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Welcome to McDermott’s Energy Business Law Blog

Welcome to McDermott’s Energy Business Law Blog.  Our objective in this forum is to provide our readers with insights into the evolving regulatory, business, tax and legal issues affecting the U.S. and...

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Electricity Industry May Escape Regulation Under New Swaps Rule

by Ari Peskoe In a joint-rulemaking finalized last month, the Commodities Future Trading Commission (CFTC) and the Securities Exchange Commission (SEC) declined to adopt specific exemptions for the...

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ICE Announces Conversion of Cleared OTC Energy Products to Futures

by Ari Peskoe IntercontinentalExchange (ICE) announced June 30 that it will convert all of its cleared over-the-counter (OTC) derivative products listed on its OTC energy market to futures.  Cleared...

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SEC Shines Light on Resource Extractor Payments

by Obiamaka P. Madubuko and James M. Commons On August 22, 2012, the U.S. Securities and Exchange Commission (SEC) issued final rules on Section 1504 of the Dodd-Frank Act, which requires resource...

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D.C. District Court Rejects CFTC’s Position Limits Rule

by Ari Peskoe and William Friedman The Commodity Futures Trading Commission (CFTC) has met resistance in its attempt to implement parts of the Dodd-Frank financial reform less than two weeks before...

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FERC General Counsel Argues Applying Dodd-Frank Regulations to RTO/ISO...

by Elizabeth P. Philpott The Federal Energy Regulatory Commission (FERC) General Counsel recently argued to the Commodity Futures Trading Commission (CFTC) that “[a]pplying Dodd-Frank swap regulations...

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CFTC’s Dodd-Frank Rulemaking: Still a Work in Progress

by Robert Lamkin The Dodd-Frank Act was signed into law more than two years ago, but the energy industry remains mired in uncertainty as the U.S. Commodity Futures Trading Commission (CFTC) continues...

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European Parliament Endorses EMIR Technical Standards

by Simone Goligorsky On February 7, 2013, it was announced that the Economic and Monetary Affairs (ECON) Committee of the European Parliament (EP) was withdrawing its objection to the technical...

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Transatlantic Derivatives Consensus: Landmark Step for EC/US Cooperation

by Simone Goligorsky and David McDonnell On 11 July 2013, the European Commission (EC) and the United States Commodity Futures Trading Commission (CFTC) announced a high-level joint understanding,...

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Energy Regulators FERC, CFTC Finally Reach Proactive Understanding on...

Primary regulators of energy transactions, the Federal Energy Regulatory and Commodity Futures Trading Commissions (FERC, CFTC or jointly Participating Agencies) began the new year by entering on...

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CFTC Proposes Reversing Course, Granting Private Right of Action in Energy...

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private right of action to enforce violations of the...

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