Whiteford’s Energy & Natural Resources practice provides national representation in the electric, coal, and oil and gas sectors. Our practice in the industry covers restructuring and bankruptcy matters, exploration and development, corporate transactions, easement and other real estate agreements, acquisition and sale of mineral interests, risk and indemnity issues, leases and royalty structures, litigation, regulatory compliance and permitting, financing, environmental matters, intellectual property, labor and employee benefits, and tax issues. Additionally, Whiteford attorneys issue title opinions relating to ownership, mining and drilling rights, for leasing, transactional and financing purposes throughout the Appalachian Basin.
The members of our practice group have represented a wide range of clients in the energy industry in matters involving:
a Central Appalachian producer of thermal and premium metallurgical coal with mining operations in West Virginia and Virginia;
various debtors and creditors in chapter 11 bankruptcy proceedings involving coal, oil and gas producers, energy trading, operation and sale of electric power generation facilities;
owners and operators of substantial electric power generation facilities;
purchasers of mineral rights, including coal, oil and gas;
an international coal broker;
coal mining operators (whose operations included wash plants, loading docks and related facilities);
a leading, publicly traded metallurgical coal producer for the steel industry headquartered in Alabama;
a thermal processing company/servicer to the energy industry;
an oil and gas exploration and production company operating in the Appalachian Basin;
a coal-mining company based in St. Louis, Missouri with mining operations in West Virginia and Kentucky;
a leading energy management and demand response provider in North America;
mining engineers;
a producer of metallurgical coal and thermal coal with coal reserves in Virginia, West Virginia, Kentucky, Wyoming, Utah, Illinois, Tennessee, and Pennsylvania;
an energy company with a focus on energy trading, power generation, and natural gas transmission in North America;
a natural gas distribution company expanding its pipeline network throughout the Mid-Atlantic;
landowners and owners of mineral interests in various states;
biofuel producers and processors;
solar and wind developers, customer-generators, and end users in the development and negotiation of leases and power purchase agreements;
holders of overriding and other royalty interests;
contract parties to oil and gas transactions; and
lenders to energy companies in transactions, including out of court workouts and debt-for-equity swaps.
The rapid expansion of data centers is reshaping demand for public infrastructure. Hyperscale and AI-driven facilities require reliable power, along with water for cooling, upgraded roads and expanded fiber. States and localities competing to attract these projects are discovering that the electricity grid buildout accompanying them may rival the data centers themselves in cost. For public finance professionals, that means grappling with private business use limits on tax-exempt bonds and the public infrastructure needs these projects generate.
The rapid expansion of data centers is reshaping demand for public infrastructure. Hyperscale and AI-driven facilities require reliable power, along with water for cooling, upgraded roads and expanded fiber. States and localities competing to attract these projects are discovering that the electricity grid buildout accompanying them may rival the data centers themselves in cost. For public finance professionals, that means grappling with private business use limits on tax-exempt bonds and the public infrastructure needs these projects generate.
A force majeure notice arrives from your counterparty citing the Strait of Hormuz crisis, Iranian strikes or related government action. The notice claims performance is impossible and seeks to suspend or terminate obligations. This wave of notices was triggered in earnest by QatarEnergy’s recent declaration of force majeure on multiple long-term LNG supply contracts — a direct consequence of production disruptions and the ongoing closure of the Strait of Hormuz amid the Iran War.
Your first instinct may be to accept it. Resist that instinct. A force majeure notice is an assertion, not a legal determination. Whether it succeeds depends on the contract language, governing law and the invoking party’s compliance with every contractual and legal requirement. Receiving parties who respond strategically often preserve — or even strengthen — their position.
This alert builds on our earlier guidance on potential geopolitical disruptions amid the Iran War and implications for force majeure and performance obligations in contracts, which focused on proactive contract review before a force majeure notice arrives. You can read the prior alert here.
A force majeure notice arrives from your counterparty citing the Strait of Hormuz crisis, Iranian strikes or related government action. The notice claims performance is impossible and seeks to suspend or terminate obligations. This wave of notices was triggered in earnest by QatarEnergy’s recent declaration of force majeure on multiple long-term LNG supply contracts — a direct consequence of production disruptions and the ongoing closure of the Strait of Hormuz amid the Iran War.
Your first instinct may be to accept it. Resist that instinct. A force majeure notice is an assertion, not a legal determination. Whether it succeeds depends on the contract language, governing law and the invoking party’s compliance with every contractual and legal requirement. Receiving parties who respond strategically often preserve — or even strengthen — their position.
This alert builds on our earlier guidance on potential geopolitical disruptions amid the Iran War and implications for force majeure and performance obligations in contracts, which focused on proactive contract review before a force majeure notice arrives. You can read the prior alert here.
A coalition of ten Republican state attorneys general recently sent letters to companies participating in plastics-related section 501(c)(3) and section 501(c)(6) organizations, warning that their participation may violate federal and state antitrust and consumer protection laws. This development is part of a broader trend of regulatory agencies and state officials using antitrust scrutiny to target nonprofits and associations for what some view as political reasons. Nonprofits, trade associations and their members should carefully review their involvement in collective industry initiatives and consider seeking legal guidance to navigate this evolving regulatory climate.
A coalition of ten Republican state attorneys general recently sent letters to companies participating in plastics-related section 501(c)(3) and section 501(c)(6) organizations, warning that their participation may violate federal and state antitrust and consumer protection laws. This development is part of a broader trend of regulatory agencies and state officials using antitrust scrutiny to target nonprofits and associations for what some view as political reasons. Nonprofits, trade associations and their members should carefully review their involvement in collective industry initiatives and consider seeking legal guidance to navigate this evolving regulatory climate.
On September 6th, the Maryland Department of the Environment (“MDE”) officially withdrew the proposed regulations it had previously issued in December 2023, creating statewide Building Energy Performance Standards (“BEPS”) and replaced them with an entire new set of proposed BEPS regulations. The BEPS are required as part of the implementation of the Climate Solutions Now Act of 2022, which mandates that certain buildings (generally 35,000 square feet and larger, with some buildings being exempt) in Maryland achieve net zero greenhouse gas emissions by 2040, with initial reduction standards having to be attained in 2030, and building owners required to report energy data in 2025.
On September 6th, the Maryland Department of the Environment (“MDE”) officially withdrew the proposed regulations it had previously issued in December 2023, creating statewide Building Energy Performance Standards (“BEPS”) and replaced them with an entire new set of proposed BEPS regulations. The BEPS are required as part of the implementation of the Climate Solutions Now Act of 2022, which mandates that certain buildings (generally 35,000 square feet and larger, with some buildings being exempt) in Maryland achieve net zero greenhouse gas emissions by 2040, with initial reduction standards having to be attained in 2030, and building owners required to report energy data in 2025.
For companies whose operations are subject to strict federal regulations – and particularly those that are facing or may be facing enforcement actions – take note. The U.S. Supreme Court may have just leveled the playing field. On Friday, June 28, 2024, the Supreme Court overturned a long-standing legal precedent that instructed courts to defer to federal agencies’ interpretations of ambiguous laws they administer. Instead, federal laws will be interpreted by the courts. Federal agencies will need to prove their cases, including enforcement actions where an arguably ambiguous statute is at issue. This is good news for businesses in the U.S.
For companies whose operations are subject to strict federal regulations – and particularly those that are facing or may be facing enforcement actions – take note. The U.S. Supreme Court may have just leveled the playing field. On Friday, June 28, 2024, the Supreme Court overturned a long-standing legal precedent that instructed courts to defer to federal agencies’ interpretations of ambiguous laws they administer. Instead, federal laws will be interpreted by the courts. Federal agencies will need to prove their cases, including enforcement actions where an arguably ambiguous statute is at issue. This is good news for businesses in the U.S.
Whiteford has announced that Clare Lewis has joined the firm as a Partner in Richmond. Ms. Lewis represents independent sponsors, private equity and venture capital fund investors, and emerging growth and middle market companies on mergers and acquisitions, equity financings, corporate governance, fund formations and other matters.
Whiteford has announced that Clare Lewis has joined the firm as a Partner in Richmond. Ms. Lewis represents independent sponsors, private equity and venture capital fund investors, and emerging growth and middle market companies on mergers and acquisitions, equity financings, corporate governance, fund formations and other matters.
