News & Analysis as of

Environmental Energy & Utilities

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

Federal Coal Combustion Residuals Rule: U.S. Environmental Protection Agency Administrator Grants Petition for Reconsideration

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt granted in a September 13th letter petitions for reconsideration from the Utility Solid Waste Activities Group (“USWAG”) and AES Puerto...more

Greenhouse gas emissions trading schemes: A global perspective - Mexico

by White & Case LLP on

Implementation of a cap-and-trade program and compliance market is expected by 2021 - In 2012, Mexico enacted the General Law on Climate Change (GCCL), which required the creation of a national registry for greenhouse...more

Underground Storage Tank Closure/Environmental Assessment: Commonground Blog Post Asks Whether A Data Gap is Considered a...

A September 14th post on the blog Commonground asks if there is a scenario where a Data Gap/Data Failure is considered a recognized environmental condition (“REC”). The blog provides a forum to discuss a variety of issues...more

California Environmental Law & Policy Update - September 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Water district vote deals major blow to California's delta tunnel project - Los Angeles Times - Sep 19 - By a 7-1 vote, the Westlands Water District board on Tuesday decided not...more

Federal Energy Regulatory Commission Holds that a State Agency Waived its Authority to Issue a Water Quality Certification by...

by King & Spalding on

On September 15, 2017, the Federal Energy Regulatory Commission (FERC) issued an order holding that the New York State Department of Environmental Conservation (NYSDEC) waived its authority under the Clean Water Act (CWA) by...more

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

New York Governor Signs Bill On Bioheating Fuel Requirements

by Bergeson & Campbell, P.C. on

The National Biodiesel Board (NBB) announced that on September 13, 2017, New York Governor Andrew Cuomo signed legislation that introduces bioheating fuel tax credits and bioheating fuel tax requirements to three New York...more

Pruitt Responds To Senators’ Request For Details On Icahn’s Advisory Role

by Bergeson & Campbell, P.C. on

On September 11, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senator Sheldon Whitehouse (D-RI) in response to the request by Senator Whitehouse and four other Democratic...more

Neste Announces Renewable Jet Fuel To Be Used At Genève Aéroport

by Bergeson & Campbell, P.C. on

On September 13, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced it is collaborating with Genève Aéroport to make flying more sustainable. Neste will be providing renewable jet...more

DOE Studies Impact Of Drought On Biomass Products

by Bergeson & Campbell, P.C. on

Researchers from the U.S. Department of Energy (DOE) have linked changes in rainfall and other environmental stressors during crop growth to potential deleterious effects on biofuel production. The study demonstrates that...more

Greenhouse gas emissions trading schemes: A global perspective - Canada

by White & Case LLP on

Ontario and Québec lead the way in developing trading schemes - Canada's federal government recently entered into an agreement with eight Canadian provinces and three Canadian territories that is likely to accelerate the...more

Clean Water Act Jurisdiction/Groundwater: National Association of Clean Water Agencies Amicus Brief

The National Association of Clean Water Agencies (“NACWA”) joined a number of organizations in filing an Amicus Brief on September 8th with the United States Court of Appeals for the Fourth Circuit in the case styled Upstate...more

Examination of Vegetation Management Requirements for Electricity Assets Located on Federal Lands: September 19th U.S. Senate...

The United States Senate Committee on Energy and Natural Resources held a hearing titled - To Examine Vegetation Management Requirements for Electricity Assets Located on Federal Lands - The hearing was also scheduled...more

Currents - Energy Industry Insights - September 2017#3

Trump is Still Pulling Out of Paris Agreement, Despite Chatter of a Reversal, Experts Say - "President Donald Trump is unlikely to reverse his position to pull out of the Paris climate agreement, despite the White House...more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Halftime in California — Which Climate and Environmental Bills Are on the Board?

by K&L Gates LLP on

The California legislature conducts its business in two-year sessions starting on the first Monday in December following an election. Last Friday, September 15, 2017, marked the last day for the California legislature to pass...more

NYDEC Waived Right to Act on a CWA 401 Water Qualification

The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more

U.S. Dodges OPA Claim But Must Defend Against Insurer’s Negligence Claims

On September 15, the U.S. Court of Appeals for the First Circuit released a significant Oil Pollution Act (OPA) ruling. The case is Ironshore Specialty Insurance Company v. U.S., et al. The Court of Appeals affirmed the...more

Tesla Bringing Supercharger Stations to Boston and Chicago

On September 11th, Tesla announced the opening of Supercharger stations in downtown Boston and Chicago, representing the first step in the company’s effort to expand its Supercharger network into urban areas. The company...more

Sustainable Development Update - September 2017 #3

by Allen Matkins on

Sustainable Development Focus - Cal State Long Beach adds solar panels on campus - Long Beach Post - Sep 15 - To advance toward a goal of carbon neutrality on campus by 2030, Cal State Long Beach (CSULB) recently...more

Greenhouse gas emissions trading schemes: A global perspective - United States

by White & Case LLP on

Individual states are expected to take the lead in regulating greenhouse gas emissions - In the US, the trading of greenhouse gas (GHG) emission-reduction credits is underway in a large group of states on the East Coast...more

Net-Metering/Arkansas Public Service Commission: Joint Report/Recommendations of Working Group Filed

A Joint Report and Recommendations of the Net-Metering Working Group (“Report”) was filed before the Arkansas Public Service Commission (“PSC”) on September 15th. See In the Matter of Net-Metering and the Implementation of...more

New Wave of Climate Change Related Litigation Focuses on Industry

by Miles & Stockbridge P.C. on

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the...more

Updates to Energy Related Bills in the 2017-2018

by Stoel Rives LLP on

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving...more

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