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OEHHA Requires Proposition 65 Warnings for BPA, Including for Items Sold Over the Internet

California’s Office of Environmental Health Hazard Assessment (OEHHA) recently took a further step toward expanding the scope of state Proposition 65 regulations to out-of-state online retailers that sell into California when it issued an emergency regulation under Proposition 65 for canned and bottled foods and beverages containing bisphenol A (BPA).[1] The emergency regulation provides recommended … Continue Reading

Potential CFTC Regulatory Changes for Energy Market Participants Highlighted by Commissioner Scott O’Malia

At a recent speech at an energy industry conference CFTC Commissioner Scott D. O’Malia highlighted energy market participant concerns with the CFTC’s Dodd-Frank Rulemakings.  These concerns indicate potential regulatory changes at the CFTC that could impact energy market participants. Commissioner O’Malia noted that the CFTC must re-visit the swap dealer definition rule to “establish a … Continue Reading

FERC and CFTC Launch Information Sharing MOU

Earlier this year, the CFTC and FERC announced an information sharing Memorandum of Understanding (MOU) between the two agencies. The agencies have now announced that they have begun sharing market data pursuant to this MOU.  In addition, they have created an Interagency Surveillance and Data Analytics Working Group “to coordinate information sharing between the agencies … Continue Reading

Director of FERC Enforcement Highlights Need for Jurisdictional Clarity and Improved Information Sharing with CFTC, Role of Financial Institutions in Physical Markets

Norman Bay, Director of FERC’s Office of Enforcement, testified yesterday before the Senate Subcommittee on Financial Institutions and Consumer Protection regarding regulations for financial holding companies and physical commodities. In prepared remarks, Mr. Bay stated that FERC has the “tools necessary to effectively police FERC-regulated markets” but identified two regulatory limitations to its oversight efforts.  … Continue Reading

Law360 Names Covington “Energy Practice Group of the Year”

Here at Inside Energy & Environment we are honored to share that Law360 has named Covington’s energy practice as a 2013 “Energy Practice Group of the Year.”  In giving this award, Law360 recognized the breadth of Covington’s practice capabilities (including litigation, transactions, regulatory and government policy) in both the traditional energy and clean energy sectors, … Continue Reading

FERC and CFTC Enter into Long-Awaited MOUs in Response to Dodd-Frank Act

On January 2, 2014, the Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC) entered into two Memoranda of Understanding (the MOUs) to set forth procedures to address circumstances of overlapping jurisdiction (the Jurisdiction MOU) and to share information in connection with market surveillance and investigations into potential market manipulation, fraud or … Continue Reading

Barclays Moves to Dismiss FERC Market Manipulation Suit

Barclays Bank and four of its traders (collectively, “Barclays”) moved on December 16, 2013 to dismiss charges of market manipulation brought by FERC’s Office of Enforcement.  FERC’s complaint seeks to affirm a combined $488 million in civil penalties and disgorgement in federal court for the Eastern District of California based on its claim that Barclays … Continue Reading

FERC Sues in Federal Court to Affirm Demand Response Manipulation Orders

FERC on December 2 filed two suits in the District of Massachusetts to affirm orders alleging market manipulation in the ISO New England demand response market in 2007 and 2008. In the first case (docket number 13-13054), the Commission seeks to affirm its August 29, 2013 order finding that Competitive Energy Services (CES), an energy … Continue Reading
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