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Administrative Agency Energy & Utilities

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Legislature Authorizes, But Limits, Water and Sewer Impact Fees

by Smith Anderson on

Controversy and litigation have erupted in North Carolina in recent years with regard to water and sewer impact fees levied by cities and counties on new real estate development. The fees are authorized in "local bill" State...more

Supreme Court of Canada clarifies when regulatory bodies may be relied on to fulfill the Crown’s duty to consult Aboriginal...

by Dentons on

As the Supreme Court of Canada (SCC) explained in Haida and Carrier Sekani, it is open to legislatures to empower regulatory bodies to play a role in fulfilling the Crown’s duty to consult Aboriginal peoples. Carrier Sekani...more

FERC Quorum Restored, New Chairman Named

by Pierce Atwood LLP on

On August 4, the Senate confirmed Neil Chatterjee and Robert Powelson as FERC Commissioners. Commissioner Chatterjee was sworn in on August 8 and Commissioner Robert Powelson was sworn in today, August 10....more

ExxonMobil Fined $2 Million for Ukraine/Russia Sanctions Violations

by Holland & Knight LLP on

On July 20, 2017, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) announced a $2 million civil monetary penalty against Exxon Mobil Corp., including its U.S. subsidiaries ExxonMobil Development...more

Cause for Concern Over Organic Fertilizer Made from Food Waste?

by Downey Brand LLP on

In December 2016, the National Organic Program (NOP) issued guidance 5034-1 that can be interpreted as approving of food waste for use in organic crop production (for example, as an input in fertilizer) without regard to...more

Texas Utility Company Sends in the Drones to Inspect 5-Miles of Power Lines

More and more utility companies are finding drones (or more formally, unmanned aerial vehicles (UAV)) useful, and cost effective, to inspect power lines in lieu of sending up their employees to carry out the dangerous task....more

The BKPM Is Licensing Authority In Oil And Gas Matters

by Morgan Lewis on

The Indonesian Minister of Energy and Mineral Resources (MoEMR) has delegated additional authorities to the Indonesian Investment Coordinating Board (Badan Koordinasi Penanaman Modal - BKPM) in issuing certain licenses for...more

NC Legislative Update: End of Session Wrap

by Nexsen Pruet, PLLC on

2017 Session - After 23 weeks of session, lawmakers adjourned the 2017 long session of the North Carolina General Assembly on June 30th. The Adjournment Resolution passed by both bodies reconvenes the legislature on...more

Trump to Nominate Kevin McIntyre as FERC Chairman

by Pierce Atwood LLP on

Last week, President Donald Trump announced his intention to nominate Republican Kevin J. McIntyre to be the Chairman of the Federal Energy Regulatory Commission (FERC). FERC has been operating without a quorum since the...more

Canadian Government's Proposal to Reform Canada's Environmental Assessment and Regulatory Regime

by Bennett Jones LLP on

On June 29, 2017, the federal government released a discussion paper entitled "Environmental and Regulatory Reviews" ("Discussion Paper"), which proposes broad changes to the federal environmental assessment and regulatory...more

NTSB Publishes Two Rules Governing Agency Investigative Regulations

by Holland & Knight LLP on

The National Transportation Safety Board (NTSB) on June 29, 2017, published a final rule covering 49 C.F.R. 831 subparts A-D and an interim final rule for 49 C.F.R. 831 subpart E, both of which are effective July 31, 2017...more

Article: June 2017: Energy Litigation Update

New Administration Leads to Pause of Major Energy-Related Litigation. In March, President Trump signed an executive order directing the Environmental Protection Agency (“EPA”) to “suspend, rescind, or revise” several...more

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings

by Downey Brand LLP on

After five parched years, substantial winter rains and Sierra snowpack have brought California a long-sought reprieve from drought, though not without presenting a new set of challenges. In February, nearly 200,000 residents...more

Trump to Nominate Richard Glick as FERC Commissioner

by Pierce Atwood LLP on

Last night, President Trump announced that he intends to nominate Richard Glick, the Democratic general counsel for the Senate Energy and Natural Resources Committee, as a FERC Commissioner, to fill Commissioner Honorable’s...more

Senate Committee Votes "Yea" on FERC Nominees

by Pierce Atwood LLP on

The Senate Energy and Natural Resources Committee just voted on the nominations of Neil Chatterjee and Rob Powelson to be FERC Commissioners. ...more

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

DC Circuit Considers When a Voluntary Remand Is Appropriate

The endless variety of federal regulatory programs are subject to the requirements of federal administrative law, i.e., the Administrative Procedures Act (APA). The APA is chiefly the province of the U.S. Court of Appeals for...more

Does FERC's Authority to Delegate Functions to Staff Survive the Loss of an Agency Quorum?

by Stinson Leonard Street on

On May 25th, the Senate Committee on Energy & Natural Resources will hold hearings on President Trump's nominations to fill two commissioner vacancies on the Federal Energy Regulatory Commission (FERC). If confirmed, the...more

ManattJones Global Strategies - May 2017

CEO Executive Summary: Early April felt almost normal. There was no blowup in U.S.-Mexico relations and the Mexican economy performed well. Then came President Trump’s renewed broadsides, insisting that Mexico will pay for...more

Change is Coming for CPUC Procedures

by Davis Wright Tremaine LLP on

Spring cleaning has come to the California Public Utilities Commission (CPUC) as it sets on a path to overhaul its Rules of Practice and Procedure. On May 4, 2017, Administrative Law Judge Wildgrube issued Draft Resolution...more

Customs withdraws Notice of Proposed Modification regarding the application of coastwise laws

by Thompson Coburn LLP on

On May 10, 2017, the U.S. Customs and Border Protection Agency withdrew its notice of proposed modification and revocation of a series of letter rulings relating to its position on the application of the coastwise laws to the...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Federal Court Halts Lawsuit Consideration over Obama’s Clean Water Rule; Pruitt Recruits Governors to Shape New EPA Water...

One of President Trump’s early campaign promises was to dismantle the 2015 Clean Water Rule, the Obama administration’s regulation asserting federal power over navigable bodies of water and aiming to replace polluting...more

Trump to Nominate Neil Chatterjee and Rob Powelson for FERC Vacancies

by Pierce Atwood LLP on

Monday night, President Donald Trump announced his intention to nominate Republicans Neil Chatterjee and Rob Powelson to the Federal Energy Regulatory Commission (FERC). FERC has been operating without a quorum since the...more

Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program...

by Downey Brand LLP on

In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more

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