Administrative Agency Energy & Utilities

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EPA’s Clean Power Plan: Potentially New and Improved?

On Tuesday, EPA issued a Notice of Data Availability, requesting further comment on some specific issues that have been raised since it published its draft Clean Power Plan in June. My immediate reaction? My head hurts....more

BRAG® Petitions EPA for Biodiesel Products CDR Exemptions Already Granted to Petroleum Products

On October 21, 2014, the Biobased and Renewable Products Advocacy Group (BRAG®) submitted petitions to the U.S. Environmental Protection Agency (EPA) requesting that biodiesel fuel manufacturers be granted the same Chemical...more

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

D.C. Circuit Grants Motion to Stay Issuance in Order No. 745 Cases

As we previously reported, on May 23, 2014, the D.C. Circuit vacated FERC’s Demand Response Order No. 745, holding that the order (1) exceeded FERC’s jurisdiction, and (2) was arbitrary and capricious, particularly in its...more

FERC’s Order 745 — Still In Effect For Now

The D.C. Circuit Court of Appeals has stayed its mandate vacating FERC Order no. 745, regarding demand response. The mandate is stayed at least until December 16, 2014, by which point FERC must petition the Supreme Court for...more

Maine Supreme Court Backs Passadumkeag Windpark LLC

The Maine Supreme Judicial Court issued a decision this week that upholds a decision by the Board of Environmental Protection that approved a wind energy project proposed by Passadumkeag Windpark, LLC....more

Advocacy Group Sues EPA Over 2014 RFS Agency Communications

On October 21, 2014, Citizens for Responsibility and Ethics in Washington (CREW) sued EPA. The suit was filed in the U.S. District Court for the District of Columbia. CREW alleges that EPA failed to comply with its Freedom of...more

FERC Accepts Almost All of the CAISO's Proposed Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements

On October 16, 2014, the Federal Energy Regulatory Commission (“FERC”) issued an Order on Tariff Revisions, FERC Docket No. ER14-2574, conditionally accepting, with two substantive modifications, tariff changes proposed by...more

Uncertainty Prevails as Illinois Delays a Decision on Fracing Regulations

Last week, Illinois’s Joint Committee on Administrative Rules voted to push back its decision about whether to approve proposed rules governing horizontal fracturing operations until November 6. The delay promises to fuel...more

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

EPA Extends Comment Period on Significant Proposed Rule Under the Clean Water Act

The U.S. Environmental Protection Agency (“EPA”) announced that it has extended the comment period on a proposed rule that has the potential to significantly expand the authority of the EPA and the U.S. Army Corps of...more

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

Groundwater Basin Boundaries and Priorities Will Impose New Management Challenges on Local Agencies

The Sustainable Groundwater Management Act, which takes effect Jan. 1, requires that the Department of Water Resources categorize each of California’s 515 alluvial groundwater basins and subbasins as high, medium, low, or...more

MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural...more

Status of Canadian Resource Revenue Transparency Reporting

In June 2013, Prime Minister Harper announced that within two years the federal government would establish mandatory reporting standards for Canadian extractive companies to enhance transparency on the payments they make to...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 10/14

EPA Schedules SAP Meeting On Endocrine Activity: On September 16, 2014, the U.S. Environmental Protection Agency (EPA) announced that it has scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide...more

Summary of FERC Meeting Agenda - October 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Excerpt from Electric Items: E-2: Association of Business Advocating Tariff Equity, Coalition of MISO...more

Oil & Gas Law Alert: SB 4 Well Stimulation Treatment Regulations - Second Revised Text of Proposed Regulations

On Thursday, October 9, 2014, the California Department of Conservation ("Department") issued public notice of the Second Revised Proposed Regulations for SB 4 Well Stimulation Treatment Regulations ("Second Revised...more

What a Shock?! Nebraska’s Early Challenge to EPA’s Clean Power Plan Is Dismissed

Opponents of EPA’s Clean Power Plan have not been willing to wait until a final rule has been promulgated before challenging EPA’s authority. On Monday, Nebraska’s challenged was dismissed – not surprisingly – as premature....more

First District Holds CEQA’s Application To Public Agency’s Approval of Railroad Operations Is Preempted By Federal Law Despite...

The North Coast Railroad Authority (NCRA), a public agency established by state law, contracted with Northwestern Pacific Railroad Company (NWPRC) to allow NWPRC to conduct freight services on tracks controlled by NCRA....more

Focus on Regulatory Law - October 2014

In This Issue: - Regulatory Authorities - Energy - Public Economy Law - State Aid - Contract - Public Health - In Brief - Excerpt from Regulatory Authorities: French Competition...more

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the...more

The Atmosphere Is a Public Trust. So What?

The last frontier of citizen climate litigation has been state-based litigation alleging that states have a public trust obligation to mitigate climate change. As I have previously noted, I’m skeptical that these cases are...more

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

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