting Sponsorship Opportunities
EBA is offering a variety of sponsorship opportunities at the 2015 Annual Meeting & Conference, May 5-6, in Washington, DC. There are sponsor openings at every price point and all offer maximum exposure to energy attorneys, non-attorney professionals and those active in all areas of energy law. We have a new sponsorship this year…the "New Ideas Sponsor", which allows you to develop a creative way to highlight your company. Bring us the idea to consider! For more information and the response form, please visit: http://eba-net.org/node/374More

Smith Lake Improvement and Stakeholders Association v. FERC
The United States Court of Appeals for the District of Columbia (D.C. Circuit or Court) clarified and reissued its decision, maintaining its central holding that a second request for rehearing does not toll the sixty-day period for initiating judicial review unless the initial rehearing order modified the final order in a "significant way."More

Due Friday, February 13, 2015 — Judicial Nominations Requested for Vacant Seat
The District of Columbia Judicial Nomination Commission released a list of 19 applicants for the vacancy of retired Judge Herbert B. Dixon, Jr. last week. The President of the United States will be presented with the top three (3) applications for his consideration to nominate and appoint the judge.

To assist in the evaluation process, please visit http://dcforms.dc.gov/webform/applicant-evaluation-form-judges. All comments must be received no later than February 13, 2015. More

House Republicans set to flesh out sweeping energy plan
Environment & Energy Publishing
Energy and Commerce Chairman Fred Upton will take the first significant step on the long road toward a new comprehensive energy bill, which would be the most ambitious overhaul to policies affecting pipelines, transmission and energy efficiency in more than eight years. Details of the framework being crafted by the Michigan Republican and other committee members remained largely under wraps ahead of the formal announcement, which is expected soon. But Upton said the United States needs to update outdated policies that make it more difficult to take advantage of newly discovered oil and natural gas reserves and other recent developmentsMore

LaFleur: FERC moving to protect 'sensitive' information on the grid
Environment & Energy Publishing
The Federal Energy Regulatory Commission erred in 2013 when it failed to consult with the Departments of Energy and Homeland Security over sharing "sensitive, nonpublic" information on critical energy infrastructure with industry that had national security implications, Chairwoman Cheryl LaFleur said recently. Had she been FERC's leader at the time, "what I hope I would have done is recognize that when we're working with national security, we should make a call to the DOE and the DHS and not do something like this alone," LaFleur said in an interview.More

Why Europe wants to build an energy union
Oilprice.com via The Christian Science Monitor
European nations met in Latvia recently to devise a strategy to unify their energy sectors. The Feb. 6 meeting in Riga by European Union energy ministers sought to find ways to increase interconnections across the continent to better insulate countries from dependence on Russia for natural gas. It also hopes to support new and cleaner generation — the EU has passed ambitious energy and climate goals for 2030, but still lacks the legal framework to achieve those goals, as the IEA noted in a 2014 report.More

West Virginia Gov. Tomblin signs bill repealing energy act
The first bill signed into law in this year’s regular legislative session in West Virginia repeals a current state law. Gov. Earl Ray Tomblin signed House Bill 2001 Tuesday repealing the state’s Alternative Renewable Energy Portfolio Act. The act, approved in 2009 when current U.S. Senator Joe Manchin was governor, requires electric utilities to increase the percentage of alternative fuels they use in producing energy. Many members of the current legislature said the law was anti-coal. More

CFEBA Announces Grant Award Recipients
The Charitable Foundation of the Energy Bar Association (CFEBA) Board of Directors awarded $10,000 each to two (2) non-profits at its January board meeting. The first recipient, Arlington Thrive, Inc., will use its CFEBA award of $10,000 to help residents of Arlington, Virginia, who because of financial crisis, are in need of emergency monetary assistance with their utilities bills. In addition, Global Solace Inc. of Beallsville, Maryland, will use CFEBA funds to install a fully functional solar electric system for a rural school and health clinic in Carcasse, Haiti. Because of EBA Member donations, the CFEBA is able to award funds that make a positive impact for the less fortunate in the United States and those abroad. Please continue to support CFEBA financially as they strive to support other energy-related charitable endeavors.More

The Myth of Liberalization
The current issue of the Energy Law Journal has a fascinating discussion about the extent of liberalization of Russian LNG exports. "The Myth of Liberalization: the 2013 Changes in the Russian LNG Export Regime" was written by Roman Sidortsov, a Doctoral Researcher at the Scott Polar Research Institute and a member of Churchill College at the University of Cambridge in the United Kingdom. Mr. Sidortsov suggests that many energy experts were quick to label the 2013 amendments to two Russian statutes governing LNG exports as liberalization. Although the Amendments effectively ended Gazprom’s monopoly on LNG exports, they failed to truly liberalize the LNG sector. According to Mr. Sidortsov, the degree of the Russian government’s involvement and control, and not the mere number of actors allowed to participate in an oil and gas-related activity, should serve as the main criteria for determining the liberalization effect of a particular legislation. He concludes that the LNG Export Amendments were enacted to serve the companies that the Russian government controls via ownership and/or personal connections and thus have left the Russian LNG export sector under heavy government control.

*Since 1980, the Energy Law Journal has provided great value to the Energy Bar Association's members. The Journal provides in-depth analyses on current, salient issues affecting members and their clients and businesses and provides a forum for the exploration and understanding of new, cutting edge issues. The Journal is a benefit to EBA members and subscriptions are available to non-EBA members. More

Still Time to Register! Overview of Air Regulations and Actions Affecting O&G Development
Join the Rocky Mountain Chapter for a TELESEMINAR addressing an Air Regulations and Actions Affecting O&G Development today, February 11th, at 12pm (MT). Scott Janoe and Michael Schon, of Baker Botts will provide an overview of federal and state air regulations as well as air quality attainment issues, regulations affecting flaring, and environmental enforcement activities. The session will last approximately 35 minutes with ample time for questions and answers at the conclusion. CLE is Pending approval. Contact Michele Smith at michele@eba-net.org by 10am MT/12pm ET to register and she will promptly provide the teleconference instructions and materials. More

Energy Enforcers and Defenders Forum
The Energy Bar Association Compliance & Enforcement Committee and George Washington University Law School will hold an Energy Enforcers and Defenders Forum on March 3, 2015. This special event is designed for CFTC, DOT, FERC, and NERC staff and private practitioners.More

Energy Law 2015 — New Energy Markets and Regulation in the West
The 14th Annual EBA Western Chapter Meeting will be held at the Hyatt Regency San Francisco Hotel, in San Francisco, CA on March 5-6, 2015.

New energy technologies and regulatory initiatives are driving progress in energy markets and creating challenges for market participants in the Western region. This CLE-approved program will provide insight into this energy market evolution and how federal and state regulators and industry players are responding to these challenges. More

EBA Annual Meeting and Conference
The 2015 EBA Annual Meeting & Conference will be held in the Washington, DC metropolitan area, where you will have the opportunity to gain a fresh perspective this May and experience our two-day conference, filled with engaging speakers, educational and interactive networking opportunities.

To get more information, visit: http://eba-net.org/2015-eba-annual-meeting-conferenceMore