Utilities Sector

News & Analysis as of

Pacific Northwest Utilities Seek Key FERC Declarations Regarding New Regional Market

Two weeks ago, a diverse group of electric industry entities in the Pacific Northwest filed a Petition for a Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to decide issues raised by establishing a...more

Maine considers net metering alternative

The Maine Office of the Public Advocate has proposed a new mechanism to encourage the development of solar energy capacity in the state. Under Maine’s existing law, customers with onsite generation may choose “net energy...more

Revisions to Key Definitions in Virginia Air Pollution Program Add Flexibility

Changes to Virginia’s air program that took effect August 13 offer greater flexibility for manufacturers, electric utilities, and other major sources of air pollutants. These changes reduce the rigidity of two key Virginia...more

California Legislature Boosts Renewables Portfolio Standard to 50 Percent and Increases Energy Efficiency Goals; Balks at...

Following a raucous debate fueled by intense lobbying by environmental organizations and the oil industry, the California Legislature has approved an ambitious plan by Gov. Jerry Brown (D) to boost targets for renewable...more

Liability for Unintentional Bird Deaths Still Up in the Air

The recent Fifth Circuit Court of Appeals decision that unintentional bird deaths under the Migratory Bird Treaty Act (“MBTA”) are not “takes” under the MBTA and therefore not subject to criminal liability, adds fodder to the...more

Arizona Rooftop Solar Regulations Highlight Distributed Generation Debate

Sunny Arizona is again in the middle of a nationwide debate between solar companies and utilities. Legislation adopted in March 2015, and which goes into effect on January 1, 2016, mandate certain disclosures and formats for...more

Solar Power Fights Heat Up

The clash between residential solar companies and utilities continues to heat up in courts and public utility commissions. As solar technology continues to improve, more households are installing rooftop solar systems. ...more

EPA’s Clean Power Plan: A Regional Analysis

EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more

Fifth Circuit Spurns Second and Tenth Circuits, Sides with Eighth and Ninth Circuits on Interpretation of MBTA “Take” Prohibition

Under the Migratory Bird Treaty Act (MBTA), it is unlawful to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird” protected by the Act. 16 U.S.C. 703(a) & 704(a). In a recent...more

Russian Nuclear Official Pleads Guilty in FCPA-Related Case

On August 31, the DOJ announced that Vadim Mikerin, the former president of TENAM Corporation and a director of the Pan American Department of JSC Techsnabexport (TENEX), pleaded guilty to conspiracy to commit money...more

California Groundwater Update: Public Comments Due For Basin Boundary Regulations

As one of many implementation steps under the Sustainable Groundwater Management Act (“SGMA” codified as Water Code §§ 10720 et seq.), basin boundary regulations were released recently by the California Department of Water...more

California PUC Set to Address Handling of Confidential Records

On August 14, 2015 California Public Utilities Commission (CPUC) Administrative Law Judge (ALJ) Rafael Lirag extended the deadline for public comment in the CPUC Confidentiality/Public Records Act rulemaking proceeding. This...more

Walton EMC Prevails in “reconstruction in substantial kind” Georgia Territorial Act Case

A hearing officer of the Georgia Public Service Commission recently decided in favor of Walton EMC in a Territorial Act dispute with Georgia Power over the right to provide electric service to a CVS drugstore in Athens,...more

15 States Seek Stay of Clean Power Plan Compliance Deadlines

Litigation over the Environmental Protection Agency’s (EPA) recently issued “Clean Power Plan” (CPP) has already begun. On August 13, 2015, 15 States (the “States”) filed an emergency petition in the United States Court of...more

9th Circuit Erects Statutory Standing Bar to Appeals Challenging FERC Section 211A Orders

On August 10, 2015, the United States Court of Appeals for the 9th Circuit, in Northwest Requirements Utilities v. FERC, denied several petitions for review of Federal Energy Regulatory Commission (FERC) orders requiring...more

CFTC Extends Comment Period on ICE Futures Rule Certification

The Division of Market Oversight of the Commodity Futures Trading Commission, at the request of ICE Futures U.S., has granted a 45-day extension of the public comment period with respect to its proposed amendments to certain...more

California PUC Reforms California Teleconnect Fund

At a California Public Utilities Commission meeting on July 23, the Commission approved Decision 15-07-007, which restates the program goals of the California Teleconnect Fund (CTF) and implements a series of reform...more

Resources on Clean Power Plan

Yesterday President Obama announced his administration's "Clean Power Plan," the U.S. Environmental Protection Agency's new regulations limiting power plant carbon emissions under Section 111(d) of the Clean Air...more

Energy bills move forward in Congress - Bipartisanship marks initial stage, but difficult debates may lie ahead

The US Senate and House of Representatives have taken significant steps in recent days to advance the first comprehensive energy legislation since the passage of Energy Independence and Security Act of 2007. Much has...more

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

An Oft-Forgotten Detail in Infrastructure Deals – Telecom Licenses

Much of the nation’s infrastructure, from energy to transportation, depends upon telecommunications for safe and efficient operation. The facilities that provide such communications services generally are proprietary...more

The Baker Administration looks to Hydropower to meet GHG goals

The Baker Administration announced on July 9 that it filed a bill for sourcing long-term hydroelectric power in the Commonwealth. Hydroelectric power currently provides a small portion of electricity consumed in...more

Renewable Energy Update - July 2015 #2

Renewable Energy Focus: Los Angeles County supervisors to ban large wind turbines in unincorporated areas - Los Angeles Daily News - Jul 14: After hearing pleas from more than a dozen Antelope Valley residents, the Los...more

Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

457 Results
View per page
Page: of 19

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.