Tools Available to Learn More About Tribal Energy Development in 2020
By Kayla Gebeck and Tara S. Kaushik
The U.S. Department of Energy (DOE) issued a 2012 report, Developing Clean Energy Projects on Tribal Lands, which found that while land owned by tribes comprises approximately 2 percent of the United States, this same land has the potential to produce 5 percent of the country’s renewable energy sources. Notwithstanding this potential, Indian Country continues to lag behind the rest of the country in accessing, developing and transmitting efficient energy. Moreover, Indian Country suffers from widespread areas that remain in the dark without electricity or the infrastructure to support it. For instance, the U.S. Commission on Civil Rights’ Broken Promises report found that an estimated 14 percent of households in Indian Country do not have access to electricity, which is 10 times higher than the national average.
Recently, the DOE Office of Indian Energy Policy and Programs took one step of many required to address these issues. The DOE announced that it would host a monthly 2020 Tribal Energy Webinar Series intended for tribal leaders, tribal staff and others interested in energy development in Indian Country. The webinars will focus on how to accomplish specific tasks related to energy development on tribal lands. The 2020 series began on Feb. 26, 2020, with a webinar on “Energy Efficiency Basics.” In case you missed it, access to slides and additional information on lessons learned is available on the DOE website.
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ELECTRIC COOPERATIVES
Electric Cooperatives’ Arbitration Agreement Upheld
By Christina M. Schwing, Derek K. Mountford and Robert M. Gore
Rural electric power associations (EPAs) in Mississippi breathed a collective sigh of relief in February, as several cooperatives obtained favorable rulings from Judge Keith Starrett of the U.S. District Court for the Southern District of Mississippi. After several months of intense litigation, Coast Electric Power Association and Dixie Electric Power Association received confirmation that the arbitration agreement found in their respective bylaws were binding on members and could be enforced. Starrett’s decision overturned rulings from Mississippi Chancery Courts and mandates the members to individually arbitrate their claims.
For context, eight Mississippi electric cooperatives are being sued for allegedly violating Mississippi law in the retention and retirement of capital credits. The cooperatives, all represented by Holland & Knight, have unequivocally denied the claims and believe that these cases are being brought by members who have been deceived by their attorneys who are only concerned about their financial gain. In many instances, members at the heart of these cases were unaware that they were named as plaintiffs in class action lawsuits and did not know their attorneys.
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OIL AND GAS
Pre-Litigation Decision-Making in the Oil Field
By Julia M. Haines and Jared L. Young
Advancements in oil and gas production have continued to improve over time bringing greater safety and greater recovery to the oil fields. However, despite recent improvements in technology, equipment and training, oil field incidents still pose a risk. Thus, it is crucial to be prepared and have a strategy ready to implement in the event that disaster strikes and the well site becomes compromised. This article details a few initial steps to take to ensure individual safety and to properly preserve evidence.
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About Our Energy and Natural Resources Industry Sector Group
The energy and natural resources industries will play a significant role in shaping the future of the global economy, and they must continue their innovative efforts in timely and responsible ways. In order to keep up with competitors and meet their many challenges, companies in the field need to stay ahead of the curve and be prepared for new issues and challenges. Holland & Knight’s Energy and Natural Resources Industry Sector Group consists of more than 80 experienced attorneys and professionals who work on all facets of transactional, regulatory, legislative and litigation matters related to energy and natural resources. In addition to our work with regulatory bodies such as the Federal Energy Regulatory Commission (FERC), we interface with the White House and key agencies such as the U.S. Environmental Protection Agency (EPA), Department of Energy, Department of Agriculture, Department of Defense and Department of the Interior. We understand the importance of tailoring regulatory strategies to meet the unique needs of a particular client and of accommodating existing and anticipated state and national regulation, technology and infrastructure.
Newsletter Editors
Taite R. McDonald Washington, D.C. +1.202.469.5200 taite.mcdonald@hklaw.com
Beth A. Viola Washington, D.C. +1.202.457.7030 beth.viola@hklaw.com