Energy & Utilities Environmental

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Public Works Slowdown Following Implementation of the New Italian Public Procurement Code

The Italian Government definitively approved Legislative Decree no. 50 in April this year, implementing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and European Council. The revised legislation...more

UK Electricity Market Reform: How far have we come?

In this note (part 3 of a series) we reflect on the Government’s continuing implementation of Electricity Market Reform (EMR), highlight key developments in 2015 and Q1 and Q2 2016, and outline EMR milestones we expect to...more

Sustainable Development Update - July 2016 #4

Sustainable Development Focus - San Diego climate plan means big potential for jobs - Next City - Jul 22 - San Diego’s Climate Action Plan (CAP), which debuted in December, is the first municipal climate plan...more

LIPA Deepwater offshore wind decision delayed

Long Island Power Authority has postponed a meeting of its trustees at which an offshore wind project was expected to be up for approval, after a state energy agency asked for delay to align the process with the expected...more

North American Leaders Announce Energy Plan

On June 29, 2016, the North American Climate, Energy, and Environment Partnership was announced by Prime Minister Justin Trudeau, President Barack Obama, and President Enrique Peña Nieto at the North American Leaders Summit...more

California Proposes Draft Amendments to California Cap-and-Trade Program

On July 12, 2014, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

DOE Announces $15 Million In Funding For Algae-Based Biofuels And Bioproducts Research Projects

On July 14, 2016, the U.S. Department of Energy (DOE), announced $15 million in funding for three projects that will work to improve algal biomass yields to reduce production costs of algae-based biofuels and bioproducts. ...more

Renewable Energy Update - July 2016 #2

Renewable Energy Focus - California’s biggest utilities break own record for solar power Sacramento Bee - Jul 15 - California’s booming solar industry had a record day last week when the state’s largest utilities...more

California Environmental Law & Policy Update - July 2016 #4

Environmental and Policy Focus - Metropolitan Water District completes $175-million purchase of Delta islands - Los Angeles Times - Jul 18 - Metropolitan Water District (MWD) this Monday completed the...more

Forecast is Hazy For EPA’s Regional Haze Oversight Authority

Earlier this month, the 5th Circuit Court of Appeals stayed EPA’s disapproval of the Texas and Oklahoma regional haze state implementation plans, as well as EPA’s promulgation of its own federal implementation plan. The...more

Minnesota Public Utilities Commission Approves Some Changes to Community Solar Program, Declines Other Changes

The Minnesota Public Utilities Commission (MPUC) approved several major changes to Xcel Energy’s Community Solar Garden (CSG) program yesterday, while also voting to maintain other aspects of the CSG program. Mike Hughlett of...more

US FWS Announces Record of Decision Streamlining Wind Energy Permitting for the Upper Great Plains

On July 7, 2016, the US Fish and Wildlife Service (FWS) announced its Record of Decision (ROD) for the Upper Great Plains Wind Energy Programmatic Environmental Impact Statement (PEIS). This is the final step in a process...more

Land Use Matters: Alston & Bird LLP, July 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

How Will Brexit Impact Environmental and Energy Law?

Following the recent UK referendum result, attention is now turning to the legal implications for specific policy areas. While the overwhelming majority of the UK’s environmental legislation is derived from EU...more

Sustainable Development Update - July 2016 #3

Sustainable Development Focus - Net-zero energy Brock Environmental Center in Virginia turns rainwater into drinking water - Inhabitat - Jul 14 - A new building in Virginia Beach is raising the bar for...more

A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

2016 Chemical Data Reporting – New TSCA Requirements Apply for Confidential Business Information Claims

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal...more

Regulated Parties – 2, Regulators – 0

The United States Supreme Court has handed regulated parties their second win in four years concerning when they can take EPA and the U.S. Army Corps of Engineers to court over wetlands permitting issues. In 2012, the...more

EPCRA Section 313 Reporting: Frequent Questions

This is the second installment of frequently asked questions regarding Toxic Release Inventory (TRI) reporting under Section 313 of the Emergency Planning with Community Right-to-Know Act (EPCRA). As noted in our first...more

Corps of Engineers Issues Proposal on Nationwide Permits

In early June, the U.S. Army Corps of Engineers (“Corps”) proposed to reissue its nationwide permits (“NWPs”) for certain wetland impacts. The proposed changes present some interesting issues and new opportunities for...more

Congress Finds the Formula to Reform Chemical Regulation

The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United States. Since its inception in 1976, TSCA has not been updated...more

Mercury Rule Moves Forward

The federal lawsuit filed by twenty-three states challenging EPA’s Mercury and Air Toxics Standards (MATS) is in the 8th inning, and things are not looking good for the challengers. Some background is appropriate....more

Landmark Overhaul of the Toxic Substances Control Act

EPA Issues First Year Implementation Plan - On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. This law amends the Toxic Substance Control Act (TSCA) and is the first...more

Environmental Notes - July 2016

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

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