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Energy & Utilities Updates

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

FERC Issues NOI on Natural Gas Pipeline Siting Issues

by Holland & Knight LLP on

At its April 19, 2018 open meeting, the Federal Energy Regulatory Commission (FERC) unanimously voted to open a new Notice of Inquiry (NOI) seeking input on whether, and if so how, it should update its existing policies and...more

Greentree Reservoir (Ouachita County, Arkansas)/404 Permit Application: U.S. Army Corps of Engineers (Vicksburg District) Public...

The United States Army Corps of Engineers (Vicksburg District) (“Corps”) has issued an April 19th public notice referencing an application for an after-the-fact Clean Water Act 404 permit for work conducted in Ouachita...more

Mississippi Underground Storage Tank Act: 2018 Revisions

The 2018 Regular Session of the Mississippi Legislature undertook certain revisions to the Mississippi Underground Storage Tank Act of 1988 (“Act”). The legislation was enacted on March 19th after being approved by the...more

High Octane Fuels and High Efficiency Vehicles – Challenges and Opportunities: Subcommittee on Environment/U.S. House of...

The Subcommittee on Environment of the United States House of Representatives (“Committee”) held a hearing on April 13th titled: High Octane Fuels and High Efficiency Vehicle: Challenges and Opportunities ...more

Proposed Federal Philadelphia Energy Solutions Consent Decree: March 26th Petroleum Motor Fuel Trade Association's Objections

By: Walter G. Wright Category: Arkansas Environmental, Energy, and Water Law Arkansas Environmental, Energy, and Water Law Download PDF Three national trade associations filed with the United States Department of Justice...more

Infrastructure Series: Momentum Builds for Offshore Wind Energy Development in the United States

by WilmerHale on

This is the eighth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Currents - Energy Industry Insights - April 2018 #3

An Interview with Bill Raney, President of West Virginia Coal Association - Nick Preservati, Co-Chair of Spilman's Energy Practice Group, recently sat down with Bill Raney, President of the West Virginia Coal Association...more

Energy Storage Handbook Vol. 2

by K&L Gates LLP on

Designed as a basic primer on what energy storage is, how it is regulated and what sorts of issues are encountered when such projects are financed and developed, the Handbook is intended to highlight the most common...more

Can Natural Gas Drillers Drink Your Milkshake?

by Tucker Arensberg, P.C. on

The fight over the historical concept of the “Rule of Capture” as applied to gas rights in Pennsylvania continued recently as the appellees in the matter of Briggs v Southwestern Energy Prod. Co. recently requested a...more

Safe Drinking Water Act Enforcement: U.S. Department of Justice and Ticonderoga, New York Enter into Consent Decree

The United States Department of Justice (“DOJ”) issued in April 12th news release stating that the Town of Ticonderoga, New York, (“Town”) had entered into a Consent Decree to address alleged Safe Drinking Water Act (“SDWA”)...more

Chapter 15 Update: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan

by Jones Day on

In determining whether a U.S. bankruptcy court should provide the representative of a foreign debtor with various forms of assistance in a case under chapter 15 of the Bankruptcy Code, the court must consider, consistent with...more

Ontario Court of Appeal Clarifies and Reaffirms Dynex: Gross Overriding Royalties and Interests in Land

by Bennett Jones LLP on

In a decision of critical interest to the holders of overriding royalties in the mining and oil and gas sectors, the Ontario Court of Appeal has clarified the test used to determine when a royalty interest constitutes an...more

Multi-Jurisdictional Licensing in the Expanding Solar Industry - Construction and Procurement Law News, Q1 2018

As the solar industry expands into new jurisdictions, developers and contractors seeking to break into a new market should carefully evaluate their risks and opportunities....more

Duke Energy CPRE Program – Tranche 1 RFP Solicitation Update

by Williams Mullen on

On April 4, 2018, Duke Energy Carolinas, LLC’s and Duke Energy Progress, LLC’s (“Duke”) evaluation team (the “Evaluation Team”) and Accion Group, LLC, the Independent Administrator (“IA”) selected to conduct Duke’s...more

Environmental Awards: Arkansas Department of Environmental Quality Announces Finalists for ENVY, TECHe, E2 , and ADEQuest Science...

The Arkansas Department of Environmental Quality (“ADEQ”) issued an April 17th news release announcing the finalists for the Arkansas Environmental Stewardship (“ENVY”) Award, Arkansas Environmental Technology (“TECHe”)...more

Bill 12: Preserving Canada's Economic Prosperity Act

by Bennett Jones LLP on

On April 16, 2018, the Government of Alberta introduced Bill 12: Preserving Canada’s Economic Prosperity Act (Bill 12 or the Act). Bill 12 proposes to give the Alberta Minister of Energy (Minister) sweeping powers to control...more

New Jersey Legislature Establishes Community Solar Program

by Ballard Spahr LLP on

With more than 2,000 megawatts of cumulative solar capacity installed, New Jersey is the nation's fifth-largest solar state, according to the Solar Energy Industries Association (SEIA). New legislation is designed to expand...more

Arkansas Advisory Committee on Petroleum Storage Tanks – April Meeting

As noted in previous blog posts, Arkansas operates a petroleum storage tank trust fund that provides reimbursement for eligible storage tanks for certain corrective actions and third party damage claims due to a release of...more

5 Key Takeaways from FERC’s Recent Energy Storage Order

In February, FERC issued Order 841, Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators (the “Order”), requiring RTOs and ISOs to establish new market...more

Following Ninth Circuit’s Lead, Fourth Circuit Expands CWA Jurisdiction to Groundwater Where “Connection” to Navigable Waters...

Reviving a federal Clean Water Act (“CWA”) lawsuit, the U.S. Court of Appeals for the Fourth Circuit held that that an indirect discharge – such as a discharge to ground water – may fall within the scope of the CWA, if the...more

Tax Reform’s Changes To The Treatment Of Non-Shareholder Contributions To Capital

by Pierce Atwood LLP on

The 2017 tax reform act amended Section 118 of the Internal Revenue Code, to dramatically reduce the ability of a corporation to exclude from its gross income grants that the corporation receives from federal, state, or local...more

Energy Newsletter - April 2018

by King & Spalding on

FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more

FERC Approves CASPR, ISO-NE’s New Forward Capacity Auction

by Pierce Atwood LLP on

On March 9, 2018, the Federal Energy Regulatory Commission (FERC), in a split decision, approved ISO-New England Inc.’s (ISO-NE) proposed tariff revisions to accommodate entry of additional clean energy resources into the...more

Blockchain Energizer – Volume 26

by K&L Gates LLP on

There is a lot of buzz around blockchain technology and it’s potential to revolutionize a wide range of industries from finance and health care to real estate and supply chain management. Reports estimate that over $4.5...more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

April 17 – House Committee on Energy and Commerce Subcommittee on Energy Hearing: Oversight of the Federal Energy Regulatory Commission and the FY2019 Budget - Witnesses: - The Honorable Neil Chatterjee: Commissioner,...more

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