Brian Potts

Brian Potts

Foley & Lardner LLP

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The EPA's Golden Rule: No Good Neighbor Goes Unpunished

Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about...more

3/26/2014 - Environmental Liability Environmental Policies EPA Utilities Sector

Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you...more

2/18/2014 - Automotive Industry Compliance Data Protection FCPA NHTSA Suppliers Supply Chain Trucking Industry

Are You Subsidizing Another State's Air Pollution?

You might have to, if the Environmental Protection Agency gets its way in the U.S. Supreme Court on Tuesday. The court will hear oral arguments in a case dealing with the EPA’s ability to regulate cross-state, or...more

12/11/2013 - Air Pollution Clean Air Act Cross-State Air Pollution EPA

Obama’s Climate Plan Won’t Work for Power Plants, Which Could Be Bad News for the Transportation Sector

President Obama’s Climate Plan – which was released earlier this summer – sets as its goal a 17% national greenhouse gas reduction by 2020....more

8/26/2013 - Carbon Emissions Climate Action Plan Department of Transportation Energy Policy Environmental Policies Greenhouse Gas Emissions Power Plants

Seventh Circuit Presents Statute of Limitations Roadblock for Future PSD Enforcement Matters

On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more

7/10/2013 - Clean Air Act Construction Permits EPA Gabelli v SEC PSD SCOTUS Statute of Limitations Successor Liability

7th Circuit Upholds Regional Cost Allocation for MISO Transmission Projects

The U.S. Court of Appeals for the Seventh Circuit recently upheld MISO’s FERC-approved multi-value project (MVP) tariff, which spreads the costs of constructing certain new transmission lines across the entire MISO footprint...more

6/19/2013 - Energy Consumption FERC MISO Renewable Energy Tariffs

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