Federal elections held nationwide on November 4 ushered in Republican control of the U.S. Senate and expanded the Republican majority in the U.S. House of Representatives. The Republicans now hold majorities in both houses of Congress, but because their majorities will not overcome a veto by President Barack Obama, a Democrat, Republicans will not wield unlimited legislative power. Although Congress is likely to remain deadlocked on major issues, the election may signal significant shifts in priorities for liquefied natural gas (LNG) export policies in the 114th Congress.
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2014 Midterm Elections: Implications For U.S. LNG Exports
By Michael O'Neil, Sandra Safro, James Sartucci, David Wochner | K&L Gates LLPSign up and get Breaking Energy news in your inbox.
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By Dionne Lomax | Mintz Levin - Energy & Clean Technology MattersOn November 17, 2014, Halliburton Company (“Halliburton”) announced plans to acquire Baker Hughes, Inc. (“Baker Hughes”) for $34.6 billion. Halliburton and Baker Hughes are two of the world’s largest oilfield services companies, providing drilling, formation evaluation, reservoir consulting and related services to oil and gas producers. Halliburton and Baker Hughes are reportedly considered two of the big three global oilfield services companies in the industry, second and third behind Schlumberger Ltd. (“Schlumberger”), the leading oilfield services company in the world. Although Schlumberger is reportedly the largest oilfield service company, reducing suppliers from 3 to 2 in any market will inevitably raise red flags with the Department of Justice (the agency expected to review the transaction), who will undoubtedly conduct a thorough antitrust review.
Denton Becomes First Texas City to Ban Hydraulic Fracturing
By Adam Garmezy | Akin Gump Strauss Hauer & Feld LLPOn Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not prevent conventional drilling operations, the ban essentially forbids fracing, effectively expelling the drilling industry from city limits. Other municipalities sitting on top of the Barnett Shale—such as Fort Worth, Dallas and Arlington—have grappled with urban drilling as well, but Denton’s complete prohibition marks the first of its kind in Texas.
In 2014, Will Congress Pass Any Maritime Legislation?
By Jonathan Waldron | Blank Rome LLPMaritime Reporter and Engineering News
Following its usual summer break over August 2014, Congress came back from its five-week summer recess and spent a whopping eight days or so back in session before recessing once again, approximately a week early, to hit the campaign trail for the November elections. This essentially means that including the summer recess, Congress will have been in session for a total of about eight days between the end of July and the middle of November 2014. No wonder why Congress has not been able to accomplish much this year, to date.
Ohio Elections Yield Mixed Results on Local Hydraulic Fracturing Bans
By Andrew Doggett | BakerHostetlerWrap-Up of Federal and State Chemical Regulatory Developments, 11/14
By Bergeson & Campbell, P.C.EPA Proposes To Remove 72 Chemicals From Approved Pesticide Inert Ingredients List: On October 22, 2014, the U.S. Environmental Protection Agency (EPA) requested public comment on a proposal to remove 72 chemicals from its list of substances approved for use as inert ingredients in pesticide products. 79 Fed. Reg. 63120. EPA reportedly is responding to petitions submitted by the Center for Environmental Health, Beyond Pesticides, Physicians for Social Responsibility, and others that have asked EPA to issue a rule requiring disclosure of 371 inert ingredients found in pesticide products. EPA developed an alternative strategy designed to reduce the risks posed by hazardous inert ingredients in pesticide products more effectively than by disclosure rulemaking. EPA outlined its strategy in a May 22, 2014, letter to the petitioners, which is available online. Many of the 72 inert ingredients targeted for removal are on the list of 371 inert ingredients identified by the petitioners as hazardous. The 72 chemicals are not currently being used as inert ingredients in any pesticide product and include:
Historic U.S.-China Agreement to Cut Greenhouse Gas Emissions
By Peter Fontaine | Cozen O'ConnorIn a surprise announcement last evening from Beijing, President Obama and Chinese President Xi Jinping committed to ambitious cuts in carbon emissions over the next 15 years with the hope of preventing catastrophic global warming. The joint announcement calls for the United States, by 2025, to reduce carbon emissions by 26-28 percent below 2005 levels and for China to reduce net carbon emissions starting in 2030 or earlier and to increase the overall share of non-fossil fuels in primary energy consumption to around 20 percent by 2030. The announcement lays the groundwork for a global agreement to reduce carbon emissions at the United Nations Climate Conference in Paris in December 2015.
DOE Offers All-In-One Application Tool For Small Businesses
By Lynn L. Bergeson | Bergeson & Campbell, P.C.DOE has developed a small business “All-in-one Application Tool” for small businesses looking for funds to advance clean energy technologies. The online tool provides a guide for potential applicants for the topics under the DOE Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Among the nine topics identified by SBIR is bioenergy, with particular focus on biomass conversion systems, coatings for metal combustors, and solid-liquid separations for algal systems.
Numerous Parties Line Up in Support of Petition in Delta Smelt Case
By Paul Weiland | Nossaman LLPAs we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme Court. The petition was filed after a divided panel of the United States Court of Appeals for the Ninth Circuit issued a decision affirming a biological opinion issued by the U.S. Fish and Wildlife Service with respect to continuing operations of the federal Central Valley Project and State Water Project. The panel held that the biological opinion and accompanying reasonable and prudent alternative do not violate the Administrative Procedure Act and Endangered Species Act. The deadline to file amicus briefs in support of the petition was November 6, 2014.
DOE Releases Climate Plans
By Lynn L. Bergeson | Bergeson & Campbell, P.C.On October 31, 2014, the U.S. Department of Energy (DOE) released two plans related to climate change. The Strategic Sustainability Performance Plan and the Climate Change Adaptation Plan are intended to reduce greenhouse gas emissions and prepare for flooding, rising sea levels, and extreme temperatures/weather patterns. These plans come five years after the 2009 Executive Order on Environmental, Energy, and Economic Performance that set energy, climate, and environmental goals for government agencies. The release of the plans gave Energy Secretary Dr. Ernest Moniz an opportunity to outline how the use of clean energy resources, as part of the Strategic Sustainability Performance Plan, has been implemented within the Department. DOE has increased the number of buildings that achieved federal guiding principles for high performance and sustainable buildings. It has completed a biomass cogeneration facility in South Carolina and an 11.5 megawatt wind farm, both of which serve to reduce the use of non-renewable energy. DOE was also recognized as a 2014 GreenGov Presidential Award Winner for its work with the U.S. Department of Transportation (DOT) to produce a five percent reduction in DOT’s total fuel consumption, and a 20 percent increase in DOT’s use of alternative fuels.