Environmental Energy & Utilities

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A Resurgence in U.S. Manufacturing Requires a Sensible Mining Permitting Process

A new short video found at the website for Minerals Make Life - a National Mining Association initiative - illuminates the close ties between the widespread resurgence of manufacturing in the United States and the need for...more

Hydraulic Fracturing, Uncooperative Federalism, and Technological Innovation

According to the U.S. Department of Energy (“DOE”), the “[h]andling and disposal of [waste] water is the single greatest environmental impediment to domestic oil production.” In particular, hydraulic fracturing (“HF”)...more

CRS Analyzes the Production Tax Credit and Related Policies

With both chambers of Congress considering the extension of the production tax credit (PTC), the Congressional Research Service published a report on April 7, 2014, The Renewable Energy Production Tax Credit: In Brief. ...more

Is there a statute of limitation in government Clean Water Act Cases?

A Minnesota federal trial court recently ruled that the government can sue Clean Water Act violators even if the statute of limitations has expired. The decision opens the door for the Eighth Circuit to issue a definitive...more

Waters of the United States Proposed Rule

The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and...more

RCRA Developments - What’s Hot, What’s Simmering?

EPA’s efforts to regulate certain types of wastes as hazardous wastes -- some decades in the making -- are starting to see the light of day. Ranging from “very hot” to “simmering,” a number of EPA’s rules under the Resource...more

Expanding the Definition of "Waters of the United States" – EPA's Proposed New Rule

On April 21, 2014, the United States Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers formally proposed a rule establishing a regulatory definition of the term "waters of the United States." This...more

Northern States Power Company Issues 100 MW Solar RFP

Northern States Power Company (d/b/a Xcel Energy) released its long-awaited solar request for proposals (RFP) today. Although it had earlier suggested the RFP would be for up to 150 MW, today’s RFP seeks up to 100 MW of PV...more

Renewable Energy Update

Renewable Energy Focus - U.S. Senate Committee votes to extend tax breaks for wind farms: Renewable Energy World News - Apr 4 -- U.S. wind farms would keep their treasured tax breaks as part of an $85 billion package...more

Cement Kiln Operators Better Hope that Their Control Technology Works: D.C. Circuit Vacates EPA’s Affirmative Defense Rule

Last week was hazardous air pollutant regulation week at the D.C. Circuit Court of Appeals. First, as we reported, the Court affirmed EPA’s mercury air toxics rule, determining that EPA need not take cost into account in...more

Regional Stormwater Systems: How Should They Be Structured and Financed?

In the world of water and sewage, there are three general types of systems: A "water system" is for drinking water. Raw water is taken from a collection point (for example, a river, a lake or an underground aquifer)...more

The State of Fracking

Fracking is not new to California - it has been used in oil fields for decades - but it has recently become a hot political and legal issue with increasing news reports about alleged environmental damage associated with...more

EPA Issues Proposed Rule Interpreting Jurisdictional Reach of Clean Water Act: Deadline for Comments on the Proposed Rule is July...

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally issued a Proposed Rule today designed to clarify their regulatory jurisdiction under the Clean Water Act. The Proposed Rule will...more

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees. The public comment period will soon close on May 9, 2014 for the Environmental...more

China Update

In This Issue: - Quote of the Week - U.S.-China Relations - China News - Energy & Environment - Trade - Excerpt from Quote of the Week: “No bilateral relationship in the 21st century is likely...more

Energy & Environment Update

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

New Clean Air Act Decision Could Spell Trouble for Defendants in Citizen Suits

On April 18, 2014, the D.C. Circuit issued its decision in Natural Resources Defense Council v. Environmental Protection Agency et al., No. 10-1371 (Apr. 18, 2014), a case challenging new EPA emissions standards that govern...more

EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

Department of Energy Draft Renewable Energy and Efficient Energy Loan Guarantee Solicitation Alert

On April 16, 2014, the U.S. Department of Energy (DOE) Loan Programs Office (LPO) issued a draft loan guarantee solicitation for renewable energy and efficient energy projects and facilities. The draft solicitation is...more

Barnhardt Manufacturing Earns USDA Biobased Product Certification Label

On April 11, 2014, Barnhardt Manufacturing Company (Barnhardt) announced that its HyDri™ Cotton product has earned a U.S. Department of Agriculture (USDA) Certified Biobased Product label under the Department's BioPreferred...more

API And AFPM Have Asked For A Hold On Challenge To 2013 RFS

On April 11, 2014, the American Petroleum Institute (API) and American Fuel & Petrochemical Manufacturers (AFPM) petitioned the U.S. Court of Appeals for the District of Columbia Circuit to place a hold on their challenge to...more

DOE Announces Up To $10 Million For Advanced Biofuels And Bioproducts

On April 15, 2014, the U.S. Department of Energy (DOE) announced that it would provide up to $10 million to promote the production of "advanced biofuels, substitutes for petroleum-based feedstocks, and bioproducts made from...more

EPA Releases 2014-2018 Strategic Plan

On April 10, 2014, the U.S. Environmental Protection Agency (EPA) released its strategic plan through 2018. A copy of the plan is available online. It includes statements by EPA reinforcing its commitment to enhancing...more

Petroleum Groups Want Biodiesel “Loophole” Closed In RIN Quality Assurance Rule

API, AFPM, and ExxonMobil urged EPA and the Office of Management and Budget (OMB) to eliminate the ability of biodiesel producers to sever RINs from batches of fuels produced as part of an upcoming final rule establishing a...more

EU Revises Conditions for Compatible State Aid in the Energy Sector

New EC Guidelines confine public support to renewables, but enable state intervention for cross-border infrastructure, generation adequacy and energy-intensive industries. Looking to 2030 and beyond,2008 Guidelines that...more

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