New trade arrangement incentivizes power operators to be more energy-efficient.

By Paul A. Davies, R. Andrew Westgate, Qingyi Pan, and Jacqueline J. Yap

On January 1, 2021, the long-awaited China Emissions Trading Scheme (ETS) commenced operation, with 2,225 coal-fired power plants participating. Under this new ETS, China’s power operators will have to buy emissions permits if their coal plant exceeds carbon intensity benchmarks, giving power operators an incentive to improve efficiency. Since 2011, China has developed pilot emissions trading platforms in nine cities and provinces, paving the way for a national trading scheme that was first announced in 2017, along with an emissions trading market development plan for the power generation sector. After almost four years of development, the first annual compliance cycle officially began on January 1. China’s Ministry of Ecology and Environment (MEE) has published several policy documents on the national ETS that establish regulatory authority and specify general rules for key areas of market operation and design, including the Carbon Emissions Rights Trading Regulations (Trial), which was published in November 2020.

Latham lawyers discuss the forces driving transformation in the market and the key legal and regulatory issues.

By Tommy Beaudreau, Joel Beauvais, Joel Mack, Ryan Maierson, and Janice Schneider

Water management is becoming increasingly critical amid increasing oil and gas production in the Permian Basin and other regions of the United States. In particular, many companies are now seeking to manage larger quantities of produced water, and/or to secure water supplies for drilling activities — leading

By Marc Campopiano and Samantha Seikkula

On June 22, 2016, President Obama signed a bill reauthorizing the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) oil and gas pipeline programs through 2019. Obama’s final stamp on the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act or Act) follows unanimous passage in both the House and Senate. In addition to reauthorizing PHMSA and its associated programs, the Act includes new mandates aimed at strengthening PHMSA’s existing safety procedures and programs.

Pipeline Safety After the completion of a PHMSA pipeline safety inspection, the Act requires the Comptroller General to submit reports to Congress regarding the integrity management programs for gas and hazardous liquid pipeline facilities.  The reports must include, among other requirements: an analysis of technical, operational, and economic feasibility regarding measures to enhance pipeline facility safety; an analysis of the pipeline facility features’ impact on safety; and a description of any challenges affecting Federal and State regulators in the oversight of pipeline facilities.