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In a landmark judgment handed down on 20 June 2024, R (Finch) v Surrey County Council and others [2024] UKSC 20, the Supreme Court of the United Kingdom has ruled that “Scope 3” greenhouse gas (GHG) emissions resulting from the eventual use of hydrocarbons produced from a proposed oil development should have been assessed in an environmental impact assessment (EIA) process carried out by a local authority.

Hydrogen can play a vital role in the transition to a carbon-neutral economy, and momentum for it has never been stronger, especially since the passage of the Inflation Reduction Act. Both governments and companies see the enormous potential of low-carbon hydrogen for storing energy, for powering a wide array of applications, and for reducing greenhouse gas emissions, among other important uses.

The purpose of this White Paper is to provide general guidance to transaction participants and practitioners in their consideration of the application of 17 C.F.R. Part 246, adopted jointly by the Securities and Exchange Commission (“SEC”) and five other federal agencies (the “Agencies”) in October of 2014 (the “CRR Rules”) pursuant to Section 15G of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), as added by section 941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to a typical issuance of secured notes by a newly formed special purpose vehicle that owns or will own, among other things, a portfolio of proven, developed and producing hydrocarbon wells (a “Structured PDP Well Financing”).

In recent years, shareholder activists have shied away from the energy sector. Not anymore: As of the end of June, as many as fourteen 13D filings involving energy companies had been filed over the course of the previous twelve months. Stephen Gill, who concentrates his practice on M&A, has represented publicly traded energy companies involved…