United States: A Closer Look At President Trump's Executive Order On Energy Independence

Isabel Lane is a Legislative Assistant, Dimitrios Karakitsos is a Partner and Beth Viola is a Sr Policy Advisor in the Washington D.C. office

HIGHLIGHTS:

  • President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities.
  • The EO focuses on encouraging domestic energy production by "unraveling the red tape" and initiating rollbacks on more than 30 Obama-era environmental documents and regulations, including the Clean Power Plan.

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive designed to accomplish a number of the Trump Administration's energy-related goals.

The EO, issued on March 28, 2017, is sweeping in nature, with a focus on encouraging domestic energy production by "unraveling the red tape" and initiating rollbacks on more than 30 Obama-era environmental documents and regulations. Its directives will take years to fully implement, particularly the regulatory rewrites that will be required to adhere to Administrative Procedures Act (APA) process.

Below is a section-by-section analysis of the Order.

Section 1. Policy

This section of the EO establishes broad policy directives that set the Trump Administration's tone for energy-related policy. The order encourages "clean and safe development" of domestic energy resources, referencing, in this order: coal, natural gas, nuclear material, hydropower, and other domestic sources including renewables. The order also encourages agencies to take actions to promote clean air and clean water, while inserting a caveat that agencies must also respect "the proper roles of the Congress and the States" – echoing federalist environmental doctrine typical of Republican administrations. The order simultaneously discourages "regulatory burdens" that "unnecessarily encumber" energy production, and directs the review of existing regulations to this effect. This is fully fleshed out in Section 2.

The final paragraph under the policy section also directs the use of the "best available peer-reviewed science." This language dovetails with Republican efforts to reform the U.S. Environmental Protection Agency's (EPA) Science Advisory Board (SAB) and add greater transparency in future decision making. To date, the House has passed two bills on party lines related to the use of the "best available" science: H.R. 1430, the Honest and Open New EPA Science Treatment (HONEST) Act on March 29, 2017, and H.R. 1431, the EPA Science Advisory Board Reform Act on March 30, 2017.

Of note, the EO's only mention of national security or international policy asserts that "prudent development" of natural resources is essential to ensuring geopolitical security. Absent is any mention of the U.S. commitments to the Green Climate Fund or the Paris Agreement of 2015. Although Trump campaigned on promises to withdraw the United States from the Paris Agreement, White House Press Secretary Sean Spicer stated on March 30, 2017, that the Administration is still "reviewing" the agreement but expects to have a decision by the time of the upcoming G7 summit on May 26-27, 2017.1 A group of more than 1,000 companies – including Fortune 50 businesses such as HP and Johnson & Johnson – have signed a letter to the Administration and Congress calling on the government to continue U.S. participation in the Paris Agreement.2 Some within the business community support a withdrawal while others favor the long-term policy certainty the Agreement seeks to engineer and see business opportunities in the fulfillment of the Agreement.

Rep. Kevin Cramer (R-N.D.), who served as an energy advisor to President Trump's campaign, is currently circulating a "Dear Colleague" letter, which encourages the U.S. to remain a party to the Agreement rather than losing "its seat at the Paris table to defend and promote our commercial interests." The letter instead advocates for the U.S. to reduce its current commitment to reduce greenhouse gas (GHG) emissions by 26 percent to 28 percent by 2025 – a goal many say is infeasible without implementation of the Clean Power Plan – while also urging President Trump to follow through on his promise to end financial commitments to the Green Climate Fund. By exploring such a compromise, the Administration may find additional support from the business community.

Section 2. Immediate Review of All Agency Actions that Potentially Burden the Safe, Efficient Development of Domestic Energy Resources

This section directs the "heads of agencies" to review all agency actions that potentially burden the development or use of domestically produced energy resources, noting in particular fossil fuel and nuclear resources while omitting hydropower and other renewables. The section defines "burden" as "to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs" on activities related to development of energy resources. Of note, Section 1 of the EO directs that that "departments and agencies" review existing regulations and suspend, revise or rescind those that "unduly burden the development of domestic energy resources beyond the degree necessary to protect the public interest or otherwise comply with the law." While this section provides a definition of "burden," the meaning of "unduly" is left ambiguous, leaving portions of the Order particularly vulnerable to subjective interpretation and possible future legal challenges.

Indeed, several directives in the EO are similarly equivocal, leaving uncertain even basic questions regarding jurisdiction of the EO. It is not traditional that EOs apply to independent regulatory agencies such as the Federal Energy Regulatory Commission (FERC), U.S. Nuclear Regulatory Commission (NRC) or U.S. Securities and Exchange Commission (SEC). In keeping with this tradition, the interim guidance issued by the White House's Office of Information and Regulatory Affairs (OIRA) on President Trump's "Reducing Regulation and Controlling Regulatory Costs" EO exempted independent regulatory agencies. Similar clarification would be par for the course.

Substantively, Section 2 outlines the process by which agencies should carry out the review of these policies in three steps. This process is to be overseen by Office of Management and Budget (OMB) Director Mick Mulvaney and Assistant to the President for Economic Policy Ashley Hickey Marquis.

  • 1. Within 45 days, each agency submits a plan to complete its review to the OMB Director, providing a copy to the Vice President, the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy and the Chair of the Council on Environmental Quality (CEQ).
  • 2. Within 120 days, each agency completes its review and provides a draft final report with specific recommendations that could "alleviate or eliminate aspects of agency actions" burdensome to domestic energy producers.
  • 3. Within 180 days, the report is finalized, unless the OMB Director, in consultation with the other listed officials, extends the deadline.

Several agencies have made progress on the implementation of this directive, despite the slow rate at which President Trump's political appointees are being confirmed for positions at the EPA, the Department of Energy (DOE) and the Department of the Interior (DOI). EPA has announced that Chief of Staff Ryan Jackson will chair the task force to review potentially burdensome regulations. Other members of the task force include Jackson's Deputy Chief of Staff Byron Brown and Deputy Associate Administrator for Policy Brittany Bolen. Indeed, the slow pace of the confirmation process sets the stage for Schedule C employees and/or the transition and beachhead teams at each of these agencies to play a significant role in drafting the reports, which will shape agency policy for the duration of the Administration.

Section 3. Rescission of Certain Energy and Climate-Related Presidential and Regulatory Actions

(a) This section revokes the following executive actions:

  • (i) Executive Order 13653, "Preparing the United States for the Impacts of Climate Change," issued Nov. 1, 2013. This EO directed federal agencies to plan for environmental impacts of climate change, including high temperatures, heavy downpours, permafrost thawing, ocean acidification and sea level rise. The Order also convened a task force on climate preparedness and resilience that contained representatives from state, local and tribal governments. This EO served as a statement of administrative priorities, establishing a commitment to climate resilient investment and directing agencies to increase support for and collaboration with state, local and tribal governments. The order also directed numerous agencies to provide data and decision-support tools on climate preparedness and resilience, and its rescission was accompanied by the elimination of Data.gov portals that provided data related to climate change. Local and state governments that relied on these data sources may need to begin utilizing alternate data, such as that collected by universities, which will be less consistent.
  • (ii) Presidential Memorandum on "Power Sector Carbon Pollution Standards," issued June 25, 2013. This memorandum, which accompanied President Obama's Climate Action Plan, directed the EPA to establish carbon pollution standards for existing and new power plants by specific deadlines, the last of which was June 30, 2016. The rescission of this memorandum removes a legal hurdle from the rollback of the Clean Power Plan and other power plant regulations.
  • (iii) Presidential Memorandum on "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment," issued Nov. 3, 2015. This memorandum established a doctrine of "compensatory mitigation" in regard to climate change. Unlike previous mitigation directives, this order directed agencies, in their planning and permitting for landscape-scale conservation and mitigation, to offset harm caused by resource development rather than simply avoiding adverse effects. For example, the memorandum encouraged agencies to develop financial incentive-based conservation credits that could be used to offset potential adverse effects or environmental harm.
  • Rescinding this memorandum limits the extent to which National Environmental Policy Act (NEPA) and Endangered Species Act (ESA) reviews apply this doctrine of compensatory mitigation, returning to a more passive consideration of the potential long-term harms caused by resource development. Undoubtedly, the Trump Administration will be far more conservative than the Obama Administration in calculating the potential cost of these long-term harms.
  • (iv) Presidential Memorandum on "Climate Change and National Security," issued Sept. 21, 2016. This memorandum directed the federal government to consider the impacts of climate change in the development of national security-related policies. Of note, the accompanying report from the National Intelligence Council, which identified potential threats that climate change could pose to national security during the next two decades, was not rescinded alongside the memorandum.

Also of note, not included in this section is EO 13693, which had been listed in an early embargoed summary of the order. EO 13693, "Planning for Federal Sustainability in the Next Decade," issued March 19, 2015, directed agencies to establish agency-wide energy efficiency and renewable energy targets. As with the Paris Agreement, parts of the business community have encouraged the U.S. to maintain its commitments to energy efficiency and renewable energy. If EO 13693 is rescinded at a later date, agencies would be permitted to withdraw their sustainability plans – save for the Department of Defense, whose 25 percent renewables by 2025 target was codified in the National Defense Authorization Act of 2007.3

(b) This section also rescinds the following reports issued by President Obama pertaining to emissions reductions:

  • (i) Climate Action Plan: June 2013. In addition to outlining an array of administrative actions intended to reduce carbon emissions and improve energy efficiency, the plan directed EPA to publish the Clean Power Plan by 2015.
  • (ii) Climate Action Plan Strategy to Reduce Methane Emissions: March 2014. This plan outlined the Obama Administration's intention to curb methane emissions from an array of sources, including landfills, coal mines, agriculture, and oil and gas production. The plan included a timetable for review of specific sets of regulations, all to be completed by 2016.

(c) This section rescinds the final guidance issued on Aug. 5, 2016, by the Council on Environmental Quality (CEQ) that requires federal agencies to consider GHG emissions and the effects of climate change in NEPA reviews. As with the rescission of the Presidential Memorandum on "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment," this action is primarily meant to ease permitting for fossil fuel energy projects by reducing the time and costs associated with project reviews.

Beyond permitting for fossil projects, however, the guidance applies government-wide and will also have significant impacts on the transportation sector and implementation of the Fixing America's Surface Transportation (FAST) Act of 2015. The permitting process for transit and infrastructure projects may become easier and less time-consuming, as NEPA reviews for these projects will no longer be required to take GHG emissions into consideration.

Section 4. Review of the Environmental Protection Agency's "Clean Power Plan" and Related Rules and Agency Actions

This section directs the Administrator of the EPA to review three regulations published on Oct. 23, 2015:

  • (i) "Carbon Pollution Emission guidelines for Existing Stationary Sources: Electric Utility Generating Units," also known as the "Clean Power Plan." (Final Rule)
  • (ii) "Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units." (Final Rule)
  • (iii) "Federal Plan Requirements for Greenhouse Gas Emissions from Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; Proposed Rule." (Proposed Rule)

The Clean Power Plan (CPP) is currently on hold as the result of a stay enacted by the U.S. Supreme Court on Feb. 9, 2016, so states' compliance with the plan is currently voluntary. The EO directs the EPA to "suspend, revise, or rescind the guidance," with or without publishing the rules accomplishing this end for notice and comment. EPA announced on April 5 its formal review of the CPP, which will also review the compliance dates established in the order to ensure they are "reasonable and appropriate" given the Supreme Court's stay. In the announcement, EPA stated its intent to review and possibly rewrite a new rule governing GHG emissions limits for power plants; a process which, if the timeframe for the writing and publication of the CPP is to be a guide, could require more than a year of notice and comment even after a draft rule is published.

On April 4, 2017, EPA also announced it is withdrawing the two proposed rules governing the CPP's implementation: the Clean Energy Incentive Program (CEIP) and Federal Implementation Plan and Model Training Rules.4 The Federal Register notice justifies the withdrawal of both rules on the grounds that neither is required under the Clean Air Act (CAA) and focusing on the Acts principles of cooperative federalism aspires to prevent federal plans to implement emissions guidelines under the law. Given the Supreme Court's stay of the CPP, the EPA asserts that the compliance dates "must be reviewed" and that states should not be required to "work towards meeting the compliance dates" at this time. under the

This section also directs the EPA to review and possibly rescind the accompanying legal memorandum for the CPP, as well as enabling the Attorney General to request that courts stay the litigation pertaining to the CPP as the EPA addresses the CPP administratively.

Section 5. Review of Estimates of the Social Cost of Carbon, Nitrous Oxide, and Methane for Regulatory Impact Analysis

Again citing the requirement that agencies use the "best available science," this section directs the withdrawal of documents issued between 2010 and 2016 establishing the "social cost of carbon" for regulatory impact analysis. As of 2015, the EPA had set this value at $36 per metric ton and $42 per metric ton for 2020. President Trump's EO directs agencies to return to the guidance in OMB Circular A-4 of September 2003, under which analysis from the international perspective is optional.5

This section also immediately disbands the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), which provided regular advisement on updates to the data point's calculation. The group consisted of presidentially appointed technical experts from a number of agencies.

Section 6. Federal Land Coal Leasing Moratorium

This section directs the Secretary of the Interior to "take all steps necessary and appropriate to amend or withdraw" the federal government's moratorium on federal coal leasing enacted by Secretary of the Interior Sally Jewell's Order 3338 on Jan. 15, 2016, and to "commence Federal coal leasing activities." Secretary of the Interior Ryan Zinke signed Secretarial Order 3348 on March 29, revoking Order 3338.6

The moratorium was enacted amidst concerns that the government was not receiving fair market value for the leases. A 2013 Interior Department Inspector General Report found lost bonus revenues of $2 million in recent lease sales and $60 million in potentially undervalued lease modifications.7 In response to these concerns, Zinke has chartered a Royalty Policy Committee to advise on the fair market value for mineral and energy leases to ensure the public "continues to receive the full value of the natural resources produced on federal lands."8 Opponents have expressed concern that this fair market value will no longer take into effect the social cost of carbon, noting that approximately 40 percent of the U.S. coal production comes from publically owned lands.

Section 7. Review of Regulations Related to United States Oil and Gas Development

(a) This section directs EPA Administrator Scott Pruitt to review and potentially rewrite the "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources" rule, more commonly referred to as the "New Sources" or NSPS rule, made final on June 3, 2016. The industry-opposed NSPS rule would require new and modified fossil-fuel fired power plants to limit their carbon dioxide pollution. This regulation fell outside of the window for Congressional Review Act (CRA) action but has been the subject of fierce opposition from Congressional Republicans and the oil and gas industry alike. Accordingly, there have been efforts to block the rule through litigation. The Independent Petroleum Association of America (IPAA) and Western Energy Alliance, with the support of a broad coalition, filed suit against the rule in August 2016. The legal challenges have taken issue with the rule as excessive, uneconomical and unjustifiable given the decrease in methane emissions from the sector over a time period in which production has spiked. Oral arguments are scheduled for April 17, 2017.

(b) This section directs the Secretary of the Interior to review and potentially rewrite the following regulations intended to curb methane emissions from oil and gas operations. Of note, three out of four of these regulations were finalized in the final two months of the Obama Administration. Each of these four regulations were also subsequently identified for review in Zinke's Secretarial Order 3349 signed March 29, 2017.9

  • (i) The Bureau of Land Management's (BLM) "Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands," also known as the "Fracking Rule," which has been the subject of several lawsuits since it was made final on March 26, 2015. The rule was gutted in June 2016 when the U.S. District Court for the District of Wyoming struck down the provision on the grounds that the BLM lacks congressional authority to regulate hydraulic fracturing. Critics also alleged the BLM cost estimates were grossly underrepresented and that the regulation was duplicative of state regulations. The federal government has filed an appeal to the 2016 ruling, and oral arguments were held on March 20, 2017, but the DOI's Fiscal Year (FY) 2018 budget is expected to divert financial resources away from defending Obama-era regulations in litigation, crippling the government's ability to defend the rule. By directing the Secretary of the Interior to review and potentially rewrite the regulation, the Administration is hedging itself should the appeal be successful.
  • (ii) The National Park Service's (NPS) "General Provisions and Non-Federal Oil and Gas Rights," made final on Nov. 4, 2016. This rule updated the regulations on oil and gas development on lands and waters of the National Wildlife Refuge System (NWRS), requiring 319 operations which were previously grandfathered to comply with 9B regulations last updated in 1979.10 Opponents challenged the rule on the grounds that 9B compliance would interfere with the common law principle that mineral rights owners are "entitled to reasonable use of the surface to recover the minerals."11 Rep. Paul Gosar (R-Ariz.) has introduced a CRA resolution of disapproval against this regulation, though neither chamber has acted on it to date.
  • (iii) The U.S. Fish and Wildlife Service's (FWS) "Management of Non-Federal Oil and Gas Rights," made final on Nov. 14, 2016, and which concerns implementation of the previous rule. Rep. Kevin Cramer (R-N.D.) has introduced a CRA resolution of disapproval against this regulation, though neither chamber has acted on it to date.
  • (iv) "Waste Prevention, Production Subject to Royalties, and Resource Conservation," also known as the "Methane Rule," made final on Nov. 18, 2016. This rule updated the BLM's existing regulations for methane emissions, a move which had been urged by the Government Accountability Office (GAO) and the Inspector General of the Interior Department, as the existing regulations have not been modernized in more than 30 years. Unlike the EPA's NSPS rule, the BLM rule applies to existing sources. The BLM estimated that the rule would cost $110 million to $279 million per year, while saving society up to $188 million annually by preventing the escape of pollutants and allowing more natural gas to be sold.
  • Despite BLM's estimates that the rule would reduce the profit of such operators by less than 0.2 percent,12 some in industry have expressed concern that the regulation disproportionately impacted small-business and would be much more costly. Moreover, the slow permitting process for pipeline right-of-ways already makes it difficult for producers to safely transport their product to market, critics alleged.
  • The House has passed a CRA resolution of disapproval on this regulation, which sets the stage for its expedited, "filibuster-proof" consideration in the Senate. Indeed, while the EO directs the Secretary of the Interior to review the rule, the Senate still intends to take up the resolution of disapproval, as it would go further than the EO by actually rescinding the rule and forbidding the BLM from issuing a "substantially similar" rule.

Section 7 also enables the Attorney General to request the delay of further litigation against rules identified in this section. This could have particularly challenging implications for the Methane Rule, for opponents may have difficulty bringing suit should the Senate pass the resolution of disapproval while the DOI is also administratively reviewing the rule.

Footnotes

1 Trump to decide by late May whether to stay in Paris climate pact, The Hill, March 30, 2017

2 Business Backs Low-Carbon USA

3 U.S. Army Energy and Water Management Program: Renewable Energy

4 Federal Register, 82 FR 16144, April 3, 2017

5 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866

6 Secretary of the Interior Order No. 3348: Concerning the Federal Coal Moratorium

7 DOI Office of Inspector General: Final Evaluation Report – Coal Management Program, U.S. Department of the Interior

8 DOI: Secretary Zinke Takes Immediate Action to Advance American Energy Independence

9 Secretary of the Interior Order No. 3349: American Energy Independence

10 NPS: National Park Service Updates Non-federal Oil and Gas Regulations

11 Rep. Gosar Sets the Record Straight on Bill Protecting Private & State-Owned Mineral Rights from Federal Overreach

12 BLM: Questions and Answers for Methane Waste Prevention Rule

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.

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

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions