Administrative Agency Energy & Utilities

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A Brave New World of Water Regulation

A brave new world of water regulation - Since the state of California was born, the right to extract and use groundwater has been virtually unregulated — the law has provided few tools to limit or manage how...more

California Cities and Counties Must Expedite Their Permitting Processes for Small Residential Rooftop Solar Systems by Sept. 30,...

Under AB 2188, recently signed by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems....more

Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new...more

TSCA on Hydraulic Fracturing: Gateway to New Federal Rules?

Historically, states have taken the lead in regulating oil and gas development given the states’ primary interest in securing rational oil and gas development in their own boundaries. Hydraulic fracturing—a 60-year-old...more

The Latest Update on Aviation Regulatory Matters Involving DOT, FAA, TSA, and Other Federal Agencies

Congressional Action Impacting Aviation - Senate Commerce Committee Chairman Requests Airline Information on Ancillary Service Fees, Consumer Privacy Protection: Senator John D. Rockefeller, IV, chairman of the...more

Summary of FERC Meeting Agenda - September 2014

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 18, 2014 meeting, pursuant to the agenda as issued on September 11, 2014. Agenda Items E-13, E-15 and G-2 have not been...more

EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions...more

Temporary Economic Reinstatement Not a Preliminary Remedy in a Miner's Discrimination Case

Administrative Law Judge (“ALJ”) David Simonton recently held that a miner’s demand for “temporary economic reinstatement,” instead of accepting actual reinstatement, is not an available remedy under the Mine Act during the...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

California Environmental Law and Policy Update - September 2014 #2

Environmental and Policy Focus: House GOP bill would speed up environmental reviews: KPCC - Sep 9: As negotiations over compromise drought legislation flounder in Congress, House Republicans are pursuing an alternative...more

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

D.C. Circuit Upholds FERC's Order No. 1000

On August 15, 2014, the D.C. Circuit issued a per curiam decision rejecting challenges to the Federal Energy Regulatory Commission's Order No. 1000 rulemaking brought by certain petitioners, including state regulatory...more

California Environmental Law and Policy Update - September 2014

Environmental and Policy Focus: Federal agency to resume leasing for hydraulic fracturing in California: ABC News - Aug 28: The U.S. Bureau of Land Management will resume issuing oil and gas leases next year for...more

Ontario Superior Court Upholds Consultation

Wabauskang First Nation v. Minister of Northern Development and Mines et al., 2014 ONSC 4424 (Decision) involved a decision of the Director of Mine Rehabilitation (Director) to acknowledge a Production Closure Plan (PCP)...more

ML Strategies Energy and Environment Update: August 2014 #2

ENERGY AND CLIMATE DEBATE - With Congress preparing to return to Washington, efforts are underway to fill the two-week session with negotiations on a continuing resolution and votes on several pre-election issue...more

How Low Will They Go? A Lower Ozone NAAQS Begins to Have An Air of Inevitability

On Friday, EPA released its “Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards.” EPA staff concluded: that it is appropriate in this review to consider a revised primary O3 standard level...more

Federal Agencies Cannot Be Fined for Reliability Standard Violations

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

D.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure

The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some...more

City of San Diego's Settlement Over Alleged MS4 Permit Violations Results in Crackdown on Out-Of-Compliance Projects

On August 13, 2014, the San Diego Regional Water Quality Control Board approved a two-part settlement with the City of San Diego for violations of the City's Municipal Separate Storm Sewer System ("MS4") permits. Most of the...more

Pennsylvania Public Utilities Commission Appeals Act 13 Ruling to State Supreme Court

The Pennsylvania Public Utilities Commission (PPUC) is asking the state Supreme Court to review a July ruling by the Pennsylvania Commonwealth Court that strips PPUC of its authority to review and approve local drilling...more

Non-Incumbent Transmission Developers Win with Court’s Affirmance of FERC’s Order No. 1000

Non-incumbent transmission developers scored a big win last week. As we previously reported here, the D.C. Circuit Court of Appeals upheld FERC’s Order No. 1000. Among other things, Order 1000 mandated that a regional...more

D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

The court turned back all challenges to FERC’s order, which imposed major regional transmission planning requirements, concluding that FERC has adequately justified the order and acted within its statutory authority....more

California District Court Dismisses ESA Section 7 Case for Failure to Allege that Agency Action Took Place on the "High Seas"

On August 12, a judge for the Northern District of California granted a motion to dismiss claims alleging that a federal agency violated section 7 of the Endangered Species Act (ESA) by failing to consult with federal...more

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

EPA Regulation of Greenhouse Gases

The United States Supreme Court ruled in June that the Environmental Protection Agency (EPA) must reduce its authority to regulate greenhouse gas emissions from stationary sources. The EPA tried to increase two of its permit...more

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