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EPA Announces It Will Release New Guidelines on Vehicle MPG Ratings

The EPA announced, on February 23, 2015, that it will release new guidelines for vehicle fuel economy testing. The new guidelines will apply next year and will address how vehicles should be prepared and broken in before fuel...more

New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings...more

Fracking: Yes! There’s Insurance Coverage for That!

Some people believe that “fracking” – the use of horizontal drilling and hydraulic fracturing technology – is a miracle, increasing the extraction of oil and gas from places deep under the ground where hydrocarbons were...more

CFTC Reopens Comment Periods

On February 24, the CFTC submitted for publication in the Federal Register a notice reopening the comment periods for the two Position Limit rulemakings, in anticipation of questions and comments that may arise from the...more

Scanning The Post-Burlington Northern CERCLA Landscape

Since the U.S. Supreme Court issued its landmark decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), holding that a party must “take intentional steps to dispose of a hazardous...more

Insurance Recovery Law - February 2015 #2

Separate Contract Serves to Limit Insurance Coverage for Deepwater Horizon Spill, Texas Supreme Court Rules - Why it matters: The Texas Supreme Court rejected BP’s $750 million claim for coverage under Transocean...more

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

FERC Technical Conferences Examining EPA Clean Power Plan Are Underway

At the close of 2014, the Federal Energy Regulatory Commission (“FERC”) announced that it would hold a series of technical conferences to examine issues surrounding compliance with the Clean Power Plan proposed by the U.S....more

The Clean Power Plan: A View from FERC, Part II - Infrastructure

Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last Thursday, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore...more

The Clean Power Plan: A View from FERC

It is innocuous enough: Conference on Environmental Regulations; but the plainness of title belies what is going on at the Federal Energy Regulatory Commission today. Today is the first public forum at FERC on EPA's Clean...more

The Supreme Court of Texas Marries Contractual Limitations to Insurance Policies

In a case that has been closely watched by the oil and gas industry and its insurers, the Supreme Court of Texas issued its opinion in In re Deepwater Horizon on February 13, 2015, and settled the debate concerning whether a...more

Texas Supreme Court grants review in seven cases (2/15)

The seven cases include issues about the following topics: - breach-of-contract issues under a gas-purchase agreement - applicability of the open-records laws to a nonprofit entity ...more

West Virginia Repeals The Alternative And Renewable Energy Portfolio Standard

On February 3, 2015, West Virginia repealed the Alternative and Renewable Energy Portfolio Act that was originally passed and adopted in 2009. ...more

California Launches Major Rulemaking to Amend Low Carbon Fuel Standard

I. LCFS Readoption - On February 19, 2015, the California Air Resources Board (ARB) will take feedback on proposed regulations implementing the readoption and updating of California’s Low Carbon Fuel Standard (LCFS),...more

"'Yieldcos' Present a New Growth Model for Renewable Energy Companies"

In the past few years, many energy companies with investments in renewable energy projects have considered forming “yieldcos,” with five formations in 2013 and 2014. A yieldco is a growth-focused public company, typically...more

EPA Seeking Small Business Input on Federal Plan for Carbon Emission Goals

Today the U.S. Environmental Protection Agency (EPA) announced that it will seek stakeholder input on the development of a federal plan for meeting the Clean Power Plan’s carbon emission goals. Earlier this month, the EPA set...more

Washington State Producers and Retailers of Mercury-Containing Lights Face New Regulations

The New Year brought with it new obligations for any company that produces or sells mercury-containing lights in (or into) Washington State. As of January 1, 2015, the State’s recycling program and corresponding funding...more

Interior Department Proposes to Open Offshore Atlantic Region to Oil and Gas Leasing

The Department of the Interior today announced that it will publish for public comment a draft proposed Five-Year Program (“DPP”) governing the leasing of offshore oil and gas for 2017 through 2022.  Interior’s DPP will...more

Energy Management Patent Triggers a Covered Business Method Review

Faced with a patent threat, renewable energy and climate change companies may have a new defense option – a Covered Business Method (CBM) proceeding. Ushered in less than 2 years ago as part of comprehensive patent reform...more

SHE Matters - Winter 2014/2015

In This Issue: - Fee For Intervention – Is It Set To Stay? - How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall - Review Of The Proposed Changes In The Sentencing Of Health...more

In New York, Failing to Timely Notify Insurance Carriers of a Pollution Incident May Cost You

On January 8, 2015, in Travelers Indem. Co. v. Orange & Rockland Utilities, Inc., the New York Appellate Division upheld a decision finding that Orange & Rockland Utilities Inc.’s notice to Travelers Indemnity Co. of...more

Corps Issues New Compensatory Mitigation Guidelines for California

The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.” The Guidelines will apply in the Corps’ San Francisco, Sacramento, Los Angeles,...more

UK Electricity Market Reform: 2014 – a year in review

2014 was a year of considerable progress in terms of UK Electricity Market Reform (EMR), the cornerstone of the Government’s plans to reform the electricity sector. In this note (part 2 of a series) we outline key EMR...more

Carbon Matters - Winter 2014/2015 (Global)

In This Issue: - EU Emissions Trading System - Surprise Agreement On The Road To Paris - Changes to climate change agreements on the horizon - Fracking – The Saga Goes On - In Brief - Excerpt from...more

IRS Releases Guidance on Performance and Quality Standards for Small Wind Energy Property

The IRS recently released Notice 2015-4 (the Notice), which provides performance and quality standards that small wind energy property (defined under section 48(c)(4) of the Code as property utilizing a “qualifying small wind...more

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