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Wrap-Up of Federal and State Chemical Regulatory Developments, May 2014

B&C® Creates TSCA Reform Online Hub: Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org....more

Dutch energy company is fined for violating the Dutch telemarketing rules

Last week, the Dutch Authority for Consumers and Markets (“ACM”) imposed a fine on energy company Essent for violating the Dutch telemarketing rules. In short, Essent had called several consumers with respect to a commercial...more

TSCA Reform: House Subcommittee Discusses Revised Draft of Chemicals in Commerce Act

On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the...more

Smart meters are safe, says Maine agency staff

The staff of the Maine Public Utilities Commission has issued a report concluding that the use of "smart meters" -- advanced utility metering infrastructure capable of communicating wirelessly with the utility -- is a "safe,...more

Privacy Monday – March 10, 2014

We hope that you remembered to “spring forward” over the weekend — Today’s Privacy Monday is a bit longer than usual – but an important read, particularly if you are a mobile app developer. California Public...more

FERC Enforcement Director Calls For Legislative Fix To Address Hunter Decision

On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission (FERC), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection...more

FERC Enforcement Chief Norman Bay Testifies Regarding FERC’s Energy Market Oversight and Enforcement Authority and Approach

On January 15, 2014, Norman C. Bay, Director of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC), testified before the U.S. Senate Banking, Housing, and Urban Affairs Subcommittee on Financial...more

California Public Utilities Commission Denies Request to Develop Privacy Standards for Wireless Carriers and Mobile Applications

After a year in which the California Legislature passed a spate of privacy laws, wireless providers and third party mobile application providers do not need to add privacy regulations from the California Public Utilities...more

California Environmental Law and Policy Update - December 12, 2013

Environmental and Policy Focus - California Intends to Add Trichloroethylene (TCE) To Proposition 65 Reproductive Toxicity Lis: BNA - Dec 12 - California's Office of Environmental Health Hazard Assessment (OEHHA) has...more

Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds [Video]

Sept. 5 (Bloomberg) -- The hedge funds battling for control of LightSquared Inc., the developer of a satellite-based wireless communications system, is the first item on the bankruptcy video with Bloomberg Law's Lee Pacchia...more

U.S. Senators Express Concern Over Manipulation of Electricity Markets and Request Information Regarding FERC Enforcement

On July 31, 2013, United States Senators Elizabeth Warren and Edward J. Markey submitted a letter to Federal Energy Regulatory Commission (“FERC”) Chairman Jon Wellinghoff, expressing serious concern over the apparent...more

DOE Boldly Goes Where It’s Not Allowed

In an astonishing display of chutzpah, the Department of Energy has proposed to regulate computer servers as “consumer products” (link). Only in a bureaucrat’s mind could a computer server be considered a consumer product...more

California Environmental Law and Policy Update - May 24, 2013

Environmental and Policy Focus -Interior Department offers new rules for 'fracking': Los Angeles Times - May 16 - The U.S. Department of the Interior proposed new rules to regulate hydraulic fracturing for oil and gas on...more

Dispute Over Duke’s 2012 Proposed Rate Increase Continues

On April 12, 2013, the N.C. Supreme Court stepped into the ongoing dispute regarding the 7.2 percent rate increase sought by Duke Energy and approved by the North Carolina Utilities Commission (NCUC) in January 2012. Duke...more

California Environmental Law and Policy Update - April 8, 2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

EU Environment Report - March 2013

In This Issue: *Chemicals: - European Chemicals Agency consults on ten new substances for REACH candidate list - European Food Safety Authority publishes its 2013 work plan - European Food Safety...more

Advertising News & Analysis - March 28, 2013

In this issue: - FTC Reopens Comment Period on Proposed Changes to EnergyGuide Labels - Venable’s Advertising Practice Named to Chambers USA Shortlist - Protect Your Brand Against New Top-Level Domain...more

EU Environment Report - February 2013

In This Issue: *Chemicals: - Commission concludes that the REACH Regulation has brought significant improvements - Commission releases roadmap on SVHCs - ECHA publishes additional list of substances for...more

Illinois Commerce Commission Must Consider Public Comments

The Illinois Commerce Commission must consider comments made by ratepayers at public forums and on the Commission’s own website before setting new utility rates. Lake Wildwood Association and Apple Canyon Lake Property...more

How Are We Doing? The Mercury Story

The late Ed Koch (former mayor of New York) famously used to ask his constituents “How am I doing?” Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant...more

Under the Dome: Inside The Maine State House Special Edition 1-24-13

With a population of roughly 1.3 million people, Maine is a small player in national markets. At the same time, Maine legislators have attempted to have an out-sized voice in the national marketplace of legislative policy by...more

Solar Power Purchase Agreements: Tips and Tricks Part 1

Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex. There are several alternative...more

New State Bill Aims To Make Solar Power A Reality For Renters

Homeowners and renters in California may soon be able to access solar or other renewable energy from community based self-generation programs as an alternative to the power grids offered by the state’s three major public...more

Southern District of Texas Holds That Traditional Choice of Law Rules Do Not Apply To TCPA Claims

Bank v. Sparks Energy Holdings, LLC, Civ. No. 4:11-cv-4082, 2012 WL 4097749 (S.D. Tex. Sept. 13, 2012) Plaintiff, a citizen of the State of New York, filed a purported class action lawsuit in Texas against Defendant....more

2011-2012 Massachusetts Legislative Session

The formal legislative session for 2011-2012 concluded on July 31st. The session was defined by landmark legislation in healthcare cost containment, economic development, energy, and consumer protection. The Legislature will...more

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