Energy & Utilities Zoning, Planning & Land Use

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Update: Mexico’s Ronda Uno

On April 30, 2015, the Comisión Nacional de Hidrocarburos (CNH) released a revised version of the Bidding Guidelines for the First Tender published on December 11, 2014. This first tender seeks to auction fourteen (14)...more

Entry into force of the RES Bill

On 4 May 2015 the Act of 20 February 2015 on renewable energy sources (the “RES Bill”) enters into force. The RES Bill is a new act aimed at comprehensively regulating the sector of renewable energy sources (“RES”) which also...more

California Environmental Law & Policy Update - May 2015

Environmental and Policy Focus: Governor Brown touts aggressive plan to cut greenhouse gases: KPCC - Apr 29: California would aggressively reduce greenhouse gas emissions by 2030 under a plan announced Wednesday by...more

Corn-Based Ethanol Debate Intensifies – – A Bit

A recent article in USA Today questions whether ethanol’s days are numbered. While that article is written from the perspective of whether the stock of ethanol producing companies is a good investment, it focuses on some of...more

NERC's Polite Review of the Clean Power Plan: A "Challenge"

When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal...more

Oil on the Rails: States Increasing Regulation of Oil Trains

The increase in North American petroleum production in recent years, coupled with inadequate pipeline infrastructure, has resulted in a significant rise of, and reliance on, the transport of crude oil by rail. Public...more

CEQA Judicial Outcomes: Fifteen Years of Reported California Appellate and Supreme Court Decisions

This report analyzes all published opinions from 1997 through 2012 litigated to the California Court of Appeal or the California Supreme Court concerning the analytical validity of an Environmental Impact Report (EIR) or...more

FERC Policy Statement Regarding Pipeline Recovery of System Modernization Costs

On April 16, 2015, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement on Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (the “Policy­­­.Statement”), opening...more

California Governor Aims to Reduce Emissions 40 Percent Below 1990 Levels by 2030

In an Executive Order issued yesterday, California Governor Jerry Brown set “a new interim statewide greenhouse gas emission reduction target to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030 is...more

Keystone XL’s Opponents Won’t Derail Canadian Oil Trains to the Gulf Coast

The U.S. Gulf Coast—with its 1.4 million barrels per day of coker[*] refining capacity geared to maximize output of high-value lighter products from lower-cost, heavy, high-sulfur crude oil feedstocks—is an ideal market for...more

Your Texas Legislature at Work, Part 2

The Texas legislature is still busy on energy issues. Is that good or bad? It depends on your situation; oil patch thieves won’t like it. Wind Energy - Senate Bill 931 would blow away the Renewable Portfolio...more

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

Governor Brown Announces New 2030 Greenhouse Gas Reduction Target for California

This morning, California Governor Jerry Brown announced Executive Order B-30-15, setting a target to reduce greenhouse gas (GHG) emissions in the state to 40% below 1990 levels by 2030. The 2030 target acts as an interim goal...more

California Supreme Court Hears Oral Argument Over City’s Inclusionary Housing Set-Aside

On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more

Environmental Alert: "Potential Seismic Activity from Injection Wells Prompts Railroad Commission of Texas to Order Hearings"

On Friday, April 24, the Railroad Commission of Texas (RRC) ordered hearings regarding two waste injection well permits. The hearings are to address an alleged connection between the injection wells and seismic activity in...more

Texas Changes the Goal(s)

The news in 2015 is the proposed repeal of the renewable portfolio standard (RPS). Back in 1999, when they deregulated the electric market, Texas adopted an aggressive RPS of 10,000 MW by 2025 (including 500 MW of non-wind...more

Energy & Environment Update - April 2015 #3

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Energy - Department of Interior - Department of...more

Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

The Most Influential, Unimplemented Federal Rule in History

The Clean Power Plan, as proposed by the Environmental Protection Agency last year, would limit carbon dioxide emissions from power plants for the first time in history. The proposal, slated to go final this summer, is...more

DOE’s Quadrennial Energy Review: Implications for Electricity Storage, Federal Resource Agency Approvals, and Grid Service...

The U.S. Department of Energy (DOE) has released the first Quadrennial Energy Review (Review), a document offering a variety of proposals designed to modernize the nation's energy infrastructure. The Review, released on April...more

House Subcommittee to Revise Draft TSCA Reform Bill for May 14 Markup

Legislation to amend the Toxic Substances Control Act (TSCA), already introduced in the Senate, has taken a step forward in the House of Representatives as well. ...more

Tribes in Arizona May Have Opportunity to Participate in State’s Implementation Plan for the EPA Clean Power Plan

Arizona Governor Doug Ducey signed into law SB 1007, which authorizes the state to include tribes in any state plan to implement the U.S. Environmental Protection Agency’s proposed rule to reduce carbon dioxide (CO2)...more

Obama Administration Releases First Installment of the Quadrennial Energy Review

The Obama Administration released the first installment of its Quadrennial Energy Review (“QER”), which focuses on energy transmission, storage, and distribution (“TS&D”). The QER was first launched in Obama’s Climate Action...more

PHMSA Targeting Pipeline Construction - Enforcement Focus on 60-Day Notification Requirement

The Pipeline and Hazardous Materials Safety Administration has stepped up enforcement efforts concerning pipeline and LNG terminal construction. Construction-related inspections have resulted in a number of recent enforcement...more

Lone Pine Loss: Supreme Court of Colorado Says State Rules Don’t Allow Use of Lone Pine Orders in Natural Gas Drilling Case

Earlier this week, the Supreme Court of Colorado issued its long-awaited decision in Antero Resources Corp. v. Strudley and held that the Colorado Rules of Civil Procedure do not allow a trial court to issue a modified case...more

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