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Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

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COVID-19 Impact on Global Oil Demand 2020 signals an IEA forecast of declining consumption as travel restrictions curb transport fuels, disrupt energy markets, and shift OPEC and non-OPEC supply dynamics amid economic slowdown.

Key Points

IEA sees first demand drop since 2009 as COVID-19 curbs travel, weakening transport fuels and unsettling energy markets.

✅ IEA base case: 2020 demand at 99.9 mb/d, down 90 kb/d from 2019.

✅ Travel restrictions hit transport fuels; China drives the decline.

✅ Scenarios: low -730 kb/d; high +480 kb/d in 2020.

Global oil demand is expected to decline in 2020 as the impact of the new coronavirus (COVID-19) spreads around the world, constricting travel and broader economic activity, according to the International Energy Agency’s latest oil market forecast.

The situation remains fluid, creating an extraordinary degree of uncertainty over what the full global impact of the virus will be. In the IEA’s central base case, even as global CO2 emissions flatlined in 2019 according to the IEA, demand this year drops for the first time since 2009 because of the deep contraction in oil consumption in China, and major disruptions to global travel and trade.

“The coronavirus crisis is affecting a wide range of energy markets – including coal-fired electricity generation, gas and renewables – but its impact on oil markets is particularly severe because it is stopping people and goods from moving around, dealing a heavy blow to demand for transport fuels,” said Dr Fatih Birol, the IEA’s Executive Director. “This is especially true in China, the largest energy consumer in the world, which accounted for more than 80% of global oil demand growth last year. While the repercussions of the virus are spreading to other parts of the world, what happens in China will have major implications for global energy and oil markets.”

The IEA now sees global oil demand at 99.9 million barrels a day in 2020, down around 90,000 barrels a day from 2019. This is a sharp downgrade from the IEA’s forecast in February, which predicted global oil demand would grow by 825,000 barrels a day in 2020.

The short-term outlook for the oil market will ultimately depend on how quickly governments move to contain the coronavirus outbreak, how successful their efforts are, and what lingering impact the global health crisis has on economic activity.

To account for the extreme uncertainty facing energy markets, the IEA has developed two other scenarios for how global oil demand could evolve this year. In a more pessimistic low case, global measures fail to contain the virus, and global demand falls by 730,000 barrels a day in 2020. In a more optimistic high case, the virus is contained quickly around the world, and global demand grows by 480,000 barrels a day.

“We are following the situation extremely closely and will provide regular updates to our forecasts as the picture becomes clearer,” Dr Birol said. “The impact of the coronavirus on oil markets may be temporary. But the longer-term challenges facing the world’s suppliers are not going to go away, especially those heavily dependent on oil and gas revenues. As the IEA has repeatedly said, these producer countries need more dynamic and diversified economies in order to navigate the multiple uncertainties that we see today.”

The IEA also published its medium-term outlook examining the key issues in global demand, supply, refining and trade to 2025, as well as the trajectory of the global energy transition now shaping markets. Following a contraction in 2020 and an expected sharp rebound in 2021, yearly growth in global oil demand is set to slow as consumption of transport fuels grows more slowly and as national net-zero pathways, with Canada needing more electricity to reach net-zero influencing power demand, according to the report. Between 2019 and 2025, global oil demand is expected to grow at an average annual rate of just below 1 million barrels a day. Over the period as whole, demand rises by a total of 5.7 million barrels a day, with China and India accounting for about half of the growth.

At the same time, the world’s oil production capacity is expected to rise by 5.9 million barrels a day, with more than three-quarters of it coming from non-OPEC producers, the report forecasts. But production growth in the United States and other non-OPEC countries is set to lose momentum after 2022, amid shifts in Wall Street's energy strategy linked to policy signals, allowing OPEC producers from the Middle East to turn the taps back up to help keep the global oil market in balance.

The medium-term market report, Oil 2020, also considers the impact of clean energy transitions on oil market trends. Demand growth for gasoline and diesel between 2019 and 2025 is forecast to weaken as countries around the world implement policies to improve efficiency and cut carbon dioxide emissions – and as solar power becomes the cheapest electricity in many markets and electric vehicles increase in popularity. The impact of energy transitions on oil supply remains unclear, with many companies prioritising short-cycle projects for the coming years.

“The coronavirus crisis is adding to the uncertainties the global oil industry faces as it contemplates new investments and business strategies,” Dr Birol said. “The pressures on companies are changing, with European oil majors turning electric to diversify. They need to show that they can deliver not just the energy that economies rely on, but also the emissions reductions that the world needs to help tackle our climate challenge.”

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EECBG Program Funding empowers states, Tribes, and local governments with DOE grants to deploy clean energy, energy efficiency, EV infrastructure, and community solar, cutting emissions, lowering utility bills, and advancing net-zero decarbonization.

Key Points

EECBG Program Funding is a $550M DOE grant for states, Tribes, and governments to deploy clean energy and efficiency.

✅ Supports EV infrastructure and community solar deployment

✅ Cuts emissions and lowers utility costs via efficiency

✅ Prioritizes Justice40 benefits for underserved communities

The Biden-Harris Administration, through the U.S. Department of Energy (DOE), today released a Notice of Intent announcing $550 million to support community-based clean energy in state, Tribal, and local governments — serving more than 250 million Americans. This investment in American communities, through the Energy Efficiency and Conservation Block Grant (EECBG) Program, will support communities across the country to develop local programming and deploy clean energy technologies to cut emissions, advance a 90% carbon-free electricity goal nationwide, and reduce consumers’ energy costs, and help meet President Biden’s goal of a net-zero economy by 2050. 

“This funding is a streamlined and flexible tool for local governments to build their electricity future with clean energy,” said U.S. Secretary of Energy Jennifer M. Granholm. “State, local, and Tribal communities nationwide will be able to leverage this funding to drive greater energy efficiency and conservation practices to lower utility bills and create healthier environments for American families.”   

The EECBG Program will fund 50 states, five U.S. territories, the District of Columbia, 774 Tribes, and 1,878 local governments in a variety of capacity-building, planning, and infrastructure efforts to reduce carbon emissions and energy use and improve energy efficiency in the transportation, building, and other related sectors. For example, communities with this funding can build out electric vehicle infrastructure and deploy community solar to serve areas that otherwise do not have access to electric vehicles or clean energy, particularly through a rural energy security program where appropriate.  

The $550 million made available through the Bipartisan Infrastructure Law (BIL) represents the second time that the EECBG Program has been funded, the first of which was through the American Recovery and Reinvestment Act of 2009. With this most recent funding, communities can build on prior investments and leverage additional clean energy funding from DOE, other federal agencies, and the private sector to achieve sustained impacts, supported by a Clean Electricity Standard where applicable, that can put their communities on a pathway to decarbonization. 

Through the EECBG Program and the Office of State and Community Energy Programs (SCEP), DOE will support the many diverse state, local, and tribal communities across the U.S., including efforts to revitalize coal communities through clean energy, as they implement this funding and other clean energy projects. To ensure no communities are left behind, the program aligns with President’s Justice40 initiative and efforts toward equity in electricity regulation to help ensure that 40% of the overall benefits of clean energy investments go to underserved and overburdened communities. 

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UK Offshore Wind Expansion will make wind the main power source, driving renewable energy, offshore projects, smart grids, battery storage, and interconnectors to cut carbon emissions, boost exports, and attract global investment.

Key Points

A UK strategy to scale offshore wind, integrate smart grids and storage, cut emissions and drive investment and exports

✅ 30% energy target by 2030, backed by CfD support

✅ 250m industry investment and smart grid build-out

✅ Battery storage and interconnectors balance intermittency

Plans are afoot to make wind the UKs main power source for the first time in history amid ambitious targets to generate 30 percent of its total energy supply by 2030, up from 8 percent at present.

A recently inked deal will see the offshore wind industry invest 250 million into technology and infrastructure over the next 11 years, with the government committing up to 557 million in support, under a renewable energy auction that boosts wind and tidal projects, as part of its bid to lower carbon emissions to 80 percent of 1990 levels by 2050.

Offshore wind investment is crucial for meeting decarbonisation targets while increasing energy production, says Dominic Szanto, Director, Energy and Infrastructure at JLL. The governments approach over the last seven years has been to promise support to the industry, provided that cost reduction targets were met. This certainty has led to the development of larger, more efficient wind turbines which means the cost of offshore wind energy is a third of what it was in 2012.

Boosting the wind industry

Offshore wind power has been gathering pace in the UK and has grown despite COVID-19 disruptions in recent years. Earlier this year, the Hornsea One wind farm, the worlds largest offshore generator which is located off the Yorkshire coast, started producing electricity. When fully operational in 2020, the project will supply energy to over a million homes, and a further two phases are planned over the coming decade.

Over 10 gigawatts of offshore wind either already has government support or is eligible to apply for it in the near future, following a 10 GW contract award that underscores momentum, representing over 30 billion of likely investment opportunities.

Capital is coming from European utility firms and increasingly from Asian strategic investors looking to learn from the UKs experience. The attractive government support mechanism means banks are keen to lend into the sector, says Szanto.

New investment in the UKs offshore wind sector will also help to counter the growing influence of China. The UK is currently the worlds largest offshore wind market, but by 2021 it will be outstripped by China.

Through its new deal, the government hopes to increase wind power exports fivefold to 2.6 billion per year by 2030, with the UKs manufacturing and engineering skills driving projects in growth markets in Europe and Asia and in developing countries supported by the World Bank support through financing and advisory programs.

Over the next two decades, theres a massive opportunity for the UK to maintain its industry leading position by designing, constructing, operating and financing offshore wind projects, says Szanto. Building on projects such as the Hywind project in Scotland, it could become a major export to countries like the USA and Japan, where U.S. lessons from the U.K. are informing policy and coastal waters are much deeper.

Wind-powered smart grids

As wind power becomes a major contributor to the UKs energy supply, which will be increasingly made up of renewable sources in coming decades, there are key infrastructure challenges to overcome.

A real challenge is that the UKs power generation is becoming far more decentralised, with smaller power stations such as onshore wind farms and solar parks and more prosumers residential houses with rooftop solar coupled with a significant rise in intermittent generation, says Szanto. The grid was never designed to manage energy use like that.

One potential part of the solution is to use offshore wind farms in other sites in European waters.

By developing connections between wind projects from neighbouring countries, it will create super-grids that will help mitigate intermittency issues, says Szanto.

More advanced energy storage batteries will also be key for when less energy is generated on still days. There is a growing need for batteries that can store large amounts of energy and smart technology to discharge that energy. Were going through a revolution where new technology companies are working to enable a much smarter grid.

Future smart grids, based on developing technology such as blockchain, might enable the direct trading of energy between generators and consumers, with algorithms that can manage many localised sources and, critically, ensure a smooth power supply.

Investors seeking a higher-yield market are increasingly turning to battery technology, Szanto says. In a future smart grid, for example, batteries could store electricity bought cheaply at low-usage times then sold at peak usage prices or be used to provide backup energy services to other companies.

Majors investing in the transition

Its not just new energy technology companies driving change; established oil and gas companies are accelerating spending on renewable energy. Shell has committed to $1-2 billion per year on clean energy technologies out of a $25-30 billion budget, while Equinor plans to spend 15-20 percent of its budget on renewables by 2030.

The oil and gas majors have the global footprint to deliver offshore wind projects in every country, says Szanto. This could also create co-investment opportunities for other investors in the sector especially as nascent wind markets such as the U.S., where the U.S. offshore wind timeline is still developing, and Japan evolve.

European energy giants, for example, have bid to build New Yorks first offshore wind project.

As offshore wind becomes a globalised sector, with a trillion-dollar market outlook emerging, the major fuel companies will have increasingly large roles. They have the resources to undertake the years-long, cost-intensive developments of wind projects, driven by a need for new business models as the world looks beyond carbon-based fuels, says Szanto.

Oil and gas heavyweights are also making wind, solar and energy storage acquisitions BP acquired solar developer Lightsource and car-charging network Chargemaster, while Shell spent $400 million on solar and battery companies.

The public perception is that renewable energy is niche, but its now a mainstream form of energy generation., concludes Szanto.

Every nation in the world is aligned in wanting a decarbonised future. In terms of electricity, that means renewable energy and for offshore wind energy, the outlook is extremely positive.

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UK Net Zero Policy Delay shifts EV sales ban to 2035, eases boiler phase-outs, keeps ZEV mandate, backs North Sea oil and gas, accelerates onshore wind and grid upgrades while targeting 2050 emissions goals.

Key Points

Delay moves EV and heating targets to 2035, tweaks mandates, and shifts energy policy, keeping the 2050 net zero goal.

✅ EV sales ban shifts to 2035; ZEV mandate trajectory unchanged

✅ Heat pump grants rise to £7,500; boiler phase-out eased

✅ North Sea oil, onshore wind, grid and nuclear plans advance

British Prime Minister Rishi Sunak has said he would delay targets for changing cars and domestic heating to maintain the consent of the British people in the switch to net zero as part of the global energy transition under way.

Sunak said Britain was still committed to achieving net zero emissions by 2050, similar to Canada's race to net zero goals, and denied watering down its climate targets.

Here are some of the current emissions targets for Britain's top polluting sectors and how the announcement impacts them.

TRANSPORTATION
Transport accounts for more than a third (34%) of Britain's total carbon dioxide (CO2) emissions, the most of any sector.

Sunak announced a delay to introducing a ban on new petrol and diesel cars and vans. It will now come into force in 2035 rather than in 2030.

There were more than 1.1 million electric cars in use on UK roads as of April - up by more than half from the previous year to account for roughly one in every 32 cars, according to the country's auto industry trade body.

The current 2030 target was introduced in November 2020 as a central part of then-Prime Minister Boris Johnson's plans for a "green revolution". As recently as Monday, transport minister Mark Harper restated government support for the policy.

Britain’s independent climate advisers, the Climate Change Committee, estimated a 2030 phase out of petrol, diesel and hybrid vehicles could save up to 110 million tons of carbon dioxide equivalent emissions compared with a 2035 phase out.

ohnson's policy already allowed for the continued sale of hybrid cars and vans that can drive long stretches without emitting carbon until 2035.

The transition is governed by a zero-emission vehicle (ZEV) mandate, a shift echoed by New Zealand's electricity transition debates, which means manufacturers must ensure an increasing proportion of the vehicles they sell in the UK are electric.

The current proposal is for 22% of a car manufacturer's sales to be electric in 2024, rising incrementally each year to 100% in 2035.

The government said on Wednesday that all sales of new cars from 2035 would still be zero emission.

Sunak said that proposals that would govern how many passengers people should have in a car, or proposals for new taxes to discourage flying, would be scrapped.

RESIDENTIAL
Residential emissions, the bulk of which come from heating, make up around 17% of the country's CO2 emissions.

The government has a target to reduce Britain's energy consumption from buildings and industry by 15% by 2030, and had set a target to phase out installing new and replacement gas boilers from 2035, as the UK moves towards heat pumps, amid an IEA report on Canada's power needs noting more electricity will be required.

Sunak said people would have more time to transition, and the government said that off-gas-grid homes could continue to install oil and liquefied petroleum gas boilers until 2035, rather than being phased out from 2026.

However, his announcements that the government would not force anyone to rip out an existing boiler and that people would only have to make the switch when replacing one from 2035 restated existing policy.

He also said there would be an exemption so some households would never have to switch, but the government would increase an upgrade scheme that gives people cash to replace their boilers by 50% to 7,500 pounds ($9,296.25).

Currently almost 80% of British homes are heated by gas boilers. In 2022, 72,000 heat pumps were installed. The government had set a target of 600,000 heat pump installations per year by 2028.

A study for Scottish Power and WWF UK in June found that 6 million homes would need to be better insulated by 2030 to meet the government's target to reduce household energy consumption, but current policies are only expected to deliver 1.1 million.

The study, conducted by Frontier Economics, added that 1.5 million new homes would still need heat pumps installed by 2030.

Sunak said that the government would subsidise people who wanted to make their homes energy efficient but never force a household to do it.

The government also said it was scrapping policies that would force landlords to upgrade the energy efficiency of their properties.

ENERGY
The energy sector itself is a big emitter of greenhouse gases, contributing around a quarter of Britain's emissions, though the UK carbon tax on coal has driven substantial cuts in coal-fired electricity in recent years.

In July, Britain committed to granting hundreds of licences for North Sea oil and gas extraction as part of efforts to become more energy independent.

Sunak said he would not ban new oil and gas in the North Sea, and that future carbon budgets for governments would have to be considered alongside the plans to meet them.

He said the government would shortly bring forward new plans for energy infrastructure to improve Britain's grid, including the UK energy plan, while speeding up planning.

Offshore wind power developers warned earlier this month that Britain's climate goals could be at risk, even as efforts like cleaning up Canada's electricity highlight the importance of power-sector decarbonization, after a subsidy auction for new renewable energy projects did not attract any investment in those planned off British coasts.

Britain is aiming to develop 50 gigawatts (GW) of offshore wind capacity by 2030, up from around 14 GW now.

Sunak highlighted that Britain is lifting a ban on onshore wind, investing in carbon capture and building new nuclear power stations.

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NEIMA advances NRC regulatory modernization, creating a licensing framework for advanced reactors, improving uranium permitting, capping reactor fees, and mandating DOE planning for excess uranium, boosting transparency, accountability, and innovation across the US nuclear sector.

Key Points

NEIMA is a US law modernizing NRC rules and enabling advanced reactor licensing while reforming fees.

✅ Modernizes NRC licensing for advanced reactors

✅ Caps annual reactor fees and boosts transparency

✅ Streamlines uranium permitting; directs DOE plans

Bipartisan legislation modernising US nuclear regulation and supporting the establishment of a licensing framework for next-generation advanced reactors has been signed by US President Donald Trump, whose order boosting U.S. uranium and nuclear energy underscored the administration's focus on the sector.

The Nuclear Energy Innovation and Modernisation Act (NEIMA) became law on 14 January.

As well as directing the Nuclear Regulatory Commission (NRC) to modify the licensing process for commercial advanced nuclear reactor facilities, the bill establishes new transparency and accountability measures to the regulator's budget and fee programmes, and caps fees for existing reactors. It also directs the NRC to look at ways of improving the efficiency of uranium licensing, including investigating the safety and feasibility of extending uranium recovery licences from ten to 20 years' duration, and directs the Department of Energy, which oversees nuclear cleanup and related projects, to issue at least every ten years a long-term plan detailing the management of its excess uranium inventories.

Maria Korsnick, president and CEO of the US Nuclear Energy Institute, described NEIMA as a "significant, positive step" toward the reform of the NRC's fee collection process. "This legislation establishes a more equitable and transparent funding structure which will benefit all operating reactors and future licensees," she said. "The bill also reaffirms Congress’s support for nuclear innovation by working to establish an efficient and stable regulatory structure that is prepared to license the advanced reactors of the future."

Marilyn Kray, president-elect of the American Nuclear Society, said the passage of the legislation was a "big win" for the nation and its nuclear community. "By reforming outdated laws, NRC will now be able to invest more freely in advanced nuclear R&D and licensing activities. This in turn will accelerate deployment of cutting-edge American nuclear systems and better prepare the next generation of nuclear engineers and technologists," she said.

The bill was introduced in 2017 by Senator John Barrasso of Wyoming. It was approved by Congress on 21 December by 361 votes to 10, having been passed by the Senate the previous day, even as later Biden's climate law developments produced mixed results.

NEIMA is one of several bipartisan bills that support advanced nuclear innovation considered by the 115th US Congress, which ended on 2 January. These are: the Nuclear Energy Innovation Capabilities Act (NEICA); the Nuclear Energy Leadership Act; the Nuclear Utilisation of Keynote Energy Act; the Advanced Nuclear Fuel Availability Act, a focus sharpened by the U.S. ban on Russian uranium in the fuel market; and legislation to expedite so-called part 810 approvals, which are needed for the export of technology, equipment and components. NEICA, which supports the deployment of advanced reactors and also directs the DOE to develop a reactor-based fast neutron source for the testing of advanced reactor fuels and materials, was signed into law in October.

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