Matt Bingham

Matt Bingham

Lewis Roca Rothgerber

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Latest Publications


Update on EPA’s Proposed “Waters of the U.S.” Rule

As we highlighted here a couple of months ago, the Environmental Protection Agency (EPA) released a proposed rule in March that could significantly expand the scope of the federal government’s jurisdiction under the Clean...more

6/18/2014 - Clean Water Act Environmental Policies EPA US Army Corps of Engineers Water Waters of the United States

Are Fracking Fluid Recipes Trade Secrets? Wyoming Supreme Court Sends Issue Back to District Court

In a unanimous opinion issued March 12, 2014, the Wyoming Supreme Court reversed and remanded a case concerning the confidentiality of the ingredients in fracking fluids. The decision keeps alive a challenge to the...more

3/14/2014 - Chemicals Environmental Claims Fracking Trade Secrets

EPA Boiler Regulations Survive Challenge … For Now

The U.S. Court of Appeals for the D.C. Circuit issued its ruling in Utility Air Regulatory Group v. EPA yesterday. The court’s opinion upheld the EPA’s rules revising new source performance standards for steam generating...more

3/13/2014 - Boilers Environmental Policies EPA New Source Performance Standards

NRDC and EEI Issue Joint Statement on Decoupling, Net Metering?

The Natural Resources Defense Council ??(“NRDC”) and the Edison Electric Institute?? (“EEI”) ?announced last week that they agree – in principle – that certain changes are needed to the rate ?structures of electric utilities....more

2/19/2014 - Clean Energy Electricity NRDC Performance Incentives Utilities Sector

Arizona Corporation Commission Recognizes Changing Landscape of Telecommunications

Over the past year, the Arizona Corporation Commission ("Commission") has begun to tailor certain of its regulations to more aptly fit the current landscape of the competitive telecommunications market. Although the changes...more

2/13/2014 - Filing Requirements Performance Bonds Telecommunications

Is the Future Test Year History?

Is the Future Test Year History? Public Service Company of Colorado (PSCo), a subsidiary of Xcel Energy, awaits final ruling by the Colorado Public Utilities Commission (CPUC) on whether its proposed future test year...more

2/11/2014 - Energy Public Utilities Commission Utilities Sector Utility Fees

Here’s an Energy Idea More Municipal Leaders Need to Consider

Municipal leaders, both first-termers and seasoned incumbents, are reviewing energy usage by and within their municipalities. The buck often starts and stops with using CFL light bulbs, installing LED traffic lights, and...more

1/7/2014 - Energy Consumption Local Governance Municipalities Urban Planning & Development

CFTC Makes Second Attempt at Imposing Position Limits on Key Energy Commodities

The Commodity Futures Trading Commission (CFTC) voted today to approve a revised "position limits" rule intended to limit speculation in derivatives markets for certain energy, agriculture, and metals commodities. The CFTC...more

11/6/2013 - CFTC Commodities Energy Oil & Gas

Supreme Court Accepts Appeal Challenging EPA’s Greenhouse Gas Rules

On Tuesday, the Supreme Court of the United States granted? six separate petitions for ?certiorari from a decision of the Federal Circuit Court for the District of Columbia upholding ?EPA’s efforts to regulate greenhouse gas...more

10/16/2013 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions SCOTUS

Arizona Corporation Commission Stops Looking Into Deregulation

On Wednesday, the Arizona Corporation Commission (ACC) voted to close its docket on ?electricity deregulation, based on concerns over the constitutionality of a deregulated electricity ?market in Arizona. The issue had been...more

9/16/2013 - Proposed Regulation Regulation

President Obama Outlines Approach for Addressing Climate Change

On Tuesday, President Obama described his administration's plans for addressing climate change in a speech at Georgetown University. "The question is not whether we need to act," said the President. "The question is whether...more

6/28/2013 - Barack Obama Clean Air Act Climate Change EPA Greenhouse Gas Emissions

CBO Issues New Analysis of Carbon Tax

The nonpartisan Congressional Budget Office (CBO) released a report yesterday about the impact of a carbon tax on the U.S. economy and the environment. According to CBO's analysis, the overall economic effect of a carbon tax...more


Investment in Clean Energy Dips in First Quarter of 2013

According to research from Bloomberg New Energy Finance, worldwide investment in clean energy dropped to its lowest level in four years during the first three months of this year. Total investment, which includes renewables,...more

4/26/2013 - Clean Energy Clean Tech Investors Production Tax Credit

NV Energy Proposes Legislation to Close Coal Plants, Invest in Renewables and Natural Gas

The Las Vegas Sun reported yesterday on NV Energy's proposal to begin decommissioning its existing coal-fired power plants and to accelerate its investments in renewable energy and natural gas generating capacity....more


Suntech Closing Goodyear Solar Plant; Blames U.S. Solar Tariff

Suntech announced last week that it will be closing its Goodyear, AZ panel manufacturing facility in April. The company blamed the closure on hefty tariffs imposed on Chinese solar cells by the U.S. International Trade...more

3/19/2013 - China Goodyear Solar Energy Suntech Tariffs

GE Takes Over Top Spot in Ranking of World's Largest Wind Turbine Manufacturers

According to a statement released earlier this month by BTM Consult, a division of Navigant, General Electric passed Denmark-based Vestas Wind Systems in 2012 as the world's largest manufacturer of wind turbines....more

3/4/2013 - General Electric Manufacturers Renewable Energy Wind Power

President Obama Includes Climate Change in Inaugural Speech

In his second inaugural speech yesterday, President Obama mentioned climate change and promised a response....more

1/23/2013 - Climate Change

Duke Acquires 10 MW PV Project in Arizona from SOLON

Duke Energy Renewables has acquired the 10 MW Black Mountain Solar Project near Kingman. The Project was developed by Tucson-based SOLON Corp. and is expected to achieve commercial operation in October 2013....more

1/17/2013 - 10 MW Black Mountain Solar Project Electricity EPA Photovoltaic Power Purchase Agreements Renewable Energy Solar Energy SOLON Corp.

Oxford Economist Criticizes Europe's Approach to Climate Change in New Book

A book by Oxford Economics Professor, Dieter Helm, is highly critical of the methods being used by European countries to reduce their carbon emissions in an attempt to mitigate the impacts of global climate change....more

10/30/2012 - Climate Change Greenhouse Gas Emissions Kyoto Protocol

Supreme Court Refuses to Hear Chevron's Appeal re $18 Billion Ecuador Contamination Case

On Tuesday, the U.S. Supreme Court denied Chevron's petition for certiorari from a decision of the Second Circuit Court of Appeals. Chevron had asked the federal courts for an injunction barring the enforcement of a $18...more


Last Federal Climate Change Case Dismissed by Ninth Circuit

Last Friday, the Ninth Circuit dismissed the last climate change lawsuit still pending in the federal courts to the best of my knowledge. Native Village of Kivalina v. ExxonMobil Corp. was a lawsuit by a small Alaskan village...more


ASU Selected to Lead Algae Research Under $15 Million DOE Grant

On Tuesday, the U.S. Department of Energy announced a $15 million grant to the Algae Testbed Public-Private Partnership (ATP3) led by ASU. ...more


DOE Announces $5 Million Grant to Arizona Universities for CSP Research

The U.S. Department of Energy (DOE) announced yesterday that it will invest $5 million over the next five years on research to improve the molten salt-based heat transfer fluids used in concentrating solar projects (CSP),...more


Two Arizona Renewable Energy Projects to Receive "Fast Track" Treatment from Federal Government

The Obama Administration announced last week "that seven nationally and regionally significant solar and wind energy projects will be expedited" through the applicable federal permitting and review processes. The two Arizona...more


D.C. Circuit Rejects Challenge to EPA's GHG Rules

Last week, the U.S. Court of Appeals for the District of Columbia Circuit dismissed a series of lawsuits challenging EPA's recently promulgated greenhouse gas (GHG) rules. You can read the full opinion here. The lawsuits...more


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