Environmental Energy & Utilities

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Judge Barbier BP Attempt to Limit Clean Water Act Fines

On September 4, 2014, District Court Judge Carl Barbier issued his “Findings of Fact and Conclusions of Law – Phase One Trial” in the Deepwater Horizon oil spill litigation. In his 153 page opinion, Judge Barbier found BP...more

Beveridge & Diamond Secures Favorable CARB Determination in Offset Investigation for U.S.’s Largest GHG Offsets Provider

Attorneys in Beveridge & Diamond’s San Francisco office recently helped the largest developer of greenhouse gas (GHG) offset credits in the U.S., Environmental Credit Corp. (ECC), secure a favorable determination from the...more

Maryland Jurisdictions Expanding P3 Strategies Despite Political Uncertainty

Despite perceived uncertainty as to the future of two, prominent transportation P3 projects, it appears that jurisdictions within Maryland are looking to P3 structures to solve a wider array of infrastructure issues in the...more

EPA Announces New Greenhouse Gas Reporting Rule for Oil and Gas Sector

On Friday, the U.S. Environmental Protection Agency (EPA) announced new rules for reporting greenhouse gas emissions that will apply to the oil and gas sector, part of EPA’s plan to institute a comprehensive strategy for...more

Denton Becomes First Texas City to Ban Hydraulic Fracturing

On Tuesday, November 4, 2014, 59 percent of voters elected to ban the practice of hydraulic fracturing (“fracing”) in the city of Denton, which sits on top of the hydrocarbon-rich Barnett Shale. Although the ban does not...more

EPA Issues Report On Future Of RCRA Program

At the winter meeting of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), EPA on October 29, 2014, issued a report on the Resource Conservation and Recovery Act (RCRA) program that appears...more

Energy & Environment Update - November 2014 #3

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

Massachusetts Climate Adaptation Policy: How Broad Will It Be?

Yesterday, I suggested that Massachusetts EOEEA may not have authority to issue its “MEPA Climate Change Adaptation and Resiliency Policy.” However, since I also conceded that Massachusetts courts are unlikely to agree with...more

ML Strategies Energy and Environment Update: Week of 11/17/2014

ENERGY AND CLIMATE DEBATE - President Obama and Chinese President Xi Jinping jointly pledged November 11 in Beijing to make significant CO2 reductions in the next two decades. The United States will reduce its net...more

FAQs Expiration of 30 Percent ITC After 2016

Some industry participants and observers are confused about what the investment tax credit (ITC) rules for solar will be on January 1, 2017. In an effort to provide some clarity to this issue, below are frequently asked...more

Energy & Environment Update - November 2014 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Defense - Department of Energy - Environmental Protection...more

The Keystone Pipeline – It’s About Time

Representative Bill Cassidy (R-La.) and Senator Mary Landrieu (D-La.) continue to fall over themselves to see who can be more supportive of legislation forcing President Obama to approve construction of the Keystone Pipeline....more

Environmental Impact Analysis — The Impact of a Project on the Environment or the Impact of the Environment on a Project?

Traditionally, environmental impact analysis, under NEPA and state analogs, has focused on the impacts that a proposed project may have on the environment. In Massachusetts, the Executive Office of Energy and Environmental...more

California Environmental Law and Policy Update - November 2014 #2

Environmental and Policy Focus - Heat, drought worsen smog in California, stalling decades of progress: Los Angeles Times - Nov 10: Heat and extreme drought have worsened smog in California over the last year, stalling...more

Ohio Elections Yield Mixed Results on Local Hydraulic Fracturing Bans

Last week’s Election Day in Ohio produced victories for fracing supporters and opponents alike. Proposed hydraulic fracturing bans were on the ballot in four different municipal contests. Voters in one city, Athens, approved...more

Green Sukuk: Financing the Gulf Region’s Renewable Energy Infrastructure

In this lw.com interview Latham & Watkins partner Harj Rai and associate Lee Irvine discuss how an issuance of green sukuk would allow Islamic investors, for the first time, access to ethical and socially responsible...more

Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations

A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more

Setting fees for use of federal dams

Federally owned dams and other structures can create opportunities for private development of hydropower facilities, in exchange for a fee. While fees charged to hydropower developers for using federally owned dams will...more

Election's Impact On Bioeconomy Discussed, Hottest Companies Revealed At ABLCNext

Many of the top policymakers, leaders, and stakeholders in the bioeconomy gathered in San Francisco this week for ABLCNext. The Biobased and Renewable Products Advocacy Group's (BRAG®) Executive Director Kathleen Roberts...more

EPA Administrator Gina McCarthy Announces Small Business Awards

On November 12, 2014, EPA Administrator Gina McCarthy held a press conference to announce the recipients of the Phase II Small Business Innovation Research (SBIR) awards. In her comments, Administrator McCarthy stated that "a...more

What does the agreement between the United States and China to reduce their greenhouse gas emissions mean to 'Joe Industry'?

All media outlets are discussing a groundbreaking agreement between the United States and China to reduce their greenhouse gas (GHG) emissions. Under the agreement, the United States promised to cut net greenhouse gas...more

RE: Bakken Crude-by-Rail: Environmental Groups Ask New York State to Regulate DOT-111 Tank Cars

A recent state-law challenge by environmental groups to an aspect of crude-by-rail transportation has teed up the question of federal supremacy over railroad regulation. Because federal law generally preempts state regulation...more

Upcoming Deadline for 2-year Extensions of Development Orders and Building Permits

Bilzin Sumberg's Land Development & Government Relations Group wants to remind you that if you have a current permit or development order that is scheduled to expire between January 1, 2014 and January 1, 2016, you have until...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 11/14

EPA Proposes To Remove 72 Chemicals From Approved Pesticide Inert Ingredients List: On October 22, 2014, the U.S. Environmental Protection Agency (EPA) requested public comment on a proposal to remove 72 chemicals from its...more

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