News & Analysis as of October 19, 2024

Renewable Energy

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Battery storage M&A powers into 2024

White & Case LLP on 5/21/2024

Battery energy storage systems (BESS), which enable utility companies and grid operators to access pools of surplus renewable energy on demand that would otherwise be wasted, play a central role in the global energy...more

10 lessons in sustainability regulation

A&O Shearman on 3/7/2024

Creating an effective regulatory framework will be critical to deliver Net Zero. But does that mean more – or less – regulation? From trade agreements to taxonomies, carbon adjustment mechanisms to corporate sustainability...more

Exodus From The Energy Charter Treaty – What is Left of Europe’s Protections for Investors?

Proskauer - Minding Your Business on 1/16/2024

As of January 2024, France, Germany and Poland have officially withdrawn from the Energy Charter Treaty (ECT). Their decision to withdraw from the treaty follows a recent European Commission proposal for a mass exodus from...more

Private capital's place in the Middle East energy transition

A&O Shearman on 11/29/2023

Ambitious plans for renewable energy projects will create long-term opportunities for private funds and sovereign investors in the region, say Ben Ward and Kamar Jaffer. They explore the trends in private markets and what...more

Antitrust Issues in Renewable Energy - November 2023

Vinson & Elkins LLP on 11/13/2023

Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. Europe generated almost 40% of its electricity from renewable sources in...more

Infrastructure Insights - October 2023

Latham & Watkins LLP on 10/26/2023

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Delivering Net Zero by 2050: the $200 trillion opportunity

A&O Shearman on 9/25/2023

Until now, however, no comprehensive estimate existed of the of that opportunity, (or, to put it another way, the size of the financing gap between committed spending and the investment needed to deliver Net Zero by 2050...more

There is no turning back for the global energy transition

White & Case LLP on 2/2/2023

Ambitious net-zero targets will unquestionably be the biggest catalyst for M&A in the energy sector for years to come - The race is on to achieve carbon neutrality, and this is providing one of the biggest investment...more

Green Power and the Protections of Intra-EU Energy Investment

Latham & Watkins LLP on 8/18/2022

The tribunal in Green Power v. Kingdom of Spain declined jurisdiction, finding that the parties had not validly consented to arbitration under the Energy Charter Treaty. A tribunal seated in Sweden has become the first...more

Renewables push drives M&A in Japan’s energy sector

White & Case LLP on 5/6/2022

Ambitious decarbonization targets and high investment returns are drawing interest from both local and international buyers - M&A in Japan’s energy and utilities sectors has reached a new peak in recent years, with 24 deals...more

Energy Transition and Investor-State Disputes

White & Case LLP on 4/8/2022

Past and current investor-state disputes relating to the energy transition may provide valuable lessons for what lies ahead. The global energy sector is transitioning from fossil fuels to increased use of renewable energy....more

International Legal Highlights - December 2021

McDermott Will & Emery on 12/16/2021

CROSS-PRACTICE TEAM RECOVERS $6 MILLION FROM BITCOIN THIEF IN SHORT ORDER - The Challenge: In the emerging cryptocurrency space, most investors store their assets in digital wallets, where—unlike traditional bank...more

International News: Spotlight on the Energy Industry - Issue 2 2021

McDermott Will & Emery on 10/5/2021

US RENEWABLES: INVESTMENT OPPORTUNITIES PERSIST IN UNCONVENTIONAL PLACE - Apart from a few challenges, the sellers’ market in renewable energy is accelerating under the Biden administration, leading international investors...more

ESG takes center stage amid economic crisis and social unrest

White & Case LLP on 8/7/2020

Strong ESG credentials and long-term plans to improve their relationship with society and the environment are increasingly important to ensure companies’ access to capital. Environmental, social and governance (ESG) matters...more

JONES DAY TALKS®: Riding the Green Bond Wave: Focus is on Standards as Volumes Surge

Jones Day on 7/22/2020

Takeaways from this discussion: • Green bond issuance is surging worldwide, surpassing US$257 billion in 2019. • Major corporates, including many not usually associated with climate initiatives, are bringing green...more

Antitrust Issues In Renewable Energy

Vinson & Elkins LLP on 6/22/2020

Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2020, renewable energy is expected to account for approximately 20% of...more

Currents - Energy Industry Insights: Issue 39, October 2019 #4

Spilman Thomas & Battle, PLLC on 10/28/2019

Big Oil’s Climate Change Reckoning Finally Arrives in Court - "New York’s $1.6 billion lawsuit arose from a national effort to hold Big Oil responsible for global warming." Why this is important: The most important...more

Recent ECT Claims - Impact for Energy Investors and Governments

Akin Gump Strauss Hauer & Feld LLP on 10/21/2019

The last few weeks have seen a raft of new investor-state arbitrations under the Energy Charter Treaty (ECT), including the first known investor-state claim against the European Union (EU) itself. These claims largely arise...more

Currents - Energy Industry Insights - May 2018 #5

Spilman Thomas & Battle, PLLC on 6/2/2018

In an Internal Memo, the White House Considered Whether to Simply 'Ignore' Federal Climate Research - "The document, drafted September 18 by Michael Catanzaro, President Trump's special assistant for domestic energy and...more

EU to Fast-Track 2030 Climate and Energy Policy Post-COP 21

Latham & Watkins LLP on 4/18/2016

The Paris Agreement, adopted by 195 countries following the 21st session of the Conference of Parties (COP 21), is the first multilateral agreement on climate change that covers almost all of the world’s emissions. The Paris...more

What Does COP-21 Mean for Business?

Latham & Watkins LLP on 2/2/2016

6 Answers From Around the Globe - The historic COP-21 Paris Agreement on climate change is the first major development in the climate area at the international level since adoption of the Kyoto Protocol in 1997. ...more

The Rise in Arbitration Claims Filed by Renewable Energy Investors Under the Energy Charter Treaty

Akin Gump Strauss Hauer & Feld LLP on 11/4/2015

In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more

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