Energy & Utilities Updates

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

FCC Slams Door to Higher Pole Attachment Rates

After kicking open a door to potential annual pole attachment rental increases in the hundreds of millions of dollars when it adopted its February 2015 Net Neutrality order, the Federal Communications Commission yesterday...more

MATS, Take Two: EPA Still Supports the Rule (And EPA Is Correct)

Late last week, EPA issued a Supplemental Finding, concluding that it is still “appropriate and necessary” to regulate hazardous air pollutants from coal- and oil-fired electric generating units. The Supplemental Finding was...more

Just Like Any Good Recipe, Alberta’s Climate Leadership Plan Has a Little Bit of Everything

On Sunday, November 22, 2015, just days before the United Nations conference on climate change in Paris, Alberta released its Climate Leadership Plan (Plan) together with the Climate Leadership Report (Report) upon which it...more

Updates on Environmental, Administrative and Regulatory Law: EPA's Proposed Cross-State Air Pollution Update Rule

On November 16th, EPA proposed an “update” to its Cross-State Air Pollution Rule (CSAPR) ozone season requirements. Starting in 2017, the proposal is intended to reduce summertime emissions of nitrogen oxides (NOx) from power...more

Property Assessed Clean Energy (PACE) Legal Update – November 2015

In the past few months, we have seen some decisions regarding Property Assessed Clean Energy Loans (PACE loans) that may open the doors for additional states, counties, and local municipalities to authorize, create, and fund...more

Phase I Of The Nutrient Recycling Challenge Competition Announced

On November 12, 2015, the U.S. Environmental Protection Agency (EPA) announced a partnership with the U.S. Department of Agriculture (USDA) and other environmental and scientific experts to create the Nutrient Recycling...more

New York State To Order That 50% Of Power Consumed By New Yorkers Be From Renewable Sources By 2030

Reforming the Energy Vision (REV) Initiative: The New York Times reports that Governor Cuomo will soon direct the New York State Public Service Commission (NYSPSC) to take concrete steps to codify the State’s goal of...more

ESMA Issues Public Statement on Collateralization of Bank Guarantees for Energy Derivatives

On November 19, the European Securities and Markets Authority (ESMA) issued a public statement (Public Statement) regarding its decision not to extend the current three year grace period which permits non-financial firms to...more

Truthiness and Truth Edition

Truthiness: A quality characterizing a “truth” that a person making an argument or assertion claims to know intuitively, “from the gut” or because it “feels right” without regard to evidence, logic, intellectual examination...more

Some Hard Truths About Addressing Climate Change

On November 23, 2015 Boston Globe had an op-ed by Joshua Goldstein and Steven Pinker concerning some “Inconvenient Truths for the environmental movement.” I’m sorry to say that I agree with pretty much every word of it. Why...more

FERC Terminates Proceeding That Would Increase Reporting of Natural Gas Sales

On November 17, 2015, the Federal Energy Regulatory Commission (FERC) issued an order terminating its inquiry on potentially requiring jurisdictional sellers to submit quarterly reports on natural gas transactions....more

U.S. Customs Ruling Impacts Crude Oil Shipments

U.S. Customs and Border Protection (“CBP”) expanded U.S.-flag requirements in a recent ruling requiring shippers to use costly U.S.-flag vessels when shipping processed condensate to and from a foreign country to be blended...more

South Africa Accepting Proposals For Funding Of Advanced Biofuel Production

On November 16, 2015, The Technology Innovation Agency (TIA) of South Africa called for submissions of Statements of Interest focusing on the demonstration of 2nd and 3rd generation biofuel production technologies. TIA...more

Devo Deals - Sheffield, North East and Tees Valley Signed - Northern Powerhouse Series

We are beginning to see Devo Deals take shape - all subject to the outcome of the Autumn Spending Review, and the progress of the Cities and Local Government Devolution Bill (CLGD) through Parliament. Sheffield City Region's...more

Mexico 2016 Tax Reform

The 2016 Tax Bill presented by the President to Congress on September 8, 2015 was approved almost in its original terms by both Chambers of Congress on October 29, 2015 and published in the Official Gazette of the Federation...more

Xcel Energy Reports 24 Community Solar Garden Projects are Beginning Construction

Xcel Energy filed its monthly report for the Community Solar Garden program with the Public Utilities Commission last week, revealing that 24 projects are moving to the beginning stages of construction....more

November 19, 2015 FERC Meeting – Energy Storage Panel

On November 19, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) hosted an Energy Storage Panel discussion as part of its regular monthly Commission Meeting (Docket No. AD16-12-000). The Commission...more

Addressing Climate Change in SEC Filings and Other Public Disclosures: What These Disclosures Mean for Businesses

Regulatory agencies are focusing on required climate change-related disclosures in securities filings and other public disclosures, seeking to ensure not only that such disclosures are made, but also that they are supported...more

Renewable Energy Update - November 2015 #4

Silver Lake nearly quadruples initial investment in SolarCity - Los Angeles Times: - Nov 18: Investment firm Silver Lake announced plans Wednesday to nearly quadruple the size of its initial stake in rooftop solar power...more

FERC 2015 Report on Enforcement

The enforcement arm of the Federal Energy Regulatory Commission has released a report describing its enforcement activities in fiscal year 2015. The 69-page 2015 FERC staff report on enforcement draws its organization...more

Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know

In two decisions released on November 2, 2015, Merrick, et al. v. Diageo Americas Supply, Inc. and Little et al. v. Louisville Gas & Electric Company; PPL Corporation, the U. S. Court of Appeals for the Sixth Circuit...more

Ontario Government Consulting on Proposed Design of the New Cap-and-Trade Program

The Ontario Ministry of the Environment and Climate Change (MOECC) has released details of its proposed cap-and-trade program designed to address climate change through the reduction of greenhouse gas (GHG) emissions. On...more

California Environmental Law & Policy Update - November 2015 #2

Environmental and Policy Focus: San Diego Regional Water Quality Control Board amends regional MS4 permit to provide alternate compliance: Allen Matkin - Nov 19: On Wednesday afternoon, the San Diego Regional Water...more

FERC Issues Annual Enforcement Report

The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015. On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more

Alberta Announces Climate Leadership Plan

Yesterday, the Alberta government announced its Climate Leadership Plan (Plan) and released to the public the Climate Leadership Report to Minister (Report) it commissioned from the Climate Change Advisory Panel. While...more

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