Energy Policy Act

News & Analysis as of

FERC Enforcement Releases 2016 Annual Report

On November 17, 2016, the Federal Energy Regulatory Commission’s (FERC or “Commission”) Office of Enforcement (“Enforcement”) released its annual Report on Enforcement (the “2016 Report”). This year’s report is the 10th such...more

FERC Proposes Changes to Interstate Oil Pipeline Index Ratemaking and Cost and Revenue Reporting

The Federal Energy Regulatory Commission (FERC) has issued an Advance Notice of Proposed Rulemaking (ANOPR). This ANOPR is seeking comments on potential changes to FERC’s policies for evaluating interstate oil pipeline...more

Court Rules BLM Had No Authority To Regulate Fracking On Federal and Native American Lands

In March 2015, the Bureau of Land Management (“BLM”) issued regulations applying to hydraulic fracturing on federal and Indian lands. 80 Fed. Reg. 16,128–16,222 (Mar. 26, 2015) (the “Fracking Rule”). The states of Wyoming,...more

Wyoming Federal Court Strikes Down BLM Fracking Rule

U.S. District Court Judge Scott Skavdahl in State of Wyoming et al v. U.S. Department if Interior et al. struck down Bureau of Land Management regulations applying to hydraulic fracking on federal and Indian lands. He...more

Administration Signals Intent to Challenge Judicial Decision That Struck Down Fracking Rule as Unlawful

On June 24, the Obama Administration filed its notice of appeal to challenge last week’s federal court decision to strike down the newest regulation over hydraulic fracturing on federal and Indian lands by the Bureau of Land...more

Court Strikes Down BLM Hydraulic Fracturing Rule

US District Court rejects US Bureau of Land Management’s rule regarding hydraulic fracturing operations on federal and Tribal lands. On June 21, 2016, the US District Court for the District of Wyoming (District Court)...more

NEPA Does Not Require An Agency To Guarantee Project Compliance with Environmental Laws

In an interesting decision last week, the 9th Circuit Court of Appeals rejected challenges to BLM’s decision to issue a right-of-way permit for Tule Wind’s plan for a wind farm southeast of San Diego. It’s not exactly...more

Long-Awaited Decision is a Mixed Result for Litigants Battling FERC Enforcement Actions in Federal Court

Individuals and organizations litigating the imposition of civil penalties by the Federal Energy Regulatory Commission (“FERC” or “Commission”) under its anti-manipulation authority in federal court received another opinion...more

FERC to examine competitive transmission incentives

The Federal Energy Regulatory Commission has scheduled a Commissioner-led technical conference for this summer to discuss issues related to competitive transmission development processes. At issue will be the use of cost...more

Latest Renewal of the Production Tax Credit Could Spark Development of Wind Farms (at Least in the Short Term)

The Consolidated Appropriations Act of 2016, which passed through Congress and was signed into law last month, included the latest iteration of the Production Tax Credit (PTC) for renewable generating resources. The PTC was...more

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more

FERC 2015 report on demand response, advanced metering

Staff of the Federal Energy Regulatory Commission have released their tenth annual report on demand response and advanced metering. The FERC staff report, 2015 Assessment of Demand Response and Advanced Metering, provides an...more

Section 242 hydroelectric incentive program funding

For the first time, the U.S. Department of Energy has funding for its Section 242 hydroelectric incentive program. The program, arising from Section 242 of the Energy Policy Act of 2005, provides incentive payments for...more

2016 Regulatory Forecast: Environmental & Energy Policy

Looking ahead to 2016, federal environmental and energy policies will continue to have a significant impact on businesses across many sectors. That impact will be particularly pronounced as the current Administration...more

FERC Issues Annual Enforcement Report

The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015. On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more

Supreme Court Hears Arguments on FERC Demand Response Policy

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Secret Recipes: Fracking Fluid Fracas

Several of our previous posts have covered the trade secrets implications of laws that require disclosure of hydraulic fracturing fluid ingredients. As today’s method of hydraulic fracturing combined with horizontal drilling...more

Pencils Up: Industry Has Opportunity to Make Its Voice Heard on New Biofuel Targets

On May 29, 2015, the U.S. EPA proposed long-delayed biofuel targets for 2014 and 2015 through the renewable fuel standard (RFS) program, and issued a proposal setting the mandates for 2016. EPA released this proposal as part...more

What a Shock?! Nebraska’s Early Challenge to EPA’s Clean Power Plan Is Dismissed

Opponents of EPA’s Clean Power Plan have not been willing to wait until a final rule has been promulgated before challenging EPA’s authority. On Monday, Nebraska’s challenged was dismissed – not surprisingly – as premature....more

Cybersecurity, solar energy and the electric grid

A group of Russian hackers claims to have identified security gaps in widely-used solar panel monitoring software. The monitoring platform's developer is said to be fixing the gaps -- but can hackers damage the electric...more

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

REGULATORY: D.C. Regulatory: FERC Investigations in the Wake of D.C. Circuit’s Hunter Ruling

On March 15, the D.C. Circuit Court of Appeals dealt the Federal Energy Regulatory Commission (“FERC”) a major setback in its enforcement efforts by ruling that FERC had encroached on the exclusive jurisdiction of the...more

FERC Lacks Authority To Regulate Natural Gas Futures Contracts, D.C. Circuit Rules

The U.S. Court of Appeals for the D.C. Circuit decided today that the Commodity Futures Trading Commission (CFTC) has exclusive jurisdiction over all transactions involving commodity futures contracts and that the Federal...more

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