The U.S. Department of the Interior has long wrestled with how to manage the risk associated with the costly decommissioning of offshore oil wells in federal waters. In recent years, the Department has released, revised, and...more
On 15 July 2024, 10 days into the UK Labour Government, the North Sea Transition Authority (“NSTA”, formerly known as the Oil and Gas Authority) announced that its Directorate of Regulation is opening an investigation into...more
Background and General Provisions - Governor Brian Kemp recently signed House Bill 300 (the “Act”), which amends the Solar Power Free-Market Financing Act of 2015 by adding decommissioning requirements that must be...more
For a decade, the U.S. Department of the Interior has wrestled with financial assurance (or bonding) requirements for offshore oil and gas companies. Over the last 10 years, the Interior Department has released – and later...more
The Energy Act 2023 (the “Act”) (in force as from 26 October 2023) amends model clauses contained in exploration and production licences to introduce requirements for consent to be obtained from the North Sea Transition...more
On February 14, Massachusetts Attorney General (AG) Andrea Joy Campbell filed a civil lawsuit against Holtec Decommissioning International LLC and its affiliate Holtec Pilgrim LLC (Holtec), alleging the improper handling of...more
Massachusetts AG Andrea Joy Campbell filed a lawsuit against Holtec Decommissioning International LLC and Holtec Pilgrim LLC (collectively, “Holtec”) alleging that Holtec violated the state’s Air Act and related regulations...more
The article examines the JOA’s main provisions, including rights and duties of the operator, operating committee, work programs and budgets, contract awards, greenhouse gas provisions, exclusive operations, default,...more
On December 13, 2023, the Ohio House Public Utilities Committee adopted a substitute version of H.B. 197 making several amendments to the proposed legislation that authorizes community solar programs in Ohio. The substitute...more
Kilpatrick’s John Livingston recently spoke at “The 2023 Appalachian Clean Energy CLE Workshop” where he led a panel discussing recent legislative updates to the decommissioning requirements in North Carolina for utility...more
First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more
State Requirements For Decommissioning End-Stage Renewable Energy Projects - What Project Participants Need to Know - The first utility scale wind and solar power projects in the United States were developed in the early...more
Decommissioning. A word familiar to all of those who are involved in oil and gas exploration and production around the globe. It is defined in the Cambridge English Dictionary as “taking a factory or other industrial...more
The U.S. Department of the Interior, through its Bureau of Ocean Energy Management (BOEM), published a proposed rule on June 29, 2023, to significantly modify how the agency assesses the offshore oil and gas industry's...more
The NRC published a draft interim staff guidance (ISG) on June 15, 2023, reemphasizing limitations on the use of funds previously reported to the NRC as providing radiological decommissioning funding assurance (DFA)....more
The US Nuclear Regulatory Commission (NRC) requires nuclear power reactor licensees to maintain decommissioning cost estimates and to adjust those estimates periodically to account for inflation and other matters, pursuant to...more
On 16 February 2023, the Association of International Energy Negotiators (“AIEN”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating...more
In February 2023, the Association of International Energy Negotiators (“AIEN”) published the latest version of its Model International Joint Operating Agreement (the “2023 JOA”) and related guidance notes (the “Guidance...more
Welcome to Green Tax, Vol. 2. Each quarter we will provide a recap of some of the important energy tax issues of the last quarter, including court rulings, IRS rulings and guidance, legislative activity, and more. ...more
Louisiana has joined the growing number of states requiring solar producers to provide financial security for clean-up costs associated with shutting down their facilities. The state’s decommissioning statute, signed into law...more
The Pennsylvania legislature is weighing two bills that require decommissioning plans for solar energy projects, and the debate over them among lawmakers illustrates the challenges associated with developing a solution to...more
On 6 April 2022 – Six months after the announcement of preferred bidders for Bid Window 5 – the Department of Mineral Resources and Energy ("DMRE") issued the request for proposals ("RFP") for Bid Window 6 of the Renewable...more
In Central Boat Rentals, Inc. et al. v. M/V NOR GOLIATH, the Fifth Circuit once again considered what was a “necessary” provided to a vessel that gave rise to a maritime lien under the Commercial Instruments and Maritime...more
On March 18, 2022, the U.S. Department of Energy (DOE), Solar Energy Technologies Office (SETO) released its Photovoltaics End-of-Life Action Plan. SETO’s Plan recognizes the current reality for solar PV panels that have...more
As renewable energy projects approach the end of their lifespan, companies may face various legal issues associated with the decommissioning or repowering processes, some of which may lead to litigation....more