Energy & Utilities Law, Environmental Law

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/17/2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters, claiming that those emissions, by causing global warming, led to plaintiffs’...more

The 2013 Farm Bill, Liquid Natural Gas, and Hydropower – ML Strategies Weekly Energy and Environmental Update

by Mintz Levin - Energy & Clean Technology on 5/17/2013

This week’s Energy & Environment Update provides news on the progress of current bills as well as the status of the nominations of Dr. Ernest Moniz and Gina McCarthy. In the House, the Energy and Commerce Subcommittee on...more

Summary of FERC Meeting Agenda - May 2013

by Donna M. Attanasio, Daniel A. Hagan, Earle H. O'Donnell | White & Case LLP on 5/16/2013

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s May 16, 2013 meeting, pursuant to the agenda as issued on May 9, 2013. Agenda items E-3, E-13, E-17 have not been summarized as they...more

How Much Water Does Fracking Shale Gas Consume, And Where?

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/16/2013

Jesse Jenkins of the Energy Collective ponders the question. He reports as follows: According to the US Energy Information Administration 27,000 new gas wells were completed in the U.S. in 2011, many of which were...more

Energy And Environment Update -- May 13, 2013

by Jordan Collins, David Leiter, Neal Martin, Bryan M. Stockton | Mintz Levin - Environmental Law on 5/15/2013

In This Issue: Energy & Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Department of Interior; Federal Energy Regulatory Commission; Department of Commerce; Department...more

Is EPA Setting Its Sights on Hydraulic Fracturing Compounds?

by Jeffrey N. Hurwitz, Anthony "Tony" Pavel, Alex Polonsky, Ronald Tenpas | Morgan Lewis on 5/15/2013

Agency implements rule requiring companies to disclose information regarding the use of certain industrial chemical substances commonly used in natural gas and oil well drilling....more

U.S. Coast Guard and Bureau of Safety and Environmental Enforcement Sign Agreement on Offshore Oversight

by David Dickman, Megan Roberts-Satinsky | Venable LLP on 5/15/2013

On May 9, 2013, the U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) announced that they had entered into a Memorandum of Agreement (MOA) concerning offshore safety and environmental regulations....more

MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013

by Open Weaver Banks, Hollis L. Hyans, Kara M. Kraman, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 5/14/2013

In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate...more

Superfund Liability for the Repair of a Useful Product

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/14/2013

A few months ago, I blogged on the decision in Duke Energy Progress Inc. v. Alcan Aluminum Corporation where a court held that a company would not be held liable for selling used transformers to a recycling facility for...more

A Look At Two Approaches To Oil And Gas Regulation

by Charles Sartain | Looper Reed & McGraw, P.C. on 5/14/2013

This is a tale of two regulatory schemes. First, there is the federal way, and I’m not making this up. First, there is the federal way, and I’m not making this up: In my last post we learned that if the BLM,...more

Courts To Rule On Wind Issues

by Bruce Goodman | Varnum LLP on 5/13/2013

Seventeen neighbors of the Consumers Energy Lake Wind Energy Park have filed a complaint in Mason County claiming the wind farm has negatively impacted property values and caused sleep disruption, headaches, ringing ears,...more

Green Building Update -- May 8, 2013

by Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Green Building Focus - The ultimate green building eats smog - Bloomberg Businessweek - Apr 26: The Manuel Gea González Hospital in Mexico City has installed a decorative, white facade made from a sophisticated new...more

Renewable Energy Update -- May 7, 2013

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Renewable Energy Focus - Providing a level playing field for renewables - PV-Magazine - Apr 26: U.S. Senators have decided to level the playing field for renewable energy sources by providing investors in renewable...more

Boston Joins the Building Disclosure Bandwagon: Ordinance Will Require Reporting in 2014

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/10/2013

On May 8, the Boston City Council approved an ordinance requiring building owners to report annual energy and water use. The final ordinance is slightly different from the one about which we posted in February. Highlights...more

California Environmental Law and Policy Update - May 9, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Environmental and Policy Focus - Gov. Brown joins move to rewrite California's Prop. 65 - The Sacramento Bee - May 7: Gov. Jerry Brown is throwing his weight behind a push to update Proposition 65, California's defense...more

Renewable Energy Update -- May 3, 2013

by William R. Devine, Emily L. Murray, Patrick A. Perry | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Renewable Energy Focus - National Renewable Energy Laboratory helps U.S. Navy cut energy usage - EarthTechling - Green Tech, Green Products & Energy News - Apr 25: The U.S. Department of Energy’s National Renewable...more

Green Building Update -- May 2, 2013

by Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Green Building Focus - Revolving loans would quadruple Prop 39 investments: UCLA Newsroom - Apr 18: Proposition 39, the California Clean Energy Jobs Act, passed in 2012. Prop 39 requires businesses operating in...more

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- May 2013

by Mintz Levin - Energy & Clean Technology on 5/10/2013

In This Edition: - In the News: United States - In the News: Europe & Asia - Government Financial Assistance - Privately Sourced Financial Grants - Federal & State News - Legal News - Events -...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

California Energy Commission Amends Nonresidential Building Energy Disclosure Regulations

by Kirsten Day, Teresa Jacobs | Perkins Coie on 5/10/2013

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

Aboriginal Law – The Crown’s Duty to Consult and the Involvement of Natural Resources Proponents in the Consultation Process

by Anne-Marie Dupont, Simon Ruel | Heenan Blaikie LLP on 5/10/2013

Natural resources proponents are often deeply involved in consultations with Aboriginal communities that may be affected by their projects. How far can the Crown delegate its constitutional duty to consult Aboriginal people...more

N.Y. Appellate Division Affirms Zoning Ordinance Banning Hydraulic Fracturing

by Martin Eide, Earl L. Hagström, Gregory Lahr | Sedgwick LLP on 5/9/2013

Sedgwick’s Hydraulic Fracturing Task Force has been watching the ongoing litigation involving hydraulic fracturing (fracking) bans in the towns of Dryden and Middlefield, N.Y. In February 2012 we reported on the Supreme...more

The making of Emissions Trading laws – understanding the EU legislative process

by Peter Zaman | Reed Smith on 5/9/2013

Introduction - Unlike most traded commodity markets, the market for trading carbon credits or emissions allowances in the EU is not one based on its utility, usage or consumption. A carbon credit is not used in...more

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Energy & Utilities Law › Environmental Law