Administrative Agency Energy & Utilities

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
News & Analysis as of

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

MSHA decides that the White House’s Regulatory Freeze Does Not Apply to its New Rule

MSHA decided to move forward with its controversial Examination of Workplaces in Metal and Nonmetal Mines Rule without regard to a White House Memorandum requesting federal agencies to delay rules for sixty days. (see our...more

Summary of FERC Meeting Agenda for February 2017

On February 8, 2017, the Federal Energy Regulatory Commission issued a press release cancelling the monthly meeting to be held in February. Additionally, FERC stated that all forthcoming monthly meetings are pre-emptively...more

Drought Emergency Regulations Extended Again

Despite objections from many water suppliers that drought conditions have ended, the State Water Resources Control Board this week voted unanimously to extend emergency water conservation regulations throughout California....more

White House Issues Interim Guidance Memo on Implementation of "Two-for-One" Executive Order On Regulations, Invites Public Comment

On February 2, 2017, the Acting Administrator of the Office of Information and Regulatory Affairs (“OIRA”) issued a guidance document (the “Interim Guidance”) intended to help clarify President Trump’s January 30, 2017...more

No Quorum at FERC may Affect Ability to Consummate Dispositions of Jurisdictional Assets and Issuances of Debt

At the close of business on Friday, February 3, 2017, the Federal Energy Regulatory Commission (FERC) lost its legal quorum of three members when its former Chair, Norman Bay, resigned his post as a FERC Commissioner. Earlier...more

FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure

Commissioner resignation leaves agency without quorum necessary to issue major orders including approvals of natural gas pipeline permits and contested mergers. Key Points: ..Federal Energy Regulatory Commission is...more

MSHA Decision Pending on the Effective Date for the Workplace Examination Final Rule

On January 23, the Mine Safety and Health Administration (MSHA) issued its Final Rule for Examinations of Working Places in Metal and Nonmetal Mines. The final rule amends the existing workplace examinations standard and...more

Update: Trump's Busy First Week of Office

As reported last week in Bradley’s Governmental Affairs alert in A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions, the Trump administration took immediate action with regard to the Affordable Care...more

Potential Revisions to NRC Regulations Could Significantly Affect the Oil & Gas Industry

In response to a Government Accountability Office (GAO) sting operation which identified certain regulatory weaknesses, the Nuclear Regulatory Commission (NRC) is considering revisions to applicable security and...more

Summary of FERC Meeting Agenda for January 19, 2017

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

Texas Supreme Court Rules Pipeline Can Take Land by Eminent Domain

On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the...more

EPA Issues Final Determination That No Adjustments to GHG Standards for Model Years 2022-2025 Will Be Made, but Questions Remain

On January 12, the U.S. Environmental Protection Agency (EPA) finalized its determination not to change greenhouse gas (GHG) emission standards for cars and light trucks manufactured in model years (MYs) 2022-2025. This...more

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

[Webinar] 2017 MSHA Enforcement Initiatives and Rulemaking Outlook - Jan. 26th, 1:00pm EST

As we begin a new calendar year and look ahead to a new administration, industry should continue to stay informed as to MSHA’s regulatory agenda and enforcement initiatives. While MSHA will soon have new decision makers in...more

Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind...more

December 2016: Energy Litigation Update

Update on Clean Power Plan. In August 2015, the Environmental Protection Agency (“EPA”) finalized a new set of standards, now known as the Clean Power Plan (the “Plan”), aimed at reducing carbon emissions from fossil-fuel...more

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Obama Administration Announces New Financing and Innovation Actions for Renewable Energy

The Obama Administration recently announced new financing for renewable energy projects through several initiatives domestically and around the globe. From committing $125 million in Overseas Private Investment Corporation...more

As Agency Enforcement Efforts Mount, CFTC Prohibits Private Lawsuits Against RTOs/ISOs for Market Manipulation

Incidents of alleged fraud and market manipulation in the energy markets increasingly have received the attention of federal agency enforcement efforts, including the Federal Energy Regulatory Commission (FERC) and the...more

FERC Dismisses Electric Cooperatives’ Maryland Community Solar Program PURPA Case as Premature

On November 15, 2016, the Federal Energy Regulatory Commission (FERC) issued an order dismissing a petition for declaratory filed by two Maryland electric cooperatives requesting a FERC finding that regulations governing...more

FERC Enforcement Releases 2016 Annual Report

On November 17, 2016, the Federal Energy Regulatory Commission’s (FERC or “Commission”) Office of Enforcement (“Enforcement”) released its annual Report on Enforcement (the “2016 Report”). This year’s report is the 10th such...more

Ninth Circuit Expands the Octane Fitness Attorneys’ Fee Standard to the Lanham Act

Following several other circuits as well as patent law precedent, in SunEarth, Inc. v. Sun Earth Solar Power Co., the U.S. Court of Appeals for the Ninth Circuit recently made it easier for Lanham Act litigants to recover...more

Broadband Networks: FCC Says “One-Touch” Ordinance Does Not Violate Federal Law

The FCC has advised a federal district court that the City of Louisville, Kentucky’s “one-touch” make-ready ordinance does not violate the pole attachment provisions of federal law. Companies seeking to build new...more

Due Process Required for Environmental Remedy Selection: Appellate Division Rules NYSDEC Must Afford Responsible Parties an...

Hodgson Russ LLP and Greenberg Traurig LLP successfully challenged the New York State Department of Environmental Conservation’s (NYSDEC) ability to implement a remedy without first providing a party an opportunity for a...more

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