On Monday, December 21, 2020, the United States Congress passed a second large stimulus bill[1] (the “Relief Bill”) aimed at curtailing the economic disruptions caused by COVID-19. The Relief Bill, among other things, extends renewable energy tax credits for wind projects, solar projects and carbon capture and sequestration and contains specific provisions addressing offshore

Last night, US Congressional leaders announced an agreement on a $900 billion COVID relief bill. While the text of the bill has not been released as of this writing, people familiar with the negotiations have indicated that the deal will extend renewable energy tax credits for wind and solar projects and the Section 45Q carbon

The UK has announced an ambitious target to achieve a net zero carbon economy by 2050. It is widely acknowledged both within the UK government and industry more broadly that hydrogen will play a key role in achieving this target. The potential role of hydrogen in the transport and heating sector is seen as particularly

On 11 November 2020, the UK government published draft legislation, the National Security and Investment Bill (the “Bill”), which will significantly change the treatment of mergers and acquisitions in the United Kingdom and will introduce a new security screening regime separate from competition law. 

Once in force, it will require prior notification and approval of

The Policy of Reliability, Safety, Continuity, and Quality in the National Electricity System (the “Policy”) published on May 15, 2020 in the Federal Official Gazette (Diario Oficial de la Federación) was subject to several judicial proceedings due to its controversial content.

The Policy, based on the current health emergency, slowed the dispatch of renewable electric energy to the National Electricity System indefinitely due to its supposed lack of reliability, granting priority to CFE’s electricity generation despite the fact that it implies greater pollution and a higher cost to the end user.

The Federal Commission of Economic Competition (Comisión Federal de Competencia Económica) filed constitutional controversy docket 89/2020, which resulted in the Court’s decision to suspend, with general effects, the application of the Policy since June 2020.

The President –through the Executive Power Legal Counsel- filed an appeal against such decision.

Notwithstanding the foregoing, the Court determined unanimously that the complaint filed by the Executive Power was unfounded and on October 21, 2020, the Supreme Court of Justice confirmed the decision to suspend the Policy. We estimate that the definitive resolution of this procedure could take up to one year.

On the other hand, in November 2020 the final judgement of the amparo trial filed by EGP Magdalena Solar –one of several renewable energy companies that challenged the Policy-was published and it was the first judgment that analyzed the merits of the case. The judge considered that the Policy affects free competition and violates regulatory requirements; therefore, the Policy was suspended with general effects.

As a consequence of the foregoing, the Policy will not be part of the legal framework of the power industry and the relevant players of the sector may continue operations as if the Policy had never been issued. This may be further altered if SENER appeals such decision.

In Spanish below


Continue Reading Mexico – SENER’s Electricity Policy is Overruled

“Our seas hold immense potential to power our homes and communities with low-cost green energy”.

On 6 October 2020 the British Prime Minister announced a plan to allocate £160m towards the upgrade of ports and infrastructure in the UK with a view to the UK becoming a leader in clean wind energy. Further targets of

On 12 October 2020, the English High Court handed down judgment in respect of various preliminary issues in the case of Travelport Limited and others v WEX Inc. The dispute concerns the issue of whether or not the occurrence of the global COVID-19 pandemic engaged the material adverse effect (“MAE”) provisions in an SPA in

Last week’s UK-EU summit in Brussels had been billed as “crunch time” for a future trade agreement to be reached between the UK and EU in time for any deal to be ratified before the end of the transition period, which expires on 31 December 2020.

There are many consequences of no agreement being reached. One consequence of legal significance is that court proceedings commenced after 31 December 2020 will no longer benefit from EU rules providing for the reciprocal enforcement of judgments, and a streamlined process for enforcement, pursuant to the so-called Recast Brussels Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “Regulation“). This is important because without the Regulation, enforcing UK judgments in EU jurisdictions, and vice versa, is likely to be a more cumbersome and uncertain process, and therefore more time-consuming and expensive.


Continue Reading No-deal Brexit – Enforcement of judgments in the UK or EU member states