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Administrative Agency Energy & Utilities

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

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

USITC Responds to Trade Representative’s Request to Identify ‘Unforeseen Developments’ That Led to Solar Cell Decision

by Morgan Lewis on

US International Trade Commission’s response to unforeseen developments signals strong administration action on solar cell tariffs....more

California Environmental Law & Policy Update - January 2018 #2

by Allen Matkins on

Focus - Brown administration working to scale down $17 billion Delta tunnels project - The Mercury News - Jan 12 Faced with a shortage of money and political support after seven years of work, Governor Jerry Brown’s...more

Portland's Fossil Fuel Terminal Ban Upheld by Court of Appeals

by Tonkon Torp LLP on

On January 4, 2018, the Oregon Court of Appeals issued its decision[1] in the case brought by Petitioners Columbia Riverkeeper, Portland Audubon Society, and Center for Sustainable Economy, among others, to attempt to uphold...more

Natural Gas Transportation: 2018 FERC Rate Cases Are Expected to Raise Novel Issues

by Morgan Lewis on

Over a half dozen natural gas rate proceedings are expected to be initiated in 2018, many of which will raise issues such as the impact of the new tax laws on rates and the inclusion of a pipeline modernization tracker in...more

FERC Declines DOE-Proposed Resiliency Compensation, Will Review Issue

by Morgan Lewis on

FERC's order refuses to adopt cost-of-service rates for generation with secure on-site fuel supply in organized markets, but leaves open the possibility of future FERC action to address system "resiliency" concerns identified...more

Drilling Down On NAFTA Renegotiations: Energy Sector Primer

by King & Spalding on

During the fifth round of talks regarding the renegotiation of the North American Free Trade Agreement (NAFTA), which were held in Mexico City from November 17-21, 2017, the United States Trade Representative (USTR) published...more

FERC Rejects Department of Energy's Bid for Coal, Nuclear Subsidies

by Holland & Knight LLP on

• The Federal Energy Regulatory Commission (FERC) has voted to terminate a Notice of Proposed Rulemaking stemming from Department of Energy (DOE) Secretary Rick Perry's September 2017 proposal to initiate new pricing rules. ...more

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

FERC Rejects DOE Proposal for Special Compensation for Coal and Nuclear Generators

by Husch Blackwell LLP on

On January 8, 2018, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order terminating the rulemaking proceeding that it established to address DOE Secretary Rick Perry’s proposed Grid Resiliency...more

California Environmental Law & Policy Update - January 2018

by Allen Matkins on

Focus - Trump administration moves to expand oil and gas drilling off U.S. coasts - Los Angeles Times - Jan 4 The Trump administration, inviting a political backlash from coastal state leaders, on Thursday proposed to...more

ML Strategies Outlook for 2018

With the start of a new year, Congress returns to Washington for the second session of the 115th Congress, while President Trump readies for his first State of the Union on January 30, 2018. The legislative agenda for the...more

Mobile Sources (Title II)/Air Enforcement: U.S. Environmental Protection Agency and Curtiss, Wisconsin Refrigeration Transport...

The United States Environmental Protection Agency (“EPA”) and Abbyland Trucking, Inc. (“ATI”) entered into a December 21, 2017, Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Section 203(a)(3)(A)...more

Florida Agencies Reissue Emergency Generator Rules Pending Ratification of Permanent Rules by the Florida Legislature

by Holland & Knight LLP on

The Agency for Health Care Administration and the Department of Elder Affairs have reissued Emergency Rules 59AER17-1 "Nursing Home Emergency Power Plan" and 58AER17-1 "Procedures Regarding Emergency Environmental Control for...more

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

by Pierce Atwood LLP on

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

California Environmental Law & Policy Update - December 2017 #5

by Allen Matkins on

Focus - U.S. EPA officials are leaving in droves - The New York Times - Dec 22 More than 700 employees have left the U.S. Environmental Protection Agency (EPA) since President Trump took office, a wave of departures...more

Arkansas Regional Haze State Implementation Plan Revision: Arkansas Department of Environmental Quality Notice of Data...

The Arkansas Department of Environmental Quality (“ADEQ”) recently announced three items in regards to its previously proposed (October 31st) revision to the Arkansas Regional Haze State Implementation Plan (“SIP”)...more

National Study of Nutrient Removal and Secondary Technologies/Publicly Owned Treatment Works Screener Questionnaire: U.S....

The United States Environmental Protection Agency (“EPA”) issued a December 29th Federal Register notice of an Information Collection Request (“ICR”). See 82 Fed. Reg. 61756....more

Toxics Release Inventory/Community Right-To-Know: U.S. Environmental Protection Agency Final Rule Adopting 2017 North American...

The United States Environmental Protection Agency (“EPA”) issued a December 26th Federal Register notice adopting a final rule addressing Section 313 of the Emergency Plan and Community Right-To-Know Act (“EPCRA”) Toxics...more

Section 311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Transportation Company Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and HollyFrontier Transportation LLC (“HT”) entered into a December 8th Combined Complaint and Consent Agreement (“CA”) addressing an alleged violation of Section 311...more

Shareholder Activism on Climate Is Only Going to Increase

While EPA continues to go backwards on climate, evidence continues to mount that investors are only going to get more aggressive. There were two developments worth noting this month. First, Bloomberg Markets reported that...more

California Environmental Law & Policy Update - December 2017 #4

by Allen Matkins on

Focus - Trump administration halts study of offshore oil inspections - ABC News - Dec 21 The Trump administration has halted an independent scientific study of offshore oil inspections by the Bureau of Safety and...more

Lead and Copper Rule/Drinking Water: December 14th U.S. Environmental Protection Agency Letter Seeking Input on Potential...

The United States Environmental Protection Agency (“EPA”) Office of Water is circulating a December 14th letter to stakeholders seeking input on potential revisions to the Lead and Copper Rule (“LCR”). EPA’s letter states...more

Will Inter Partes Reviews Be Abolished By The Supreme Court?

by Dickinson Wright on

On November 27, 2017, the Supreme Court heard oral arguments in a case that could undermine a key provision in the America Invents Act. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC (Oils States). The issue...more

USITC Remedy Recommendations in Solar Cell Section 201 Investigation on the President’s Desk for Consideration

by Morgan Lewis on

At the end of January 2018, President Trump will decide whether to impose tariffs and quotas on imports of solar cells and modules, as the US solar industry braces for the worst, and continues to lobby against the recommended...more

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