News & Analysis as of

Environmental Energy & Utilities

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

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

California Environmental Law and Policy Update - July 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

by Snell & Wilmer on

The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of...more

State Programs to Encourage Zero-Emitting Generation Are Constitutional

Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy. Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Renewable Energy Update - July 2017 #3

by Allen Matkins on

Renewable Energy Focus - California’s extension of cap-and-trade provides more certainty to cleantech - Greentech Media - Jul 18 - Late Monday night, California lawmakers approved a group of bills that extend the...more

DOE Awards $40 Million In Funding For Bioenergy Research Centers

by Bergeson & Campbell, P.C. on

On July 17, 2017, the U.S. Secretary of Energy Rick Perry announced that $40 million in Department of Energy (DOE) awards will be used to establish four DOE Bioenergy Research Centers (BRC) to be led by a DOE National...more

RICanada Welcomes Quebec Renewable Fuel Volume Requirements

by Bergeson & Campbell, P.C. on

Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy...more

California post-2020 GHG Regulation Debate: Compromise Passed Both Houses with a Two-Thirds Vote

by Reed Smith on

To achieve its goals of reducing greenhouse gas (“GHG”) emissions linked to global warming, California relies upon a number of programs and policies, including a system of capping total GHG emissions from regulated source,...more

State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality...

by Downey Brand LLP on

As posted in CEQA Chronicles, on July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to...more

California Environmental Law and Policy Update - July 2017 #2

by Allen Matkins on

Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday...more

Negligence liability: parent and subsidiary companies

by Dentons on

The High Court has considered the circumstances in which a parent company may be liable to third parties in negligence for the acts or omissions of its subsidiary....more

California’s Cap-and-Trade Regulations Extended Through 2030 – A Victory for Climate Policy and Business Alike

by Davis Wright Tremaine LLP on

On July 17, 2017, the California Assembly and the Senate voted to extend California’s Cap-and-Trade Program from 2021 to 2030 (Assembly Bill (“AB”) 398). Governor Brown is widely expected to sign the bill in the coming...more

Fourth Circuit Court of Appeals Overturns West Virginia District Court’s Order Requiring EPA to Evaluate Clean Air Act Employment...

by Kelley Drye & Warren LLP on

On June 29, the U.S. Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider a lawsuit filed by Murray...more

Responsibility for German Nuclear Waste Shifts With Creation of State-owned Fund

by Latham & Watkins LLP on

In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The...more

Key Takeaways from CELF's Annual Jasper Research Seminar

by Bennett Jones LLP on

The Canadian Energy Law Foundation (CELF) held its Annual Jasper Research Seminar in mid-June, the 56th year this world class event has been held in Alberta. Energy practitioners presented on critical legal issues in the...more

G20 Advances Climate and Energy Action Plan for Growth

by Latham & Watkins LLP on

On 8 July 2017, the G20 summit in Hamburg issued a Climate and Energy Action Plan for Growth (the Plan). The Plan reaffirms the commitment of the countries (excluding the United States (US) — which announced its intended...more

EIR Need Not Analyze Consistency With GHG Executive Order

Cleveland National Forest Foundation et al. v. San Diego Association of Governments et al. (July 13, 2017, Case No. S223603) - Why it matters: The California Supreme Court upheld the San Diego Association of Governments’...more

Apocalypse Now? Not Much Has Changed in the Last Six Months

by Snell & Wilmer on

It has almost been six months since the Trump administration came into power. At that time, energy and environmental stakeholders were either celebrating the advent of a period of progressive reform or lamenting the end of...more

Court Rejection of FERC’s Actions on PJM MOPR Filing Likely to Change FERC Decision Making

by Cozen O'Connor on

On July 7, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Federal Energy Regulatory Commission (FERC) actions modifying PJM’s Minimum Offer Price Rule filing. NRG Power Marketing, LLC, et al. v....more

Renewable Energy Update - July 2017 #2

by Allen Matkins on

Renewable Energy Focus - DOE’s SunShot awards $46M for solar tech-to-market research - Greentech Media - Jul 13 - The Department of Energy may be facing potentially massive budget cuts and interference in how it...more

Reconsidering Helium Production on Federal Lands Amid Privatization of Federal Helium Reserve

by Stoel Rives LLP on

On Wednesday the Bureau of Land Management (BLM) will auction helium stored in its Cliffside Field underground storage facility in west Texas (aka the Federal Helium Reserve). This annual auction under the Helium Stewardship...more

Offshore Wind Development Potentially Finds Smoother Sailing in Deeper Water

In a breakthrough for offshore wind energy in the United States, construction of the Block Island Wind Farm, the first U.S. offshore wind farm, was completed in August 2016 about 30 miles off the coast of Rhode Island. The...more

Pennsylvania Supreme Court Holds that Fiscal Legislation Can be Invalidated When Inconsistent with Environmental Rights Amendment

In 1971, the citizens of Pennsylvania overwhelmingly approved a proposed amendment to the Commonwealth of Pennsylvania’s Constitution’s Declaration of Rights, now known as the “Environmental Rights Amendment” (ERA). The...more

Sustainable Development Update - July 2017 #2

by Allen Matkins on

Sustainable Development Focus - Chicago grabs lead in green office buildings, study shows - Bloomberg - Jul 6 - Chicago now has the highest percentage of certified LEED or Energy Star office buildings, 66...more

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