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Environmental Energy & Utilities

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

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

by Beveridge & Diamond PC on

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

Senators Send SEC, EPA, Letter On Renewable Fuel Credit Market

by Bergeson & Campbell, P.C. on

On May 9, 2017, Senator Elizabeth Warren (D-MA), along with seven additional Democratic Senators, sent a letter to the Securities and Exchange Commission (SEC), the U.S. Environmental Protection Agency (EPA), and the...more

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

Indonesia’s MEMR Regulation 12: A Step Forward or a Step Back?

by Shearman & Sterling LLP on

Despite a significant renewable energy potential, Indonesia currently only produces six percent of its electricity from renewable energy.  The Indonesian government is targeting increasing this to 23 percent by 2025.  Many...more

Kentucky Proposes Regulations to Address Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) Associated...

by Freeborn & Peters LLP on

Filling in a gap in its regulations, Kentucky proposes new regulations for technologically enhanced naturally occurring radioactive materials or TENORM. The regulations were in response to concerns about the management of...more

Maryland Takes Key Step for Offshore Wind

by Beveridge & Diamond PC on

On May 11, the Maryland Public Services Commission (PSC) issued $1.9 billion in Offshore Wind Renewable Energy Credits (ORECs) to two prospective offshore wind developers, effectively ensuring a market for any electricity...more

District Court Dismiss Bid To Force DOI To Decide Whether NEPA Policy Changes Are Needed

On May 4, the U.S. District Court for the District of Columbia issued a “Deepwater Horizon” ruling in Center for Biological Diversity v. Zinke. The Center for Biological Diversity’s (Center) claims concerns the Department of...more

Trump Orders Federal Agencies to Reconsider Energy and Climate Change Initiatives

by Williams Mullen on

President Trump signed an executive order on March 28, 2017 that will have a significant impact on existing energy and environmental policies and regulations. Entitled “Promoting Energy Independence and Economic Growth,” the...more

Bye-Bye Clean Power Plan

by Williams Mullen on

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

EIA Publishes February Biodiesel Production Report

by Bergeson & Campbell, P.C. on

On April 28, 2017, the U.S. Energy Information Administration (EIA) released its monthly biodiesel production report for February 2017. According to the report, U.S. biodiesel production increased by one million gallons...more

Renewable Energy Update - May 2017 #2

by Allen Matkins on

Renewable Energy Focus - EIA charts utility-scale solar’s ‘rapid’ five-year growth - Solar Industry Magazine - May 4 - U.S. utility-scale solar installations, including both photovoltaic (PV) and thermal...more

PHMSA Increases Penalty Limits for Pipeline Safety Violations

by Beveridge & Diamond PC on

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) revised its regulations to increase the maximum civil penalties for violations of Federal pipeline safety laws, as well as any...more

DOE Hosts Tenth Annual Bioeconomy Conference

by Bergeson & Campbell, P.C. on

The Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting its tenth annual Bioeconomy 2017: Domestic Resources for a Vibrant Future conference on July 11-12, 2017, in Arlington, Virginia. As in years...more

Senator Wyden Introduces “Clean Energy for America Act”

Senate Finance Committee Ranking Member Ron Wyden (D-OR) recently introduced the “Clean Energy for America Act,” which aims to create a new technology neutral system for federal tax credits for clean energy, clean fuel, and...more

Senate Finance Committee Introduces Clean Energy For America Act

by Bergeson & Campbell, P.C. on

On May 5, 2017, Senator Ron Wyden (D-OR) introduced to the Senate Finance Committee legislation focused on reducing carbon pollution over the next decade by incentivizing clean energy and promoting new technologies in the...more

Energy Related Hearings This Week

by Kelley Drye & Warren LLP on

House Foreign Affairs — Subcommittee on Western Hemisphere hearing on “Energy Opportunities in South America.” Date: Wednesday, May 17, 10 a.m. Place: 2172 Rayburn Bldg....more

RFA Sends Letter To EPA On RVO Rulemaking

by Bergeson & Campbell, P.C. on

On April 24, 2017, Bob Dineen, President and CEO of the Renewable Fuels Association (RFA) sent a letter to EPA Administrator Scott Pruitt requesting that the 2018 Renewable Fuel Standard (RFS) Renewable Volume Obligations...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

New York Is Transitioning Away from Net Energy Metering for Distributed Resources

by Latham & Watkins LLP on

New details from the New York Public Service Commission and New York’s investor-owned utilities outline shift to a value-based compensation model for distributed energy resources. Key Points: ..Distributed generation...more

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Washington State Streamlines Permitting for Geothermal Exploration

by Stoel Rives LLP on

On Monday Governor Inslee signed SB 5470, which the legislature unanimously passed to streamline Department of Natural Resources (DNR) permitting for drilling core holes used to gather geothermal data...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Foley Hoag Releases Summary Report on Good Practices for Oil Pipelines, as Commissioned by the Dakota Access Consortium of Lenders

On May 9, we released a public summary of our report “Good Practice for Managing the Social Impacts of Oil Pipelines in the United States.” The independent report was prepared by Amy Lehr, Cicely Parseghian, and Gare...more

Federal Court Halts Lawsuit Consideration over Obama’s Clean Water Rule; Pruitt Recruits Governors to Shape New EPA Water...

One of President Trump’s early campaign promises was to dismantle the 2015 Clean Water Rule, the Obama administration’s regulation asserting federal power over navigable bodies of water and aiming to replace polluting...more

NC Legislative Update: May 2017

by Nexsen Pruet, PLLC on

This Week - Longtime legislative reporter Mark Binker, most recently editor of the The Insider, passed away unexpectedly this past Saturday at 43 years old. Mark was a friend to many including the Nexsen Pruet Public...more

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