Government Contracting Energy & Utilities

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Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

Maine explores non-transmission alternatives coordinator

Should Maine designate an entity to coordinate the development of lower-cost alternatives to new electric transmission lines? The Maine Public Utilities Commission has opened an inquiry to obtain comments on the role of a...more

South African Renewable Energy Independent Power Producer Procurement Programme (REIPPPP): Salient Features Of And Changes To The...

Briefing Note 23 and Parts A, B and C of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) Request for Qualification and Proposals (RFP) Expedited Bid Submission Window (EW) dated June 2015 have...more

DTE Energy Issues 5-50 MW RFP

DTE Energy (DTE) announced recently that it has issued a request for proposal (RFP) for the construction of a 5-50 MW solar generating facility. While DTE is seeking proposals for projects in the city of Detroit as well...more

DOE Announces $55 million To Fund GENSETS And TERRA Programs

On June 18, 2015, the U.S. Department of Energy (DOE) announced $55 million in funding for projects to accelerate biomass development and develop generator technologies under the Advanced Research Projects Agency-Energy...more

USDA Is Now Accepting Applications From States For Biofuels Infrastructure Partnership

On June 12, 2015, the USDA began accepting applications for grants under the Biofuels Infrastructure Partnership (BIP). Through the Commodity Credit Corporation (CCC), BIP will provide up to $100 million in grants to support...more

FERC Approves PJM Capacity Market Reforms over Chairman’s Objection

On June 9, 2015, the Federal Energy Regulatory Commission (“FERC”) issued an order substantially approving PJM Interconnection, LLC’s (“PJM”) proposal, as modified, to make significant changes to its forward capacity market...more

Obama Administration and Private Partners Make a Clean Energy Push

Yesterday, the White House hosted a Clean Energy Investment Summit where Vice President Biden highlighted more than $4 billion in pledges from major foundations and long -term investors to fund climate change solutions....more

PUC Establishes Gifts and Favors Ban

The Pennsylvania Public Utility Commission (PUC) has followed the governor’s lead1 and implemented a gifts and favors ban (the ban) for PUC employees and the families of PUC employees. The ban, which is available here,...more

Corporate Investigations & White Collar Defense - May 2015

It’s an Absolute Privilege to Meet You! Texas Supreme Court Rules That Internal Investigation Report Provided by Shell Oil to DOJ Enjoys “Absolute Privilege” - Why it matters: On May 15, 2015, the Texas Supreme Court...more

New Executive Order on Federal Sustainability Promotes Responsible Government Procurement Policies

In March, President Obama issued Executive Order 13693, “Planning for Federal Sustainability in the Next Decade.” It replaces and updates a number of Executive Orders and Memorandums, most notably replacing Executive Order...more

Santa Paula’s Water Recycling Facility Purchase Caps Successful Public-Private Partnership

The City of Santa Paula’s decision to purchase its much-touted and award-winning water recycling facility highlights how this pioneering public-private partnership project has proven to be a triumphant model of risk...more

Weekly Update Newsletter - May 2015 #3

GOVERNMENT CONTRACTS - DoD Issues January and February 2015 Contract Data Contract Reporting Scorecards - The Department of Defense (DoD) issued the contract data and reporting scorecard metrics for January and...more

Kuwait Power and Water Projects to Flourish Following Publication of PPP Regulations

New PPP Regulations - Further to the publication of the new PPP law in August 2014, the corresponding executive regulations were published in the official gazette on 29 March 2015....more

Obtaining Prop. 1 Water Bond Funds for Water Recycling Projects

The Proposition 1 Water Bond, initially enacted by the state Legislature last August, allocates $625 million toward recycled water projects through the State Water Resources Control Board. The funding is authorized, but how...more

USDA Announces Energy Efficiency And Renewable Energy Grants

On April 22, 2015, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack celebrated Earth Day by announcing that USDA "is providing more than $112 million in loans and grants to help rural communities build and upgrade...more

The Federal Government Continues to Prosecute Royalty Underpayment Claims Under the False Claims Act

Earlier this month, John Walsh, U.S. Attorney for the District of Colorado, announced that upwards of $66,000 had been recovered from Slawson Exploration Company (Slawson) in a settlement for alleged violations under the...more

Saskatchewan Court of Appeal: No Surface Activity Means No Duty to Consult First Nations

In its recent decision in Buffalo River Dene Nation v. Saskatchewan (Energy and Resources), the Court of Appeal for Saskatchewan held that the government was not required to consult the Buffalo River Dene Nation (BRDN) before...more

Pentagon Solicits Advanced Biofuels For The Rocky Mountain/West Coast Program

On April 9, 2015, the Pentagon released the Rocky Mountain/West Coast/Offshore Bulk Fuels Annual Buy (RMW) solicitation for biofuels on the FedBizOpps website. This purchase program supports the goal set by the Secretary of...more

Energy Department to fund low-impact hydropower R&D

The U.S. Department of Energy has announced $7 million in funding for the research and development of advanced low-impact hydropower systems. The Energy Department's competitive solicitation is designed to fund projects that...more

BLM Announces New Hydraulic Fracturing Rules for Oil and Gas Wells on Federal Lands; Industry Trade Associations and the State of...

On March 26, 2015, the U.S. Interior Department's Bureau of Land Management (BLM) published its final rule setting new standards for hydraulic fracturing on onshore federal and Indian lands. The final rule, as published in...more

Virginia offshore wind research lease

The U.S. federal agency responsible for leasing offshore wind sites on the outer continental shelf has executed its first wind energy research lease, giving Virginia's state energy agency the right to pursue the Virginia...more

DOE’s New $55 Billion ESPC Solicitation - A Move from “Show me the Money” to “Share the Money”

On March 23, 2015, the U.S. Department of Energy (DOE) released a Request for Proposals (RFP) for the implementation of energy savings performance contracts (ESPCs) at any U.S. federal government site worldwide. The intent is...more

BLM Issues First Federal Regulations for Hydraulic Fracturing

On Thursday, March 26, 2015, the U.S. Department of the Interior’s Bureau of Land Management (BLM) published in the Federal Register the Final Rule on hydraulic fracturing on federal and Indian lands. The Final Rule sets...more

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