Administrative Law, Energy & Utilities Law

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Changes Ahead For The Texas Railroad Commission?

by Charles Sartain | Looper Reed & McGraw, P.C. on 4/24/2013

The Texas Railroad Commission is going through the Sunset review required every 10 years for all state agencies. If approved, the pending legislation (House Bill 2166) would...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

by Christopher Nestor, David Overstreet | K&L Gates LLP on 4/8/2013

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are...more

Summary of FERC Meeting Agenda - March 2013

by Donna M. Attanasio, Daniel A. Hagan, Earle H. O'Donnell | White & Case LLP on 3/20/2013

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Certificate Items - Excerpt from Electric Items: E-1: PJM Interconnection, L.L.C. (Docket No. ER13-198-000);...more

REGULATORY: FERC: D.C. Circuit Affirms FERC’s Authority to Grant Mobile-Sierra Protections to Non-Contract Rates

by King & Spalding on 3/6/2013

On February 15, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion upholding the authority of the Federal Energy Regulatory Commission (“FERC”) to grant protections similar to those offered...more

Illinois Commerce Commission Must Consider Public Comments

by Balough Law Offices, LLC on 3/6/2013

The Illinois Commerce Commission must consider comments made by ratepayers at public forums and on the Commission’s own website before setting new utility rates. Lake Wildwood Association and Apple Canyon Lake Property...more

Labor Letter, March 2013: MSHA's Still Making Its POV List, But No Longer Checking it Twice

by Matthew R. Korn | Fisher & Phillips LLP on 3/4/2013

Staying Off MSHA’s “Naughty List” - The Mine Safety and Health Administration (MSHA) recently released a Final Rule that significantly changes the way the Agency charged with protecting America’s miners enforces one of...more

Transmission easement – selected problems

by Remigiusz Rosicki on 3/1/2013

This paper analyzes the transmission easement institution based both on Polish civil law and legal solutions prepared on the basis of Polish administrative law. In the first case the analyzed solutions contained in...more

Judicial Scrutiny, Proposed Settlements and Avoiding Settlement Rejections

by Olen York III | Dinsmore & Shohl LLP on 2/25/2013

In August 2012, the Federal Mine Safety & Health Review Commission (“FMSHRC”), the body that oversees the legal administration and review process of contested violations by mine operators, determined that Commission...more

"Ontario Speech From The Throne", Focus On Public Policy, February 2013

by Cyrus Reporter, John Zerucelli | Dentons on 2/20/2013

On Tuesday, February 19th, 2013, the Honourable David Onley, Ontario's Lieutenant Governor, delivered the Wynne government’s Speech from the Throne in the Ontario legislature. Entitled The Way Forward, this speech officially...more

U.S. Fish And Wildlife Service Approves Habitat Conservation Plan

by Ben Rubin | Nossaman LLP on 2/18/2013

On February 14, 2013, the U.S. Fish and Wildlife Service announced that it had approved a Habitat Conservation Plan (HCP) and incidental take permit (ITP) for the Edwards Aquifer Recovery Implementation Program. In addition...more

District Court Upholds Federal Grant Of Right-Of-Way To Private Wind Energy Developer

by Sue Meyer | Nossaman LLP on 2/7/2013

In Sierra Club v. Kenna, 2013 U.S. Dist. LEXIS 4743, *1 (January 11, 2013), the United States District Court for the Eastern District of California upheld the Bureau of Land Management’s (BLM) grant of right-of-way over...more

"Responsible Energy Development Act – A Sea Change In Energy Project Regulation? Stay Tuned", Focus On Energy, January 2013

by Shauna N. Finlay, Bernard Roth | Dentons on 1/31/2013

On October 24, 2012, the Alberta Minister of Energy introduced Bill 2 – the Responsible Energy Development Act (“Responsible Energy Act”) in the Alberta Legislature. On November 21, 2012, Bill 2 passed third reading and was...more

Court Rejects Challenge to California’s Carbon Offsets Program

by Allison Davis | Davis Wright Tremaine LLP on 1/30/2013

A California state judge in San Francisco has rejected a challenge to California’s carbon offsets program, ruling that regulators have the authority to include the mechanism in the cap-and-trade program for greenhouse gases....more

California’s Draft Hydraulic Fracturing Regulations Offer Substantial Trade Secret Protection for Operators

by Megan Cesare-Eastman, David Overstreet | K&L Gates LLP on 1/22/2013

California’s Monterey shale, underlying a substantial portion of California, from Los Angeles to San Francisco, is estimated to hold 400 billion barrels of oil, or as much as 64% of the total shale oil reserves in the...more

U.S. Energy Regulation, Development & Finance

by Michael Hindus, Robert James | Pillsbury Winthrop Shaw Pittman LLP on 1/21/2013

The U.S. energy and infrastructure sectors have undergone dramatic change since 2006, the year of Pillsbury’s first contribution to the Getting the Deal Through publications. Natural gas production and reserves have increased...more

DISPUTE RESOLUTION: Oil & Gas Litigation: Seven States Threaten to Sue to Force EPA to Address Methane Emissions from Oil and Gas...

by King & Spalding on 1/18/2013

New York, Connecticut, Delaware, Maryland, Massachusetts, Rhode Island, and Vermont recently sent EPA Administrator Jackson a Clean Air Act Notice of Intent to Sue based on the Agency’s failure to take certain actions...more

FERC Adopts Guidelines for Allocation of Capacity on New Merchant Transmission Projects & New Cost-Based Participant-Funded...

by James Mitchell | Davis Wright Tremaine LLP on 1/18/2013

The Federal Energy Regulatory Commission acted at its meeting on January 17, 2013, to facilitate non-discriminatory access to the transmission grid by (a) issuing guidelines for allocation of capacity on new merchant...more

New Biogas Rules to be Considered at California Public Utilities Commission

by Clothilde Hewlett, Jill Jaffe, Martin Mattes, Josh Rosa | Nossaman LLP on 1/18/2013

Upcoming decisions of the California Public Utilities Commission ("CPUC") on two matters related to biogas will substantially influence market opportunities for instate biogas producers for the foreseeable future. The CPUC is...more

Summary of FERC Meeting Agenda - January 2013

by Donna M. Attanasio, Daniel A. Hagan, Earle H. O'Donnell | White & Case LLP on 1/18/2013

In This Issue: - Administrative Items - Electric Items - Gas Item - Hydro Items - Certificate Item Excerpt from Hydro Items: H-1 Annual Charges for Use of Government Lands (Docket No. RM11-6-000)...more

Renewable Energy Update -- January 15, 2013

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 1/17/2013

In This Issue: Renewable Energy Focus - Thermal Energy Storage Market to Reach $3.6 Billion Worldwide by 2020; Ocotillo Wind Project Now Delivering Power Via Sunrise Powerlink Transmission Line; Navy signs off on solar...more

TRANSACTIONAL: Corporate/London: Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves...

by King & Spalding on 1/17/2013

Despite the 1982 United Nations Convention of the Law of the Sea (UNCLOS) providing nations with a 200 mile offshore area (an “Exclusive Economic Zone) for exploiting maritime reserves, international waters remain...more

Energy Newsletter - January 2013

by King & Spalding on 1/17/2013

In This Issue: - TRANSACTIONAL: Corporate/London; Maritime - Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves and the effect on the oil and gas industry -...more

Patton Boggs Insights - December 2012: Chemical Safety Board: Roundup of Current CSB Investigations

by Patton Boggs LLP on 1/16/2013

At least six incidents are currently under investigation by CSB. A fire in August at a Chevron refinery in Richmond, CA involved the release of a flammable vapor....more

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Administrative Law › Energy & Utilities Law