Administrative Agency Energy & Utilities Environmental

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Court Upholds CARB Regulations Implementing Cap and Trade Program to Reduce Greenhouse Gas Emissions

On February 23, 2015, the California Court of Appeal affirmed a trial court decision upholding regulations adopted by the California Air Resources Board (“CARB”) under the California Global Warming Solutions Act of 2006 (“the...more

District Court Rejects Challenge to Wind Farm Permitting, Finds No Violation of ESA or Eagle Protection Act

This month a federal court in Maine rejected a challenge to a permit issued by the U.S. Army Corps of Engineers (Army Corps) for the Oakfield wind power project. The court determined that the Army Corps did not violate the...more

Center for Biological Diversity Files Complaint Against Federal Agencies to Halt Offshore Fracking in California

On Thursday, Feb. 19, the Center for Biological Diversity (“CBD”) filed suit against the Bureau of Ocean Energy Management (“BOEM”), the Bureau of Safety and Environmental Enforcement (“BSEE”), and the Department of the...more

Development Of Brackish Groundwater For Hydraulic Fracturing Operations: Regulatory And Policy Issues

A. The Brackish Groundwater Resource Opportunity. According to the Texas Water Development Board (“TWDB”), more than 2.7 billion acre-feet of brackish groundwater exists within the State of Texas. Texas has numerous...more

Federal Court Remands Renewable Energy Project for Additional Explanation; Delay Ensues

Last week, a federal district court in Nevada ruled that the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (FWS) failed to adequately explain a decision to authorize a proposed wind energy project. The...more

Broader Regulation of Offshore Contractors on Horizon

On November 12, 2014 the Bureau of Safety and Environmental Enforcement (BSEE) strongly signaled a forthcoming review of its offshore facility decommissioning regulations and regulatory authority over contactors. While the...more

Déjà Vu All Over Again: CLF and CWRA Try Once More to Get EPA to Regulate Stormwater Discharges to the Charles River

In 2008, EPA made a preliminary determination to use its residual designation authority (RDA) under the Clean Water Act to designate stormwater discharges from two or more acres of impervious surfaces in the Lower Charles...more

EPA and Sierra Club Reach Partial Settlement in Ozone SIP Litigation

The U.S. Environmental Protection Agency (EPA) and the Sierra Club have entered into a proposed consent decree that would partially resolve a lawsuit brought by the Sierra Club against the agency. Notice of the proposed...more

Russia: Environmental Liability for Off-Shore Oil and Gas Operations

Russian off-shore subsoil use operations: status and perspectives - After Rosneft's recent discovery of substantial light oil and gas reserves at the Universitetskaya-1 well in the Kara Sea, regular development of...more

Year in Preview: 2015 Heralds Big Changes Under the Clean Air Act

Not only has a new interstate pollution and allowance trading regime kicked in (effective Jan. 1), but the agency has announced that it will publish final carbon standards this summer for new and existing power plants and...more

Procedures Introduced to Administer and Coordinate First Nation Consultation

On February 4, 2015, the Aboriginal Consultation Office (ACO) and the Alberta Energy Regulator (AER) released the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures). ...more

Clean Water Environmental Issues for 2015

There are a handful of legal and regulatory issues on the horizon in 2015 that are worth watching. Some of these issues, like the U.S. Environmental Protection Agency’s (EPA’s) Cooling Water Rule and the U.S. Army Corps of...more

US Dept. of Commerce Initiates 2nd Administrative Review for 2012 Chinese Solar CSPV Products Antidumping Duty and Countervailing...

On February 4, 2015, the U.S. Department of Commerce (through the International Trade Administration or ITA, part of the U.S. Department of Commerce) published a notice initiating the 2nd annual Administrative Review for the...more

Now is the WOTUS of Our Discontent….

“Waters of the United States” or “WOTUS” in the esoteric taxonomy of the Clean Water Act (“CWA”), is a term with which many are becoming increasingly familiar. This deceptively simple phrase is anything but simple in its...more

FutureGen is Dead. Long Live CCS.

Although there is no news on DOE’s web site as of today, apparently FutureGen 2.0 is dead.  DOE stopped federal funding.  The FutureGen Alliance has already asked DOE to reconsider, but that seems unlikely at this point....more

EPA’s Fiscal Year 2014 Civil Enforcement Results Reveal Agency’s Shifting Focus

Despite a decline in civil environmental enforcement results, EPA remains poised to continue pursuing high stakes enforcement cases in 2015. On December 18, 2014, the US Environmental Protection Agency (EPA) released...more

California Supreme Court To Resolve Appellate Court Split on Federal Preemption in Railroad Regulation

On December 10, 2014, the California Supreme Court granted petition for review in Friends of the Eel River v. North Coast Railroad Authority to resolve a split between the First and Third District Courts of Appeal. (230...more

MassDEP Finalizes Underground Storage Tank Regulations

MassDEP’s new regulations governing Underground Storage Tanks (USTs) became effective January 2, 2015.  MassDEP took responsibility for USTs from the Department of Fire Services in 2009 and initially relied on existing...more

MEPA Climate Change Adaptation and Resiliency Policy Available for Public Comment

The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is accepting public comments on its proposed draft Massachusetts Environmental Policy Act (MEPA) Climate Change Adaptation and Resiliency Policy...more

California Environmental Law and Policy Update - January 2015

Environmental and Policy Focus: U.S. Supreme Court keeps in place protections for California's delta smelt - The U.S. Supreme Court last week kept in place environmental orders in California that protect the...more

Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules

After years of relative easing in its interpretation of the Resource Conservation and Recovery Act rules that govern industrial recycling, the Environmental Protection Agency is now taking a harder line. A recently issued...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 1/15

Predictions And Outlook For EPA's Office Of Chemical Safety And Pollution Prevention (OCSPP) 2015: 2015 will be a very interesting year. There are two overarching considerations that will make the year more difficult to...more

2015 Oil and Gas Regulatory Outlook

The U.S. government recently announced plans for a number of regulatory initiatives in 2015 that will affect the oil and gas industry. Planned Federal Regulations Target the Oil and Gas Industry Twice per year, the U.S....more

SB 4 Well Stimulation Treatment Permanent Regulations Finalized

On December 30, 2014, the California Office of Administrative Law (“OAL”) approved the Final Permanent Well Stimulation Treatment Regulations (“Permanent Regulations”). The regulations go into effect on July 1, 2015, and the...more

DOI Proposes Overhaul Of Federal And Indian Mineral Lease Royalty Valuation Standards

On January 6, 2015, the Department of the Interior’s Office of Natural Resources Revenue (“ONRR”) issued a proposed regulation that would substantially modify existing regulations in 30 C.F.R. Part 1206 for the valuation for...more

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