Recent Developments in Infrastructure and Regulated Industries 2021

Arbitration

I. Alternative Dispute Resolution

John Jay Range

Disarray over whether § 1782 discovery applies to international commercial and investment arbitration continues as Supreme Court cancels oral argument in Servotronics and considers certiorari petitions filed in ZF Automotive and AlixPartners cases.

Transportation & Energy Issues

II. Antitrust

James F. Herbison

This Article highlights significant antitrust developments across regulated industries over the past year, including in telecommunications, cable and internet, transportation, oil and gas, and electrical power, nuclear and renewable energy.

Local Government

III. Communications

Christian F. Binnig

The chapter is a high-level summary of significant developments in U.S. Communications Law occurring between May 1, 2020 and May 1, 2021, with an analysis of four recent court decisions, three by the U.S. Supreme Court and one by the Ninth Circuit.

Transportation & Energy Issues

IV. Electricity

Mark Strain

This is a survey of significant developments within the electric industry in 2020 at the Federal Energy Regulatory Commission, within Regional Transmission Organizations and Independent System Operators, and in each region of the United States.

Administrative Law

V. Environment

Eric Gallon

As of the end of 2021, the Biden administration’s efforts to advance its environmental objectives remain a work in progress. EPA has climate change, enforcement, and environmental justice goals, but few big achievements yet to point to.

Transportation & Energy Issues

VI. Finance, Mergers, and Acquisitions

Melissa K. Caen, Emmett N. Ellis IV, and Steven C. Friend

The report describes (1) the increase in popularity of ESG offerings pursuant to an established issuer-specific ESG framework, (2) the momentum away from LIBOR to SOFR, and (3) the SEC’s interest in expanding regulation of 10b5-1 plans.

Transportation & Energy Issues

VII. Gas

Michael R. Pincus, Brian O’Neill, and Larry Inouye

The Gas Committee looks at recent federal court and Federal Energy Regulatory Commission decisions concerning the interstate pipeline transportation and storage of natural gas and authorization of liquefied natural gas import and export projects.

Administrative Law

VIII. Labor

Paul J. Ondrasik, Jr., Daniel P. Bordoni, Eric G. Serron, Thomas Veal, and Alana Genderson

The Labor Committee’s report includes reviews of the Supreme Court’s Title VI decision prohibiting sexual orientation or transgender based discrimination and its decision to grant cert in Northwestern and step into the ERISA excessive fees imbroglio.

Transportation & Energy Issues

IX. Maritime

Charles Patrizia

This report addresses and summarizes judicial, arbitral, and legislative decisions involving the maritime industry, as well as provides updates on relevant current events at both the domestic and international levels.

Energy

X. Nuclear Energy

J. Bradley Fewell

The Nuclear Committee’s report explores advancements in nuclear legislation and policy as well as the development of the framework to license new advanced nuclear reactors.

Transportation & Energy Issues

XI. Renewable Energy

Catherine McCarthy, Stephen Wald, and Ivan Wohner

FERC is considering regulatory challenges related to collocated resources (for example, hybrid wind and storage facilities) and also recently reversed an earlier PURPA holding in Broadview, an order favorable to the solar energy industry.

Natural Resources

XII. Water

Brian T. FitzGerald, Gregory G. Nickson, Sarmili Saha, and Michael Lloyd

Cybersecurity protections remain a priority for water utilities in light of the increasing threat of cyberattacks to water and wastewater systems. Severe drought conditions require state and local governments to consider water conservation measures.

Public Infrastructure

Infrastructure and Regulated Industries Section 2020–2021

A new listing of participants on the American Bar Association Infrastructure and Regulated Industries Section: 2020-2021 Roster, including officers, council, and committees.