Environmental Energy & Utilities

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EPA Issues RCRA Rule Regulating Coal Ash as Non-Hazardous Waste

The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more

EPA Proposes to Retain Current Lead NAAQS

Environmental Protection Agency (EPA) Administrator Gina McCarthy on December 19, 2014, signed a proposed rule that would retain, without revision, the national ambient air quality standards (NAAQS) for lead of 0.15...more

Energy & Environment Update - December 2014 #3

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

ML Strategies Energy and Environment Update: Week of 12/22/2014

ENERGY AND CLIMATE DEBATE - The 113th Congress adjourned sine die last week, and efforts are underway to prepare for an eventful 114th Congress and final two years of the Obama Administration....more

CCRs Dodge a Hazardous Waste Bullet: EPA Regulates under RCRA Subtitle D

On Friday, EPA finally released its final rule regulating coal combustion residuals. Facility owners breathed a sigh of relief, as EPA chose to regulate under Subtitle D of RCRA, rather than under the cradle-to-grave...more

Supreme Court's Petition Denial in Clean Air Act Pre-emption Case Reinforces Threat From Common Law Claims

The United States Supreme Court denied a petition for certiorari earlier this month after the Iowa Supreme Court held in June that the plaintiffs' nuisance claims were not pre-empted by the Clean Air Act (CAA) in Freeman v....more

EPA Issues Final Rule Revising RCRA Definition of Solid Waste

On December 10, 2014, EPA Administrator Gina McCarthy signed a final rule revising the Definition of Solid Waste (DSW) under the Resource Conservation and Recovery Act (RCRA). The 500 plus page-long rule should be published...more

Fish Two, Water Withdrawals Zero: The 9th Circuit Affirms Another Biological Opinion

On Monday, the 9th Circuit Court of Appeals dealt another blow to traditional operation of the massive water projects that supply California’s Central Valley. The Court reversed those parts of a District Court opinion that...more

New Year Brings New Coal Ash Regulations and New Legislative Proposals

December 19, 2014 marked the deadline for the Environmental Protection Agency (EPA) to announce its final decision regarding a new regulatory scheme for coal ash disposal (Coal Combustion Residuals or CCR). The new...more

Sol-Wind’s IPO Compared to YieldCos & Structures of Other MLPs

Yesterday, Sol-Wind filed its S-1 with the Securities & Exchange Commission for its listing on the NYSE. Its ticker symbol will be SLWD. Here is a link to my structure diagrams for Sol-Wind and comparisons of it to a...more

More Regulatory Stability and Incentives for Biogas and Biomass Projects

Last month, the U.S. Environmental Protection Agency (EPA) announced a host of new incentives to encourage the use of fuels derived from biomass—including biogas that replaces traditional natural gas in the form of compressed...more

Frackers v. Anti’s – Scoring update

The box scores after election day showed frackers 4, anti’s 4. Courtesy of a gubernatorial grand-slam by Gov. Andrew Cuomo, hydraulic fracturing is now banned throughout the entire state of New York....more

CEQ Issues Draft Guidance on Evaluation of Greenhouse Gas Emissions

The guidance will significantly affect infrastructure projects located on federal land and federal permitting of major energy projects. On December 18, the White House’s Council on Environmental Quality (CEQ) issued...more

New York Environmental Commissioner Will Issue an Order Early Next Year Banning “Fracking,” Under a Moratorium Since 2008

In a much-anticipated report, the New York State Department of Health has concluded that high-volume hydraulic fracturing (HVHF) should be banned statewide. In a nutshell, the Department found that there was insufficient...more

Prompted by Congress, FERC Will Hold Technical Conferences to Examine EPA’s Clean Power Plan

We recently discussed the November letter request sent by Congressional energy committee leaders to the Federal Energy Regulatory Commission (FERC) questioning the Environmental Protection Agency’s (EPA) collaboration, or...more

Conservation Easements Are Not Required As Mitigation For Permanent Loss Of Farmland

In Friends of the Kings River v. County of Fresno, the California Fifth District Court of Appeal upheld the County of Fresno’s adoption of an Environmental Impact Report for a mining operation that will result in a permanent...more

EPA Releases Annual Environmental Enforcement Results

December 18, 2014, marked the release of the U.S. Environmental Protection Agency’s (EPA) annual environmental enforcement and compliance results. See News Release, U.S. Environmental Protection Agency, EPA Announces 2014...more

EPA Revisions to Definition of “Solid Waste” Change the Regulatory Landscape for Hazardous Recyclable Materials

On December 10, 2014, the Administrator of the U.S. Environmental Protection Agency (“EPA” or the “Agency”) signed a final rule revising the definition of “solid waste” for purposes of the federal hazardous waste regulatory...more

EPA Regulates Coal Combustion Residuals as Solid Waste and Retains Exclusions for Beneficial Use

Today EPA issued a final rule regulating coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). This ends years of speculation regarding whether EPA might decide...more

EPA Releases FY 2014 Enforcement Results: Maybe Less Enforcement Is Good News

Last week, EPA released its report on Enforcement Annual Results in EPA Regions for Fiscal Year 2014. As always, the report is worth reading, if only for the interactive map which shows where EPA has brought various kinds of...more

New Water Reporting Requirements for Oil and Gas Operators

A new oil and gas reporting bill, Senate Bill 1281, sponsored by State Senator Fran Pavley, was signed by Governor Brown on September 25, 2014. The California Department of Conservation – Division of Oil, Gas and Geothermal...more

Environmental Branding in Social Media

For the last three years, I have been the Vice Chair of Social Media for the American Bar Association Section of Environment, Energy, and Resources Air Quality Committee. The position requires posting developments in the law...more

2014 Saw A Wave of Environmental Law Changes

The past year saw several developments in environmental law at both state and federal levels, particularly regarding water supply, water quality and regulation of greenhouse gas emissions. As federal regulators tightened the...more

White & Case’s Japan Seminar Series 2014: Accessing Energy Resources

The 2011 Fukushima nuclear disaster caused Japan to reevaluate its energy policy by placing less emphasis on nuclear energy and more on LNG and renewables. In February 2013, Professor Motoshige Itoh led an independent...more

Construction E-Note - December 2014

In this issue: - Construction Expected to Increase in 2015 - What Now? Why Maryland's Decision to Recognize the International Green Construction Code May Signal a Major Shift in the Means Utilized to Implement...more

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