Administrative Law, Energy & Utilities Law, Environmental 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

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

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

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

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

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

Greenhouse Gas Allowance Auction Revenues Possibly On Track to be Returned to Utility Customers

by Jill Jaffe, Martin Mattes | Nossaman LLP on 1/15/2013

On December 20, 2012, the California Public Utilities Commission ("CPUC") issued a decision directing the allocation of revenues generated by the investor-owned utilities' auctioning of greenhouse gas ("GHG") allowances...more

Energy And Environment Update -- January 13, 2013

by David Leiter, Sarah Litke | Mintz Levin - Environmental Law on 1/15/2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Commerce; Department of Energy; Environmental Protection Agency; Government Accountability Office;...more

Legislative Update Report No. 2013-01 -- Jan 11, 2013

by Osler, Hoskin & Harcourt LLP on 1/14/2013

In This Issue: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

California Environmental Law and Policy Update - January 10, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 1/11/2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

EPA’s 2012 Enforcement Results – What Do They Mean?

by Michael Volkov on 1/10/2013

Shortly before the end of the year, EPA released its annual review of its civil and criminal enforcement results for the Fiscal Year 2012....more

Leaked New York Department of Health Report: Hydraulic Fracturing Can Be Safely Conducted

by George Skupski | BakerHostetler on 1/10/2013

A previously confidential New York state agency report analyzing the human health impact of high-volume hydraulic fracturing (HVHF) operations released to a limited number of media outlets last Thursday concludes that HVHF...more

Energy And Environmental Law Alert: Feds Continue Aggressive Enforcement Of Emissions Limits For Power Plants

by Andrew W. Davis | Leonard, Street and Deinard on 1/10/2013

On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more

A Victory for Water Users in Siskiyou County

by Katrina Diaz, Paul Weiland | Nossaman LLP on 1/10/2013

Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

Energy and Environment Update -- January 6, 2013

by David Leiter, Sarah Litke | Mintz Levin - Environmental Law on 1/8/2013

In This Issue: Energy and Climate Debate; Congress; Department of Energy; Department of Interior; Department of Transportation; Environmental Protection Agency; Federal Trade Commission; Nuclear Regulatory Commission;...more

More Than Four Years Later, the Bush EPA Is Still Losing Court Decisions

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 1/8/2013

On Friday, the Court of Appeals for the District of Columbia Circuit rejected EPA’s approach to implementation of the PM2.5 NAAQS. The fine particulate NAAQS was first published in 1997, and EPA issued implementation rules...more

Patton Boggs Insights - December 2012: Enforcement: Refineries Hit With Big Penalties After Incidents

by Patton Boggs LLP on 1/8/2013

A one-two punch by government regulators has resulted in fines totaling more than a half million dollars against Sinclair Wyoming Refinery Co.’s refinery. Federal and state OSHA authorities slapped the company with $215,000...more

Recent Cases Show How CEQA’s Applicability And Substantive EIR Requirements Are Determined By Meaningful Agency Discretion

by Arthur F. Coon | Miller Starr Regalia on 1/8/2013

It is a fundamental precept of CEQA that it applies only to the discretionary approval of a project. If an agency has no discretion to deny or shape the project to address environmental concerns, CEQA review would be a...more

The Fiscal Cliff Deal’s Impact on Clean Energy - Contains key tax provisions for renewable energy but funding for USDA energy...

by Bryan M. Stockton | Mintz Levin - Energy & Clean Technology on 1/7/2013

Capping weeks of intense negotiations between the Obama Administration and Congressional leaders to avert the fiscal cliff, the House of Representatives late on the night of Jan. 1 passed HR 8, the American Taxpayer Relief...more

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Administrative Law › Energy & Utilities Law › Environmental Law