Energy & Utilities Environmental

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EPA Finalizes Reconsideration of Boiler MACT; Compliance Deadline Approaches

As major sources gear up to meet the January 31, 2016, compliance deadline for the Boiler MACT regulation, EPA has finalized a number of revisions to the rule that might affect your facility’s compliance plans. On November...more

Phase I of Final Desert Renewable Energy Conservation Plan Now Publicly Available

Following a public comment period and an extensive nine-month revision effort, the first phase of the Desert Renewable Energy Conservation Plan is finalized and available to the public. The initial draft of the DRECP, which...more

Energy & Environment Update - November 2015 #4

Energy and Climate Debate - Congress returns from the Thanksgiving recess early next week to a full schedule starring the six-year reauthorization of federal highway programs, which expires December 4 now that chambers...more

"Something’s happening here. What it is ain't exactly clear...yet"

With apologies to Stephen Stills, we introduce our initial bulletin on the Alberta Climate Leadership Policy announced by the Provincial Government on November 22, 2015. As is the case with most broad policy announcements,...more

Ontario Climate Change Policy Developments

Long-Term Climate Change Strategy - On November 24, 2015, the Ontario government released its long-term Climate Change Strategy (CCS) as part of the province's expanding climate change policy development process....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

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

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

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

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

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

San Diego Regional Water Quality Control Board Amends Regional MS4 Permit to Provide Alternate Compliance, Define Prior Lawful...

On Wednesday, the San Diego Regional Water Quality Control Board approved amendments to its regional National Pollutant Discharge Elimination System ("NPDES") permit, Order No. R9-2013-0001, regulating discharges from large...more

EQT’s Lengthy Battle With the Pennsylvania Department of Environmental Protection Gets Its Day in State Supreme Court

On November 17, 2015, Pittsburgh-based energy company EQT Production Co. (“EQT”) presented its oral argument before the Pennsylvania Supreme Court, requesting it set aside a February 20, 2015, ruling of Commonwealth Court...more

California Water Restrictions Could Continue Under New Executive Order

California’s sweeping restrictions on water use could be extended deep into next year under a new Executive Order by Gov. Jerry Brown. If drought conditions persist through January 2016, the Order provides that emergency...more

Crude-By-Rail Update: Siting a Crude Oil Transloading Terminal in California? Developers Should Seek Old Industrial Sites and...

Proposed crude-by-rail (CBR) projects in California increasingly face opposition lawsuits designed to stall and derail the terminals. The suits often focus on alleged noncompliance with the California Environmental Quality...more

Another Season of Change in North Carolina Environmental Law - Part II

As discussed in Part I of our environmental legislative update published on November 12, 2015, the 2015 North Carolina legislative session resulted in a great deal of change for the state’s environmental programs....more

Africa Update - November 2015 #3

Leading the News - Egypt: On November 12th, officials at the U.S. National Transportation Safety Board (NTSB) and the Federal Bureau of Investigation (FBI) noted while they had offered assistance to both Egyptian...more

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