Energy & Utilities Updates

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Successful procurement challenge against the Nuclear Decommissioning Authority

On 29 July the High Court handed down its judgment in the high-profile Energy Solutions (ES) v Nuclear Decommissioning Authority (NDA) case.  The case concerned the competition to become the “Parent Body Organisation” (PBO)...more

Scotland: The Assessment of Energy Performance of Non-domestic Buildings Regulations 2016 - Buildings on the market before 1...

The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 come into effect on 1 September 2016. From that date, owners of pre 2002 non-domestic buildings or "building units" in Scotland with a...more

DesertLink transmission project wins rate incentives under Section 219

Federal energy regulators have granted a petition by the developer of a proposed electric transmission project in Nevada for certain transmission rate incentives available under federal law. On August 19, the Federal Energy...more

Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

As reported in a previous blog post, Earthjustice, on behalf of the Center for Biological Diversity (“CBD”), filed a lawsuit against the California Division of Oil, Gas, and Geothermal Resources (“DOGGR”) in May 2015. The...more

EPA Publishes Final Phase 2 Rule for GHG Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles

The U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a joint set of greenhouse gas and fuel efficiency standards for new medium and heavy-duty vehicles and...more

FERC Weighs PURPA Changes: What Do Renewable Energy Stakeholders Need to Know?

For a law originally passed in response to the energy crisis of the 1970s, The Public Utility Regulatory Policies Act (PURPA) has received a lot of recent attention from Congress and advocates for both investor-owned...more

India Outlines Plan To Increase Biofuels Market By More Than 750 Percent By 2022

On August 10, 2016, India's Oil Minister Dharmendra Pradhan spoke at a conference in New Delhi about the future of India's biofuel market. He discussed how a target five percent biodiesel blend and a ten percent ethanol blend...more

FCC: No Additional TCPA Consent Required for Certain Calls to Utilities Customers

This month, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling clarifying what type of Telephone Consumer Protection Act (“TCPA”) consent is required for certain telephone calls and...more

California Environmental Law & Policy Update - August 2016 #3

Environmental and Policy Focus - Most California water agencies choose zero as conservation target San Jose Mercury News - Aug 17 - Governor Jerry Brown's administration two months ago dropped all mandatory water...more

“Holy Grail” of Renewable Energy Storage is Fast-Approaching

In 2009, the U.S. Department of Energy (DOE) created its Advanced Research Projects-Energy (ARPA-E) division to fund energy storage projects conducted by scientists at Harvard, MIT, Stanford, and the Lawrence Livermore and...more

India: A False Dawn for Foreign OSV Owners

India’s ambitious drive to reduce dependence on foreign hydrocarbon imports is expected to spur almost US$30 billion of exploration and production investments including in the offshore sector. An increase in offshore...more

Renewable Energy Update - August 2016 #3

Renewable Energy Focus - Kick-off for California offshore - reNEWS - Aug 16 - The U.S. has taken a major step forward in offshore wind development in the deep waters off the coast of California. The Bureau of...more

Environmental Litigation and Toxic Torts Update – Mountain West Coast Case Law Highlights

COLORADO CITY FRACKING BANS PREEMPTED BY STATE LAW - City of Longmont v. Colo. Oil and Gas Ass’n, 369 P.3d 573 (Colo. 2016), 2016 Colo. LEXIS 442; City of Fort Collins v. Colo. Oil and Gas Ass’n, 369 P.3d 586 (Colo....more

Recycled Water and New Construction. New Standards Being Considered.

The second a series of stockholder meetings will be held on August 30, 2016 in Sacramento, California to consider proposed amendments to the state building code for the installation of recycled water systems for newly...more

Plains All American Case Dismissed – Federal Court Determines Holder Must Develop Factual Record Before Challenging Kelmar...

On August 16, 2016, the U.S. District Court for the District of Delaware granted Kelmar’s and Delaware’s motions to dismiss in Plains All American Pipeline, L.P., v. Cook, et al. The court determined that the Plaintiff (1)...more

DOE Joins Indian Ministry Of Science And Technology To Fund New PACE-R Consortium

On August 10, 2016, the U.S. Department of Energy (DOE) announced a $30 million expansion of the U.S.-India Partnership to Advance Clean Energy Research (PACE-R). DOE is partnered with the Indian Ministry of Science and...more

FCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules

FCC Fines Non-Telecom Companies for Lapse in Compliance with Wireless Rules August 19, 2016 The enforcement action highlights the importance of complying with FCC rules with respect to their wireless facilities and devices....more

FHA Issues Final Guidelines on PACE Assessments

The U.S. Federal Housing Administration (FHA) issued final guidance in the form of Mortgagee Letter 2016-11 regarding the subordination of Property Assessed Clean Energy (PACE) assessments on Tuesday, July 19, 2016. As...more

Sustainable Development Update - August 2016 #3

Sustainable Development Focus - Freddie Mac announces multifamily green building financing initiative - Energy Collective - Aug 13 - Freddie Mac announced last week their Multifamily Green Advantage program, a...more

Respirable Coal Dust Samples Prove New Dust Rule Is Achievable, Mine Safety Agency Announces

The Mine Safety and Health Administration has announced that 99 percent of the coal mine dust samples collected from April 1, 2016, through June 30, 2016, were in compliance with its coal mine dust standards requiring lower...more

DOE Clarifies Whistleblower Protections in Proposed Rule Revision

Department of Energy contractors and subcontractors may be subject to additional civil penalties. The US Department of Energy (DOE) recently published proposed revisions to its procedural rules for nuclear activities in...more

All or Nothing: Regulators Strictly Define Pipeline Abandonment

On August 16th, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advisory bulletin to clarify the regulatory requirements that may vary depending on the operational status of a pipeline under 49...more

FERC Requires New England Generators to Reveal How Bids Formulated

On August 8, 2016, the Federal Energy Regulatory Commission (FERC) issued its order on remand from the D.C. Circuit on FERC’s approval of ISO New England’s (ISO-NE) 2013-14 winter reliability program, results, and rates....more

Comprehensive Massachusetts Bill Enacted to Drive Energy Storage and Offshore Wind Generation Resources

Recently, Massachusetts Governor Charlie Baker signed into law an omnibus energy bill H.4568 that will provide Massachusetts electricity customers with the benefit of electricity produced by offshore wind and hydropower...more

Another Step Toward North Carolina Offshore Wind: Proposed Offshore Wind Farm Lease Announced

The U.S. Department of the Interior has just announced the next step in the years-long process toward the development of wind energy facilities off the coast of North Carolina. In a notice published in the Federal Register...more

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