Energy

The Trademark Modernization Act of 2020 Adds New Tools to Fight Unused Trademarks and Implied Presumptions for Trademark Infringement Plaintiffs

January 15, 2021

Buried in the 5,500-page Consolidated Appropriations Act for 2021 among various COVID-19 relief was the Trademark Modernization Act of 2020 (“TMA”). The TMA, which will become effective on December 27, 2021, makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce. For litigants, the TMA also adds important clarity to the Lanham Act’s standard for obtaining…

Energy Forward

Brazil’s National Agency of Petroleum Publishes Resolutions Maintaining Measures Related to COVID-19

By Bruno Triani Belchior, Daniane Carvalho & Barbara Eiroa Leite

January 14, 2021

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 by entities regulated by the ANP that perform oil and natural gas exploration and production activities, also in consideration of…

The Nickel Report

Asbestos Reporting and Regulation to be a TSCA Focal Point for EPA in 2021

By Alexandra B. Cunningham, Matthew Z. Leopold, Gregory R. Wall & Elizabeth Reese

January 14, 2021

A flurry of asbestos-related activity in the last weeks of 2020 will require the United States Environmental Protection Agency (EPA) to devote significant regulatory attention to asbestos in 2021. The incoming Biden Administration will need to address these Toxic Substances Control Act (TSCA) developments, and the scope of that response will determine whether regulatory implications extend beyond asbestos to other chemical substances.…

New Nuclear

Nuclear Industry Recap of 2020

By Sachin Desai & Amy Roma

January 14, 2021

The year 2020 is surely to be remembered for the pandemic that swept the globe and affected the lives of millions of people and touched practically every industry sector. Despite the hardships faced, the nuclear industry has thrived with its promise of coupling American innovation and a zero-carbon energy solution. This blog post will highlight some of the most notable 2020 activities in nuclear. Nuclear Regulatory Commission The Nuclear Regulatory Commission (NRC) boasts a number…

Emerging Energy Insights

Obstacles on the Horizon for Coal Sector Under New Biden Administration

By Megan Caldwell

January 14, 2021

Partner Megan Caldwell recently published “Trump Makes Last Minute Push to Boost Coal, But Biden Presidency’s Vow to Decarbonize Power Generation Causes Concern” in Coal Age, discussing recent and anticipated changes impacting the coal industry as the Trump administration ends and Biden kickstarts his ambitious clean energy agenda. Read the article here.…

Pipelaws

Gas Pipeline Regulatory Reform Rule Finalized

By Catherine D. Little, Annie M. Cook & Viktoriia De Las Casas

January 14, 2021

On January 11, the Pipeline and Hazardous Materials Safety Administration (PHMSA) finalized its June 2020 proposed rulemaking intended to reduce regulatory burdens and offer greater flexibility to gas pipeline operators, previously discussed in our post here. Pipeline operators may voluntarily comply with the rule starting on the effective date of March 12, 2021, but mandatory compliance is not required until October 1, 2021. Although the rule implements moderate changes to the pipeline safety regulations,…

Energy Law Report

Ohio Supreme Court wraps up 2020 by repeatedly reminding state agencies to stay in their statutory lanes

By Chris Baronzzi, Brett Thornton & Brad Hughes

January 14, 2021

Recent decisions issued by the Ohio Supreme Court have provided reminders that there are meaningful limits to the jurisdiction and powers of the Public Utilities Commission of Ohio (PUCO) and other state agencies. Those challenging the final orders and decisions of Ohio’s various state commissions and agencies often find themselves facing a steep uphill climb. In addition to demonstrating prejudicial error, such challengers face entrenched doctrines of judicial deference to agency decision-making.…

Energy Law Report

From the editors: New name and expanded focus

By Brett Thornton, Chris Baronzzi & Brad Hughes

January 14, 2021

Porter Wright has provided advice and industry insight to our energy clients and to the broader community for decades. In order to accurately reflect the scope of our experience and capabilities, and to continue to provide the latest energy-related updates and information in an easily accessible way, we have expanded and relaunched our Oil & Gas Law Report blog as the Energy Law Report.…

The Nickel Report

TCEQ Develops Standard Permit for Marine Loading Operations

By Lisa Montgomery Shelton

January 13, 2021

On December 18, 2020, the Texas Commission on Environmental Quality (TCEQ) published notice of its intent to issue a non-rule standard permit for Marine Loading Operations (MLO). [i] The 30 day comment period ends on January 22 and instructions for the submittal of written comments are provided in the notice. A telephonic public meeting will be held on January 21 at 10:00 a.m. Instructions for participation are provided in the notice. In addition, the standard…

Washington Energy Report

FERC Accepts SPP Energy Imbalance Market Proposal

By Katherine O'Konski & Elizabeth McCormick

January 13, 2021

On December 23, 2020, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposal to implement the Western Energy Imbalance Service Market (“WEIS Market”), a voluntary market providing for security-constrained economic dispatch to balance supply and demand every five minutes. SPP’s proposal consisted of a Tariff to implement the WEIS Market, a joint dispatch agreement executed by eight participating entities, and the Western Markets Executive Committee Charter to establish the WEIS Market’s governance structure and procedures. The…