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California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

FERC’s $3,250,000 Enforcement Action Against the Arizona Public Service Company Provides Guidance for an Effective Compliance...

FERC’s enforcement action with regard to the Arizona Public Service Company (“APS”) provides some instructive guidance for all regulated utilities as to what FERC’s Office of Enforcement deems to be an effective compliance...more

Stringency and Flexibility – Two Sides of the Same Coin in EPA’s Proposed Greenhouse Gas Emissions Regulations for Existing Power...

EPA’s ground-breaking proposal to cut carbon dioxide (CO2) emissions from existing power plants has been lauded by some for affording states considerable flexibility, while also being criticized by others for being stringent....more

Federal District Court Casts Doubt on the Constitutionality of State Regulation of the Carbon Content of Imported Electricity

Can states constitutionally regulate the carbon content of imported electricity? A recent decision by federal district court in Minnesota may curtail such state regulation, at least in states that are part of pooled...more

Is Carbon Capture and Sequestration the Best or Even an Achievable Control Technology To Reduce Carbon Dioxide Emissions from...

EPA’s proposed greenhouse gas emission standards for new power plants rest on the agency’s finding that carbon capture and sequestration (CCS) technologies are “achievable” and the “best system” for the reduction of carbon...more

EPA Reissues Greenhouse Gas Emission Standards for New Power Plants

The U.S. Environmental Protection Agency (EPA) has re-proposed greenhouse gas (GHG) emission standards for new fossil-fuel power plants, exercising existing authority under section 111(b) of the Clean Air Act. Proposed rule...more

The CFTC and FERC Agree to Disagree on the Reach of Each Agency’s Jurisdiction to Police Energy Markets

The Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC) have entered into a long-overdue, congressionally mandated Memorandum of Understanding (MOU) to establish procedures to...more

Sweeping Overhaul of Federal Energy Tax Credits Is Unveiled

This week, Senator Max Baucus, the outgoing Chairman of the Senate Finance Committee who has been developing a comprehensive overhaul and simplification of the federal income tax, introduced a bill that would scrap 42...more

The Pacific Coast Action Plan On Climate And Energy – Will It Make A Difference?

Late last month, the Governors of California, Oregon, and Washington joined with the Premier of British Columbia to sign a Pacific Coast Climate Action Plan on Climate and Energy (PCAP). Like its ill-fated predecessor, the...more

FERC Approves Enforcement Settlement Regarding California Bidding Practices

FERC yesterday approved an enforcement settlement agreement with JPMorgan, which requires JPMorgan to pay a civil penalty of $285 million and disgorgement of unjust profits of $125 million in connection with abusive bidding...more

D.C. Court of Appeals Sets New Precedent in Affirming FERC Enforcement Penalties Against a Seller Making False or Misleading...

The District of Columbia Circuit Court of Appeals, in Kourouma v. FERC, (Docket No. 11-1283, July 23, 2013), has set new precedent affirming FERC’s authority to enforce penalties for a seller’s violation of its Market...more

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