Five Trends To Watch In The Rapidly Evolving Energy Industry: Takeaways From The Petroleum Marketing Attorneys’ Meeting – Energy and Natural Resources




United States: Five Trends To Watch In The Rapidly Evolving Energy Industry: Takeaways From The Petroleum Marketing Attorneys’ Meeting

To print this article, all you need is to be registered or login on Mondaq.com.

As energy companies and convenience retailers continue to adapt in a transitioning energy industry, the 2022 Petroleum Marketing Attorneys’ Meeting highlighted important developments including those related to electric vehicles, privacy laws and antitrust considerations. The following are five key takeaways from the conference, which explores issues affecting energy companies and distributors.

Repurposing the motor fuel station and incorporating EVs raises different considerations for today, in the near future, and in the long term.

  • Convenience retailers are continuing to evolve and expand their offerings to consumers. Brands must be able to contractually adapt to the ever-changing environment — including ensuring that your franchise, supplier, and real estate agreements provide the flexibility to adapt over time.

  • Retailers continue to focus on diverse ways to maximize large and small spaces. We are likely to see sites of all sizes adding a variety of non-traditional offerings to the premises, but also to see attempts to copy the model of greater convenience retailer sites.

  • Innovation is required to overcome infrastructure obstacles hindering wide-scale electric vehicle adoption.

  • While there is a large push for expanding resources for electric vehicles, the use of traditional motor fuels and bridge fuels will still be needed in the meantime. Convenience retailers need to strike a balance between offering alternative fueling options with continuing to develop innovative offers to the traditional fuel consuming customer.

  • Keep in mind the intersection of traditional PMPA obligations and Section 2807 of the PMPA related to renewable fuel pumps.

Privacy laws are rapidly evolving, with many state legislatures actively responding with legislation that varies by jurisdiction.

  • As energy companies adopt more innovative technologies directed at consumers, it is imperative they stay apprised of this changing legal landscape.

  • How consumer information is handled and disclosed will continue to be legislated by states, and a uniform federal standard is unlikely in the near future.

  • Companies that fail to comply with state laws governing consumer information face stiff civil penalties.

  • Companies should be aware of existing biometric laws in Illinois, Texas, and Washington and the potential for more states to adopt similar laws, including some state laws that provide a private right of action with statutory damages for violation.

Antitrust considerations are getting more attention. Be careful not to overlook your antitrust and pricing obligations.

  • Some states are making it easier for plaintiffs to bring antitrust claims by abandoning the federal requirement that a plaintiff show injury to competition as a whole rather than merely to a single competitor.

As an energy company, do not underestimate the importance of connecting with juries.

  • Jurors generally connect with clear contractual language and companies that help their retailers / franchisees succeed.

Carefully evaluate your options for business partners facing financial distress.

  • Because the majority of oil and gas contracts are executory contracts, companies should be aware of the rules governing a debtor’s assumption or rejection of those contracts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

POPULAR ARTICLES ON: Energy and Natural Resources from United States

FERC Backtracks On Pipeline Approval Policy Changes

Holland & Knight

The Federal Energy Regulatory Commission (FERC) issued a brief order on March 24, 2022, backtracking on the historic – and divisive – changes it had announced several weeks ago to its natural gas pipeline certification policies.

A Primer On CCUS Regulation In Louisiana

Liskow & Lewis

Carbon capture, utilization, and storage (CCUS) projects involve various legal issues. Like traditional exploration and development, CCUS projects require the operator to secure both the …

New EU And US LNG Deal

Haynes and Boone

For example, how will the US export the extra gas when its terminals are almost running at full capacity? Can European terminals cope with the extra imports? Are there enough LNGCs to ship the extra gas, …

.

Leave a Comment

Your email address will not be published.