Administrative Agency Construction Energy & Utilities

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Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

New Law Allows Mining Operators to Remedy Compliance Issues and Retain AB 3098 List Status

Mining companies are subject to myriad requirements under the Surface Mining and Reclamation Act (SMARA) and implementing regulations that can trip up even the most diligent of operators from time to time. When a potential...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

Mind Your Administrative P's & Q's When Rejecting Energy Code Changes

The Court of Appeals of the State of New Mexico handed down a limited win for energy code advocates, holding that adopting changes to building codes that removed energy conservation provisions without any justification...more

Key Energy Tax Provisions Included in ‘Fiscal Cliff’ Legislation

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 to address the tax rate hikes and expiring tax incentives to avert the “fiscal cliff.” President Obama signed the legislation into law on January...more

EPA Tightens Air Quality Standards for Fine Particles

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more

Patton Boggs Insights - December 2012: Agencies: Fatalities, Injuries Decline In 2011

A total of 4,609 workers died on the job nationwide in 2011 compared to 4,690 in 2010, according to preliminary data released recently by the Bureau of Labor Statistics. The equivalent rates were 3.5 and 3.6 per 100,000...more

DISPUTE RESOLUTION: Tort Litigation: FERC Denies Marcellus Shale Natural Gas Radon Lung Cancer Risk Claim by Ralph H. Johnson

The Federal Energy Regulatory Commission (FERC) recently rejected claims that radon in Marcellus Shale natural gas would lead to thousands of lung cancer deaths. These claims arose from FERC’s May 21, 2012 grant of a...more

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

California’s Contractors’ State License Law, Business & Professions Code Section 7000 et seq., requires contractors to be licensed unless they are exempt from licensure. Those who perform contracting work without a license...more

Opportunities and Risks in Green Buildings -- Be careful not to overstate certifications and other environmental achievements

Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

New State Bill to Bring Community-Based Renewable Energy to California

Environmentally minded renters who are unable to install solar panels on their roofs because they don’t own their buildings, will have a new way to take part in the generation of solar power, and benefit as a result, if SB843...more

Green Building Newsletter -- October 2012

In This Edition: Law & Policy Updates: ..The LEED v4 (formerly LEED 2012) Controversy ..Related Industry Events ..Recent Article & News ..Questions or Comments? Excerpt from Law & Policy...more

Renewable News - Fall 2012

In This Issue: 1. Kansas is No. 1 in the Nation for Wind Project Construction 1. Polsinelli Energy Attorneys Write Cover Article in North American Windpower 3. So What Does ‘All Of The Above’ Mean...more

The Shale Play Today - August 2012

In This Issue: - Aggregation: Common Sense Prevails & EPA Loses Major Clean Air Act Decision - Pa. PUC Begins Enforcement of Portions of Act 13 - Marcellus Shale Activity Boosts W.Va. Construction Industry -...more

Renewable Energy Update -- August 21, 2012

In This Issue: Renewable Energy Focus - 9th Circuit Won't Block Solar Plant Construction; China's Sinopec Invests in Texas Clean Power Project; New Mexico Utility Gets Green Light For Renewable Energy Rider; IPL...more

It’s Out: The Latest Draft Permit For California Industrial Storm Water Dischargers

The State Water Board is moving closer to reissuing the Industrial General Storm Water Permit (IGP) with the release of a draft for public review and comment. This lengthy draft differs substantially from current requirements...more

Green Building Update -- July 18, 2012

In This Issue: Green Building Focus -- Cities, not nations, are taking action on climate change; The 10 largest green roofs; Detroit rising: from garage to net zero biz incubator; eBay to build America's largest fuel...more

Ontario Announces Summer Safety Inspection Blitz Of Crane Safety And Surface Mines And Quarries

The Ontario Ministry of Labour recently announced a summer safety inspection blitz targeting construction sites with mobile and tower cranes, as well as surface mines and quarries, as part of its Safe at Work Ontario...more

Designation of Western Energy Corridors: Proposed Settlement Between Environmental Groups and Federal Agencies Would Revise...

Procedures for designation of West-wide Energy Corridors pursuant to Section 368 of the Energy Policy Act of 2005 are to be revised to allay concerns that (i) construction of energy-related facilities within such corridors...more

The Real Estate Green Agenda

In This Presentation: - Introduction - The Green Agenda - Key Drivers to Sustainability in the UK - The UK Legislative Landscape - Who is Influencing The Green Agenda - Sources of Green...more

Green Building Update -- July 9, 2012

In This Issue: Green Building Focus -- Chemical makers say new LEED v4 rules will cost jobs; USGBC launches Global Initiative on Urban Resilience; SFPUC green headquarters opens; DOE funds energy efficiency training...more

Summary of New Ohio Oil & Gas Legislation

On June 11, 2012, Ohio Governor John Kasich signed Senate Bill 315 (“S.B. 315”) into law. S.B. 315 addresses a wide array of issues and substantially revises the sections of Revised Code 1509 and Revised Code 4906. S.B. 315...more

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