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Energy & Utilities Updates

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

Massachusetts Named Most Energy Efficient State for Seventh Consecutive Year by American Council for an Energy-Efficient Economy

For the seventh consecutive year, the American Council for an Energy-Efficient Economy (ACEEE) named Massachusetts the most energy-efficient state in the United States. The council’s 11th annual report, released September 28,...more

Arkansas Department of Health Engineering Section: Website Redesign

The Arkansas Department of Health (“DOH”) discussed in Volume 30 (No. 3) of the Fall 2017 edition of the publication Arkansas Drinking Water Update the redesign of its webpage. An article authored by Jeff Stone noted that...more

FERC Investigations: Uncertainty Continues as Two Federal Courts Differ on When FERC Must Bring Enforcement Actions in Federal...

by Nutter McClennen & Fish LLP on

Matt Connolly, a senior associate in Nutter’s Litigation Department, analyzed how the decision in FERC v. Barclays is yet another example of uncertainty in Federal Energy Regulatory Commission (FERC) enforcement actions...more

What Kind Of California Corporation Must Include A Salary Limitation In Its Articles Or Bylaws?

by Allen Matkins on

I suspect that at least a few California corporate lawyers are unaware of a provision in the California Corporations Code requiring the articles or bylaws of certain corporations to contain a limitation on the salaries paid...more

Renewable Energy Update - October 2017

by Allen Matkins on

Renewable Energy Focus - Governor Brown signs bill directing utilities to plan storage, DERs for peak demand - Utility Dive - Oct 12 - Governor Jerry Brown on Wednesday signed a bill directing utilities to plan...more

California Environmental Law & Policy Update - October 2017

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District of Southern California approves Delta tunnels project - Sacramento Bee - Oct 10 - Metropolitan Water District of Southern California (MWD) on Tuesday...more

Draft 2018 Assessment Methodology: Arkansas Department of Environmental Quality Solicits Comments

The Arkansas Department of Environmental Quality (“ADEQ”) announced the availability of the Draft 2018 Assessment Methodology (“Methodology”). ADEQ is providing a 30 day public comment....more

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

by Hogan Lovells on

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment...more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in...more

Ninth Circuit: US Must Pay Share of CERCLA Cleanup Costs at Former Military Plant

by Morgan Lewis on

The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions....more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

The House is not in session this week. The Senate is in session. Senate Appropriations — Subcommittee on Interior, Environment and Related Agencies markup of the “Interior, Environment, and Related Agencies Appropriations...more

Maryland Announces $3.5 Million In Funding For Animal Waste To Energy

by Bergeson & Campbell, P.C. on

The Maryland Energy Administration (MEA) issued a $3,500,000 funding opportunity for projects that use animal waste to generate electricity while reducing the environmental impacts that animal wastes can have on Maryland’s...more

Neste Issues Report On Changes In Energy, Transport, Chemical Markets

by Bergeson & Campbell, P.C. on

On October 5, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced the publication of its business environment outlook titled “Taking Action on Climate Change.” The report provides...more

PNNL, WSU Partnership Produce Byproducts From Biofuel

by Bergeson & Campbell, P.C. on

A collaboration between researchers at the Department of Energy's (DOE) Pacific Northwest National Laboratory (PNNL) and Washington State University (WSU) has led to the development of a method for converting hydrothermal...more

Corruption Crime and Compliance Podcast Episode 2 -- Ethics and Profits

by Michael Volkov on

With the increased focus on corporate culture, chief compliance officers have to educate the board and senior management on the inextricable link between an ethical culture and financial profitability. In this episode of...more

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more

Changes to Florida Emergency Rules for ALF and Nursing Home Generators

by Holland & Knight LLP on

As previously reported, Florida regulators have published emergency rules requiring nursing homes and assisted living facilities (ALF) to obtain generators and fuel sufficient to keep their facilities at 80 degrees or less...more

Bankruptcy Court Rules "Make-Whole" Provision Creates Enforceable Liquidated Damages

by Jones Day on

The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium in excess of $200...more

Sustainable Development Update - October 2017 #2

by Allen Matkins on

Sustainable Development Focus - California to create roadmap for commercializing microgrids - Microgrid Knowledge - Oct 6 - California is nearing the homestretch on a roadmap now being circulated for comment that aims to...more

Arkansas Natural Resources Commission Strategic Plan: FY2018 – FY2019

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF The Arkansas Natural Resources Commission (“ANRC”) recently issued its Strategic Plan...more

EPA Proposes to Repeal the Clean Power Plan

by White & Case LLP on

The United States Environmental Protection Agency’s (the "EPA's") October 10, 2017, proposed repeal of the Clean Power Plan (the "CPP") will hinder prior federal efforts under the Obama Administration to curb greenhouse gas...more

Currents - Energy Industry Insights - October 2017 #2

EPA Moves to Repeal Obama's Clean Power Plan Coal Regs - "EPA Administrator Scott Pruitt announced Monday that the Trump administration is moving to scrap the Clean Power Plan, the Obama administration's signature...more

When Condemnation Actions Go Wrong

by Nossaman LLP on

In the vast majority of cases, when a public agency exercises eminent domain, the only issue in dispute is the amount of just compensation the agency must pay for the property being acquired. Even in situations where a...more

France Moves Toward Ending All Regulated Tariffs for Natural Gas Sales

by Jones Day on

The Ruling: The Conseil d'État (France's Administrative Supreme Court) has ruled that the public service obligation to supply natural gas at regulated tariffs in France contravened EU law. In particular, it affirmed that no...more

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