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Energy & Utilities Environmental

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

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

Manhattan March for Science

The March for Science in Manhattan was smaller than the January 2017 Women’s March in Washington, but large enough that the “entry point” for us was changed from 62nd Street to 64th and then to 68th Street as we moved up...more

Louisiana’s Subsequent Purchaser Rule Bars Property Owner’s Claims

On April 18, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a Louisiana case that dismissed the plaintiff’s claims for property damage based on contamination caused to his property by...more

A Development in Earthquakes and Fracking

by Gray Reed & McGraw on

Sierra Club v. Chesapeake Operating LLC et al is news more shocking than “Man Bites Dog”! A federal court has acknowledged that others are better equipped to address certain issues than the judiciary!...more

IBB Announces Higher Blend Biofuels Dominate in Iowa

by Bergeson & Campbell, P.C. on

On April 4, 2017, the Iowa Biodiesel Board (IBB) announced that the Iowa Department of Revenue’s 2016 Retailers Fuel Gallons Annual Report demonstrated that more than half of Iowa’s fuel retailers carried biodiesel blends in...more

Maine community solar procurement bill, LD 1444

by PretiFlaherty on

This week a committee of the Maine state legislature is scheduled to hold a public hearing on a bill that would direct state regulators to enter into long-term contracts to procure 120 megawatts of large-scale community solar...more

EU Publishes Report on Progress of Renewable Energy Sources

by Bergeson & Campbell, P.C. on

On April 3, 2017, the European Environment Agency (EEA) announced the publication of the report titled “Renewable Energy in Europe 2017: Recent Growth and Knock-On Effects,” which demonstrates that renewables have been a...more

Trouble Ahead? Lobbying Underway to Prevent the Extension to the Industrial Emissions Directive

by Latham & Watkins LLP on

The Industrial Emissions Directive (IED) is the main EU instrument that regulates emissions from industrial installations (including power stations) and came into force on 6 January 2011. Its objective is to achieve a...more

LNG-to-power: Key Bankability Considerations for FSRU-to-IPP Project Structures

by King & Spalding on

Introduction/Synopsis - The growth of “LNG-to-power,” by which we mean the use of regasified LNG as a feedstock fuel for power generation, is largely attributable to a combination of economic, political and technical...more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

by Latham & Watkins LLP on

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This...more

Southern California Environmental Update #3 – April 2017

by Stoel Rives LLP on

This is the third update on environmental regulatory and legal developments in Los Angeles and adjacent counties, as well as the Southern San Joaquin Valley. ...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

ET Rover Suffers Two Spills in Ohio

by Clark Hill PLC on

During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio. The landscape of America is crisscrossed by millions of linear feet of...more

BETO Hosts Algae Cultivation for Carbon Capture and Utilization Workshop

by Bergeson & Campbell, P.C. on

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting an Algae Cultivation for Carbon Capture and Utilization Workshop on May 23-24, 2017, in Orlando, Florida. The event will feature...more

Host Country Benefits of Export Projects

by King & Spalding on

Hydropower, as an affordable, reliable and sustainable source of electricity, has played an important role in the growth and industrialisation of many emerging market economies, including Laos, Kenya, Sarawak (Malaysia),...more

U.S. Fifth Circuit Affirms Application of the Subsequent Purchaser Doctrine in Oilfield Contamination Case, Recognizes “Clear...

by Liskow & Lewis on

In Guilbeau v. Hess Corporation, the United States Fifth Circuit Court of Appeals unanimously affirmed the application of Louisiana’s subsequent purchaser doctrine to bar a plaintiff’s claims for property damage resulting...more

Financial parameters of auctions for renewable energy sources

by Dentons on

On 3 April 2017 two regulations were published in the Journal of Laws which set out the financial parameters of auctions for renewable energy sources (“RES”) that will be held in 2017. The government is planning to spend more...more

California Environmental Law & Policy Update - April 2017 #3

by Allen Matkins on

Environmental and Policy Focus - EPA emerges as major target after Trump solicits policy advice from industry - Washington Post - Apr 16 - Just days after taking office, President Trump invited American...more

Renewable Energy Update - April 2017 #3

by Allen Matkins on

Renewable Energy Focus - Perry orders Energy Department study of electric grid - The Hill - Apr 17 - Energy Secretary Rick Perry has ordered a departmental review of the electricity grid, targeting federal...more

Saudi National Renewable Energy Program Round 1 — “Scaling Up”

by Latham & Watkins LLP on

Energy powerhouse Saudi Arabia launches global stimulus for the renewables sector, creating new opportunities for sponsors and lenders. The Saudi Arabia Renewable Energy Investment Forum (SARIEF)1 took place in Riyadh...more

DOC Initiates Biodiesel Antidumping, Countervailing Investigation

by Bergeson & Campbell, P.C. on

On April 13, 2017, the U.S. Department of Commerce (DOC) announced that it was formally initiating antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia. The decision...more

EPA Requests Comments on Regulatory Rollbacks

by McDermott Will & Emery on

Last week, the US Environmental Protection Agency (EPA) published a request for comment asking for “input on regulations that may be appropriate for repeal, replacement, or modification.” EPA’s request is part of a federal...more

IRS Releases 2017 Section 45 Production Tax Credit Amounts

On April 12, 2017, the Internal Revenue Service (IRS) published the 2017 inflation-adjustment factors and reference prices used in the calculation of renewable energy production tax credits under IRC section 45. That guidance...more

Maine PUC releases 2015 renewable report

by PretiFlaherty on

Maine energy regulators have released a report on the state's electricity renewable portfolio standard, presenting data from 2015. The Maine Public Utilities Commission's Annual Report on New Renewable Resource Portfolio...more

Hawaii Senate Committee Passes Bill On Renewable Ground Transportation

by Bergeson & Campbell, P.C. on

On April 4, 2017, the Hawaii State Senate Committee on Ways and Means passed HB 1580, which sets a goal of having all ground transportation in Hawaii run on renewable fuel by 2045. The bill, which does not contain an...more

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