News & Analysis as of

Municipalities Utilities Sector

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Davis Wright Tremaine LLP

N.Y. Public Service Commission Approves Pole Attachment Rental Rate Increase for Municipally Owned Utilities

The New York Public Service Commission ("Commission") entered an Order this month authorizing municipally owned electric utilities to significantly increase the annual rental rates charged to cable system operators and...more

Foley Hoag LLP

DOER’s Updated Stretch Code – A Breakdown of the Changes and the New Opt-in Net Zero “Specialized Code”

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Massachusetts will soon see significant updates to the energy codes that govern the construction and alteration of buildings throughout the Commonwealth. As required by the 2021 climate bill, the Massachusetts Department of...more

Foley Hoag LLP - Environmental Law

DOER Issues an Updated Stretch Code – Are Net-Zero Energy Buildings Really Coming Soon?

Massachusetts will soon see significant updates to the energy codes that govern the construction and alteration of buildings throughout the Commonwealth.  As required by the 2021 climate bill, the Massachusetts Department of...more

Williams Mullen

[Webinar] Virginia Solar & Energy Storage 2022 Legislative Update - March 31st, 11:00 am - 11:30 am ET

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The Virginia General Assembly passed several important pieces of legislation affecting the solar and energy storage industry during its 2022 legislative session... join us on Thursday, March 31, from 11:00 – 11:30 am (ET) for...more

Davis Wright Tremaine LLP

SCOTUS Denial of Certiorari in City of Portland v. FCC Renders Effective FCC's Rulings on Access to Municipal Utility Poles and...

On June 28, 2021, the U.S. Supreme Court denied the petition for certiorari filed by consortiums of various municipal governments and associations seeking to overturn the Ninth Circuit's decision in City of Portland v. FCC,...more

Holland & Knight LLP

City of Boston Releases Draft Emissions Performance Standard Policy

Holland & Knight LLP on

The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more

Obermayer Rebmann Maxwell & Hippel LLP

To Sell or Not to Sell: Now a Common Question for Pennsylvania Townships

The COVID-19 pandemic has caused companies, individuals and municipalities to even more closely examine their budgets and services to determine how they can reduce compliance risks, operating expenses and future capital...more

Snell & Wilmer

Management Plan Work Group Offers Public Opportunity to Develop Water Policies

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Arizona’s 1980 Groundwater Code offers a unique opportunity for the public to get involved in shaping water policy through the process of adopting management plans for the Active Management Areas (“AMAs”). The process is...more

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

Morgan Lewis on

The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

Snell & Wilmer

EPA Catches Up On PFAS

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If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

92nd Arkansas General Assembly/SB 289: Municipal Jurisdiction Over Utilities

Senate Bill 289 has been introduced which would amend certain provisions of Chapter 200 (Municipal Authority Over Utilities) of the Arkansas Code. The bill’s sponsors include: Senator Jane English (North Little Rock) -...more

Perkins Coie

Supreme Court To Decide If CEQA Review Is Required For Well Permits.

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The Supreme Court of California has granted review of two cases to resolve a split among courts of appeal over whether the issuance of well permits pursuant to state standards is subject to CEQA. California Water Impact...more

Miles & Stockbridge P.C.

Local LU&Z Preempted in the Solar Field

Miles & Stockbridge P.C. on

On a day yielding no sunshine, but rather the first snow of the winter season in parts of Maryland, the Maryland Court of Special Appeals reissued its decision in Board of County Commn. of Washington County v. Perennial...more

Best Best & Krieger LLP

Statutory Authority to Adopt Fees Negates Any Potential State Mandate Funding - California Appellate Court Finds There is No State...

Local agencies that provide water service may impose fees to recover the costs of providing water services. Unlike taxes, which require voter approval prior to adoption, water fees are approved by a local agency’s legislative...more

Best Best & Krieger LLP

New Restrictions on Residential Water Service Discontinuation in California - SB 998 Will Require Written Policies, Detailed...

There will be new restrictions on residential water service discontinuation when customers are delinquent in paying their water bills under Senate Bill 998, signed last week by California Gov. Jerry Brown. The legislation...more

Best Best & Krieger LLP

Transfer Of Electric Utility Revenues To City’s General Fund Is Not A Tax Under Proposition 26 - Supreme Court Reverses Court Of...

A city’s annual budgetary transfer from its electric utility to its general fund, referred to as a payment in lieu of taxes and known as PILOT, is an electric utility cost and not an exaction subject to Proposition 26, the...more

Best Best & Krieger LLP

New Filing Deadline for JPAs Approaches - JPAs Providing Municipal Services Must File with LAFCOs by July 1

The Senate Bill 1266-imposed deadline for joint powers agencies and joint powers authorities to file their joint powers agreements and any amendments with the LAFCO in each applicable county is approaching. JPAs formed prior...more

Downs Rachlin Martin PLLC

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017

The Agency of Transportation has submitted a proposal to the House Transportation Committee that would allow the agency to seek damages from a utility that fails to move or adjust a utility line that is in a state or local...more

Hogan Lovells

Projects and Energy Weekly Snippets

Hogan Lovells on

Weekly projects and energy updates in South Africa - Five municipalities in Eskom cut-off reprieve - The municipalities have set up payment plans after the national power utility caused an uproar by threatening...more

Best Best & Krieger LLP

SB 1266’s New Filing Requirements Apply Only to JPAs Providing Municipal Services

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Failure to file will preclude JPAs from issuing bonds or incurring indebtedness - Gov. Jerry Brown recently signed into law Senate Bill 1266, which will require joint powers agencies and joint powers authorities that...more

Troutman Pepper

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

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While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

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The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Robinson+Cole RLUIPA Defense

Sewer Connection Must Be By The Least Restrictive Means

Barbara L. Yoder and Joseph I. Yoder (“Owners”) own a home in Sugar Grove Township, Pennsylvania (“Township”), which has a mandatory sewer connection ordinance (the “Ordinance”), requiring connection to the Sugar Grove Area...more

Dickinson Wright

[Event] Agribusiness Expansion Impacts on Wastewater Utilities: How to Plan and Support a Successful Project - Jan. 27th, Grand...

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TECHNICAL AND ENGINEERING ISSUES FOR CONSIDERATION WHEN ASSESSING PROJECT VIABILITY David Filipiak and Wayne Langeland, Fishbeck, Thompson, Carr & Huber, Inc....more

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