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Energy & Utilities Updates

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

Court rules in favor of Eclipse in oil and gas lease case

by Bricker & Eckler LLP on

On November 30, 2017, the U.S. Court of Appeals, Sixth Circuit issued an opinion in Eclipse Resources - Ohio, LLC v. Madzia, affirming the lower court’s grant of summary judgment to Eclipse Resources in all respects. ...more

Alberta’s Balancing Pool Confirms Right to Terminate Keephills Power Purchase Agreement

Following ENMAX Energy Corporation’s (ENMAX) successful application to obtain a mandatory injunction against the Balancing Pool of Alberta (as reported in our November 2017 Blakes Bulletin: Alberta Court of Queen’s Bench...more

Window on Washington - Vol. 1, Issue 38

by Clark Hill PLC on

One Shutdown Averted, Countdown Begins Again: With the government funded through December 22, House and Senate leadership are shifting their focus on how to structure a long-term spending deal that would include an increase...more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

Senate Energy and Natural Resources Committee hearing on the “Interior Department’s and Federal Energy Regulatory Commission’s permitting processes for energy and resource infrastructure projects and opportunities to improve...more

Renewable Energy Update - December 2017

by Allen Matkins on

PG&E goes for 165MW of energy storage towards 2024 mandate - Energy Storage News - Dec 6 Investor-owned utility Pacific Gas & Electric (PG&E) has furthered its commitment towards the state’s mandated target for energy...more

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

Bonn Climate Talks Discuss Litigation Trend Linking Climate Change and Human Rights

by King & Spalding on

Climate change has been in the news recently in the wake of the Bonn Climate Talks, which took place between November 6 and 17, 2017. One key take away from the Talks: energy companies must seriously consider potential...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Senate and House Tax Bills Provide Support For Oil And Gas Industry

by Snell & Wilmer on

The tax reform bills that passed the U.S. Senate and House of Representatives may provide a windfall of potential tax benefits and breaks for some oil and gas infrastructure developers and operators. In addition to...more

CPUC Reopens TOU Grandfathering Grace Period Eligibility - Public Agencies Must Submit Application by Dec. 31

by Best Best & Krieger LLP on

The California Public Utilities Commission recently approved a proposal to re-open the application period for public agencies with solar projects under development to qualify for time-of-use rate grandfathering protections....more

FCPA Compliance Report-Episode 361, Don Fischer on export control compliance

by Thomas Fox on

In this episode, I visit with Don Fischer, a San Francisco and Washington, based lawyer who is one of the country’s leading practices dedicated to assisting corporations, universities and research institutions with the...more

Energy Insider Interview Series: Nissa Darbonne – Author of The American Shales, Editor-at-Large for Hart Energy’s Oil and Gas...

1. A few years ago, you wrote The American Shales, which is a history of the American shale plays. What was your motivation for writing the book? Thanks for asking about that. In particular, with Oil and Gas Investor...more

Second Circuit to Expedite Review of Whether NYSDEC Waived Jurisdiction Over Water Quality Certification, After Denying Stay of...

by Beveridge & Diamond PC on

On December 7, the Second Circuit rejected the New York State Department of Environmental Conservation’s (DEC) request for a stay of construction of the Millennium Pipeline Co. LLC’s Valley Lateral natural gas pipeline...more

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

Currents - Energy Industry Insights - December 2017

WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Sustainable Development Update - December 2017

by Allen Matkins on

Sustainable Development Focus - Zero-net energy buildings market to reach $78.8 billion by 2025 - Proud Green Building - Nov 30 Come 2025, the global net-zero energy buildings market will have climbed to approximately...more

With Mugabe's Departure, Should Foreign Investors Reconsider Zimbabwe?

by Jones Day on

The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more

Hardrock Mining Rule: An Industry Win, Environmental Groups Gear Up for Litigation

by Perkins Coie on

The Environmental Protection Agency announced, in a 121-page prepublication decision on December 1, 2017, that it will not issue final regulations under Section 108(b) of the Comprehensive Environmental Response, Compensation...more

Groups work together to create and expand Akron Summit County ESID

by Bricker & Eckler LLP on

The Development Finance Authority of Summit County (DFA), along with Summit County and Akron, Barberton and Coventry Township, teamed up to create and expand the Akron Summit County Energy Special Improvement District (ESID),...more

EPA Issues Final 2018 RFS Requirements

by Bergeson & Campbell, P.C. on

On November 30, 2017, the U.S. Environmental Protection Agency (EPA) issued its final 2018 volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, biomass-based diesel, advanced biofuel,...more

NREL Researchers Optimize Microbial Pathway To Biobased Fuels And Chemicals

by Bergeson & Campbell, P.C. on

On November 29, 2017, the U.S. Department of Energy (DOE) announced that a collaboration between the National Renewable Energy Laboratory (NREL) and Oak Ridge National Laboratory (ORNL) resulted in the successful modification...more

Neste Recognized For Campaign Demonstrating Circular Economy

by Bergeson & Campbell, P.C. on

On December 1, 2017, Neste, a member of BRAG, announced that its Ham Trick (Kinkkutemppu in Finnish) campaign was awarded two prestigious marketing and communications competitions. The Ham Trick, which is a campaign in which...more

Ontario Issues Proposed Amendments In Support Of Biofuels

by Bergeson & Campbell, P.C. on

On November 29, 2017, the Ontario Ministry of the Environment and Climate Change (Ministry) issued proposed amendments to the Ethanol in Gasoline regulation (O. Reg. 535/05) and the Greener Diesel -- Renewable Fuel Content...more

AER Revises Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals

On December 6, 2017, the Alberta Energy Regulator (AER) released a new edition of Directive 067 (New Directive), dealing with the eligibility requirements for acquiring and holding energy licences and approvals in Alberta....more

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