Energy & Utilities Administrative Agency

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Court of Appeal Sustains CPUC's Discretion to Fill Gaps in Statutory Scheme for Intervenor Compensation but Requires CPUC to Limit...

The California Court of Appeal (1st Dist., Div. 4) issued an important decision on April 19, 2016, in New Cingular Wireless PCS, LLC v. Public Utilities Commission, addressing a determination by the California Public...more

CPUC Implementation of the Renewables Portfolio Standard Beyond 2020 Begins

The California Public Utilities Commission is revving itself up to take on the task of putting together a whole new set of procurement requirements to implement the Renewables Portfolio Standard (RPS)-related provisions of...more

When Does “Anomalous” Become “Normal”? Another ROE Decision, Another Finding of Anomalous Market Conditions

On March 22, 2016, Federal Energy Regulatory Commission (FERC or the “Commission”) Administrative Law Judge (ALJ) Steven L. Sterner issued an Initial Decision in the second round of Complaint cases (“Complaints II and III”)...more

Andrew Lipman on Tracking Net Neutrality  [Video]

Andrew Lipman, head of the telecommunications, media and technology group at Morgan Lewis, talks about the group's role in the regulatory and legal processes shaping the debate surrounding net neutrality....more

FERC Signals Intention to Closely Scrutinize Late Interventions

Movants must clear high hurdle once parties reach settlement in principle. On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Senate Bill in Georgia Seeks to Expand Scope of Trade Secret Protection

On February 2, 2016, Georgia State Senator Hunter Hill introduced Senate Bill 321 in the Georgia Senate. The bill is entitled “Commerce and Trade; state government; protections against public disclosure of certain...more

Critical Habitat for Right Whales Expanded

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

In Cooperative Federalism, Who Gets Deference, EPA or the States? Can you say “Federal Supremacy”?

Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more

Supreme Court Ruling Spurs Energy Storage Possibilities

On January 25, 2016, the Supreme Court issued a landmark decision (“Decision”) -- reversing the D.C. Circuit’s vacatur of Federal Energy Regulatory Commission (“FERC”) Order 745, which provides crucial market incentives for...more

Environmental Policy Quarterly

Welcome to the Winter 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. This...more

US Supreme Court upholds wholesale demand response

The Supreme Court of the United States has issued an opinion upholding regional electricity grid operators' ability to operate wholesale demand response programs under federal authority. In that opinion, FERC v. Electric...more

Biofuel, Corn, And Sorghum Farmers Challenge Lowered RFS Volumes

On January 8, 2016, seven biofuel and agriculture groups requested the U.S. Court of Appeals for the D.C. Circuit to review the Renewable Fuel Standards (RFS) for 2014, 2015, and 2016. The Petition was filed by Biotechnology...more

Unlike Keith Richards, I Have Not Fallen Out Of A Tree

Last month, I went out on a limb and predicted that the D.C. Circuit Court of Appeals would not stay the CPP. Today, the Court vindicated my faith in judicial rationality and refused to grant a stay. In a brief order, the...more

Does the Paris Agreement Provide EPA With Authority Under the CAA To Impose EconomyWide GHG Controls? Count Me Skeptical

In a very interesting article, Michael Burger of the Sabin Center and his co-authors suggest that, following the Paris climate agreement, § 115 of the Clean Air Act provides authority for EPA to develop economy-wide GHG...more

Minnesota Governor Appoints New PUC Commissioner

Yesterday, Minnesota Governor Mark Dayton announced the appointment of Matthew Schuerger to the Minnesota Public Utilities Commission (MPUC). Mr. Schuerger will replace Commissioner Betsy Wergin, whose term expired January...more

The Oman Update - Official Gazette 1126

Sultani Decrees - Sultani Decree No. 48/2015 Endorsing the Oil Agreement between the Government of the Sultanate of Oman and Oman Lasso Exploration & Production Karawan Limited for Block No. 54....more

Solar Installer Update: Commerce Issues Preliminary Results in the 2nd Administrative Review of 2012 Antidumping and...

On January 8, 2016, the U.S. Department of Commerce (through its International Trade Administration or ITA office) published a notice of Preliminary Results in the 2nd annual Administrative Review for the 2012 and...more

NRC Staff Seeks Public Comment on Technical Approach for Second License Renewals

The NRC Staff recently published proposed guidance documents for Second License Renewal—a significant milestone in the path toward extending the licensed life of nuclear plants from 60 years to 80 years—but some of the...more

Courts Must Determine The Economic Benefit Of Noncompliance In Assessing CWA Penalties

It is well-known that the “economic benefit of noncompliance” is one of the factors to be evaluated in setting penalties under the Clean Water Act. Thus, it is not surprising that, after an oil spill at Citgo’s facility in...more

Federal Energy Regulatory Commission Details the Evidentiary Support a Gas Storage Company Must Provide to Justify Market-Based...

The Federal Energy Regulatory Commission issued an order on October 15, 2015 in which it addressed the first fully-litigated proceeding where a natural gas storage provider sought authorization to charge market-based rates....more

“Lookout, Here They Come!” Private Causes of Action to Enforce Pennsylvania Pipeline Safety

Pennsylvania pipeline operators may be dealing with allegations of pipeline safety problems brought by private citizens at the Pennsylvania Public Utility Commission (PaPUC or Commission) based on a recent decision. In a case...more

2016 Regulatory Forecast: Environmental & Energy Policy

Looking ahead to 2016, federal environmental and energy policies will continue to have a significant impact on businesses across many sectors. That impact will be particularly pronounced as the current Administration...more

FERC Meeting Agenda Summary - December 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s December 17, 2015 meeting, pursuant to the agenda as issued on December 10, 2015. Agenda item E-2 has not been summarized due to...more

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