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Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

California Environmental Law and Policy Update - July 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday...more

Commercial building efficiency opportunities

by PretiFlaherty on

A report prepared for the U.S. Department of Energy by the Pacific Northwest National Laboratory found that the nation's commercial building sector has significant potential to save energy by improving control measures and...more

Negligence liability: parent and subsidiary companies

by Dentons on

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary....more

California’s Cap-and-Trade Regulations Extended Through 2030 – A Victory for Climate Policy and Business Alike

by Davis Wright Tremaine LLP on

On July 17, 2017, the California Assembly and the Senate voted to extend California’s Cap-and-Trade Program from 2021 to 2030 (Assembly Bill (“AB”) 398). Governor Brown is widely expected to sign the bill in the coming...more

Fourth Circuit Court of Appeals Overturns West Virginia District Court’s Order Requiring EPA to Evaluate Clean Air Act Employment...

by Kelley Drye & Warren LLP on

On June 29, the U.S. Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider a lawsuit filed by Murray...more

Responsibility for German Nuclear Waste Shifts With Creation of State-owned Fund

by Latham & Watkins LLP on

In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The...more

Key Takeaways from CELF's Annual Jasper Research Seminar

by Bennett Jones LLP on

The Canadian Energy Law Foundation (CELF) held its Annual Jasper Research Seminar in mid-June, the 56th year this world class event has been held in Alberta. Energy practitioners presented on critical legal issues in the...more

G20 Advances Climate and Energy Action Plan for Growth

by Latham & Watkins LLP on

On 8 July 2017, the G20 summit in Hamburg issued a Climate and Energy Action Plan for Growth (the Plan). The Plan reaffirms the commitment of the countries (excluding the United States (US) — which announced its intended...more

EIR Need Not Analyze Consistency With GHG Executive Order

Cleveland National Forest Foundation et al. v. San Diego Association of Governments et al. (July 13, 2017, Case No. S223603) - Why it matters: The California Supreme Court upheld the San Diego Association of Governments’...more

Apocalypse Now? Not Much Has Changed in the Last Six Months

by Snell & Wilmer on

It has almost been six months since the Trump administration came into power. At that time, energy and environmental stakeholders were either celebrating the advent of a period of progressive reform or lamenting the end of...more

Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

by Cozen O'Connor on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v....more

Renewable Energy Update - July 2017 #2

by Allen Matkins on

Renewable Energy Focus - DOE’s SunShot awards $46M for solar tech-to-market research - Greentech Media - Jul 13 - The Department of Energy may be facing potentially massive budget cuts and interference in how it...more

Reconsidering Helium Production on Federal Lands Amid Privatization of Federal Helium Reserve

by Stoel Rives LLP on

On Wednesday the Bureau of Land Management (BLM) will auction helium stored in its Cliffside Field underground storage facility in west Texas (aka the Federal Helium Reserve). This annual auction under the Helium Stewardship...more

Offshore Wind Development Potentially Finds Smoother Sailing in Deeper Water

In a breakthrough for offshore wind energy in the United States, construction of the Block Island Wind Farm, the first U.S. offshore wind farm, was completed in August 2016 about 30 miles off the coast of Rhode Island. The...more

Pennsylvania Supreme Court Holds that Fiscal Legislation Can be Invalidated When Inconsistent with Environmental Rights Amendment

In 1971, the citizens of Pennsylvania overwhelmingly approved a proposed amendment to the Commonwealth of Pennsylvania’s Constitution’s Declaration of Rights, now known as the “Environmental Rights Amendment” (ERA). The...more

Sustainable Development Update - July 2017 #2

by Allen Matkins on

Sustainable Development Focus - Chicago grabs lead in green office buildings, study shows - Bloomberg - Jul 6 - Chicago now has the highest percentage of certified LEED or Energy Star office buildings, 66...more

Hearings This Week

by Kelley Drye & Warren LLP on

House Rules Committee meets to formulate a rule on H.R.806, the “Ozone Standards Implementation Act of 2017.” Date: Monday, July 17, 5 p.m....more

EPA Releases Proposed 2018 RFS Volume Requirements

by Bergeson & Campbell, P.C. on

On July 5, 2017, the U.S. Environmental Protection Agency (EPA) issued proposed volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2018,...more

Electrification of the Auto Industry Steps on the Gas

by Foley & Lardner LLP on

On the heels of Volkswagen announcing moves toward electrifying its vehicle fleet, and Tesla beginning its production run of its highly anticipated Model 3, several other recent developments show momentum continuing to build...more

D.C. Circuit Vacates Portions of EPA's Definition of Solid Waste Rule

On July 7, 2017, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) vacated portions of the U.S. Environmental Protection Agency's (EPA) 2015 rule on the Definition of Solid Waste (the...more

California Air Resources Board New Draft Enforcement Penalty Policy

by Alston & Bird on

Today, CARB held another workshop to explain its new draft enforcement penalty policy and the factors it will use in assessing penalties in future enforcement cases. The factors are qualitative and narrative and subjective,...more

D.C. Circuit Rejects Trump EPA’s Delay of Methane Reduction Rules

by Kelley Drye & Warren LLP on

On July 3, 2017, the U.S. Court of Appeals for the District of Columbia dealt a blow to the Trump administration’s efforts to roll back Obama-era environmental regulations, ruling that the U.S. Environmental Protection Agency...more

Funding Opportunities Available for Energy Development on Tribal Lands

by Holland & Knight LLP on

As the Trump Administration seeks to promote American energy independence, new funding opportunities for deploying tribal energy projects on tribal lands are now available. These opportunities are the first step by the...more

Il futuro non e piu quello di una volta sostenibilita e investimenti energetici

The paper (in Italian), produced by Antonio Sileo, Director, Osservatorio Innov-E of I-Com and Research Fellow IEFE-Bocconi, was presented during the workshop "The Future Isn’t What it Used to Be: Sustainability and Energy...more

Massachusetts offshore wind RFP

by PretiFlaherty on

Massachusetts' investor-owned electric distribution companies have issued a joint Request for Proposals for offshore wind energy projects. Through the RFP, the utilities seek proposals for 400 megawatts (or more) of...more

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