Energy & Utilities Environmental

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Energy Sector Alert Series: The Future of Energy and Environment Policy Under a Clinton or Trump Presidency

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, lawyers from across the firm will discuss issues ranging from...more

Patience and Perseverance Paves the Way for Air-izona

John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions...more

Pennsylvania Federal Court Decides a Novel CERCLA Issue: When Is the Current Owner Not the Current Owner?

The U.S. District Court for the Eastern District of Pennsylvania issued a decision on an aspect of CERCLA for which it found almost no prior court precedent – the temporal aspect of the term “current owner or operator” –...more

EPA Advances Climate Goals by Expanding Refrigerant Regulations

On September 26, 2016, EPA released a Final Rule updating the Agency’s Refrigerant Management Program... ..The Final Rule is scheduled to become effective January 1, 2017 and, for the first time, expands the requirements...more

DOER’s Solar Incentive Straw Proposal: Optimism, Anxiety, Uncertainty.

On September 23, DOER presented a straw proposal for the next phase of Massachusetts solar incentives. DOER’s ambitious proposal for a tariff-based program reflects a thoughtful development process and a laudable goal of...more

Shell Pays Big for Double Dipping with the UST Fund

Last week, the California State Water Resources Control Board (State Water Board) announced that it permanently banned 100 of Shell Oil Company’s underground storage tank (UST) claims from the California UST Cleanup Fund...more

County Counsel Teamwork: The Exide Story

Justice: (1) the principle or ideal of just dealing or right action; (2) conformity to this principle or ideal The concept of environmental justice is straightforward, the pathway to practical solutions are often...more

New California Law Amends Water Supply Planning Laws

Water Supply Sufficiency Analyses Must Consider Groundwater Sustainability - Gov. Jerry Brown has signed Senate Bill 1262 into law, representing an initial attempt to incorporate groundwater management requirements under...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

Proposed “Endangered” Listing for Rusty Patched Bumble Bee Creates a Buzz in the Energy Industry

On September 22, 2016 the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the federal Endangered Species Act (the ESA). If...more

Governors Publish Open Letter To Administrator McCarthy Requesting End Of RVP Limit On E15

On September 13, 2016, governors of seven ethanol producing states wrote to EPA Administrator Gina McCarthy requesting the removal of the Reid Vapor Pressure (RVP) limit on E15. RVP measures gasoline volatility, and E10...more

Investigators Continue to Scrutinize Climate Change Disclosures

Critics Claim “Intimidation” - Earlier this month, on September 14, 2016, feuding parties gathered before the House Committee on Science, Space and Technology to address the legitimacy of subpoenas sent to the New York...more

Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in...more

New York’s New Renewable Energy Standard

Last week’s article discussed New York’s Zero-Emissions Credit (ZEC) for nuclear power. The ZEC is one component of New York’s Clean Energy Standard (CES). The other major component of the CES is the new Renewable Energy...more

UPDATE: Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

Update: September 26, 2016 - On September 21, 2016, the Honorable George C. Hernandez, Jr. issued the final Statement of Decision, which affirmed the tentative decision denying all claims for relief. The court denied...more

SunEdison: A Cautionary Tale?

U.S. Bankruptcy Judge Stuart Bernstein recently approved SunEdison’s proposed sale of $144 million of solar and wind assets to NRG Energy. The sale continues SunEd’s string of dispositions this year following its April...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine May Privatize Welfare Program Maine’s ASPIRE program, currently run by the state’s...more

RGGI Is a Success Story. When Will It Be Obsolete?

When RGGI was first implemented, I heard Ian Bowles, then Secretary of Energy and Environmental Affairs in Massachusetts, say more than once that the purpose of RGGI wasn’t really to reduce greenhouse gas emissions or jump...more

Agencies Chart the Future of US Offshore Wind Development

The US Department of Energy (DOE) and US Department of the Interior (DOI) recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of...more

BLM Moves Forward with Phase I of Desert Renewable Energy Conservation Plan

Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management...more

Merging Companies Tesla and SolarCity Among Entities Advocating Wider Role for Electric Storage Resources in RTO and ISO Markets

In early August, Tesla Motors Inc., a manufacturer of advanced electric vehicles and battery energy storage systems, announced a deal to buy SolarCity Corporation, a developer of distributed energy resources, particularly...more

Nuclear Liability in the UK: Implementation of the 2004 Protocols

On May 4, 2016, the Nuclear Installations (Liability for Damage) Order 2016 (the “2016 Order”) entered into force in the United Kingdom. The 2016 Order, which implements the 2004 Protocols1 to the Paris Convention and...more

DC Circuit Denies Sierra Club Appeal of FERC Authorization of Two LNG Facilities

Since 2012, the major opponent of new large-scale liquefied natural gas (LNG) export projects has been the Sierra Club. The Sierra Club has adopted a two-pronged approach in its opposition to LNG exports projects, opposing...more

NY Creates New Emissions Credit for Nuclear Plants

The New York Public Service Commission’s (PSC) Clean Energy Standard (CES), adopted in August, includes a new emissions credit—the ZEC. The ZEC, or zero-emissions credit, is the first emissions credit created exclusively for...more

Sustainable Development Update - September 2016 #2

Sustainable Development Focus - CleanFund finances $3.5M for California projects - Bisnow - Sep 19 - San Francisco-based CleanFund closed six transactions in California totaling about $3.5 million. Property...more

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