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

Air Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Steel Tire Cord Manufacturing Facility...

The Arkansas Department of Environmental Quality and Tokusen U.S.A., Inc. (“TI”) entered into a November 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-099. The CAO...more

California Environmental Law & Policy Update - December 2017

by Allen Matkins on

Focus - Groups file lawsuit to undo Trump administration’s approval of Cadiz project - San Bernardino Sun - Nov 28 Three conservation and health safety groups on Tuesday filed a lawsuit in federal court challenging the...more

US: Supreme Court hears argument on constitutionality of inter partes review

by Hogan Lovells on

On November 27, 2017, the Supreme Court heard oral arguments in a case that will determine the constitutionality of inter partes review, a proceeding before the United States Patent and Trademark Office’s Patent Trial and...more

FERC Enforcement Releases 2017 Annual Report

• On November 16, 2017, the Federal Energy Regulatory Commission released its 11th annual Report on Enforcement, detailing the agency’s Enforcement activities in 2017. • Key highlights are that Enforcement priorities were...more

FERC Ramps Up Investigations Amid Leadership Change

by WilmerHale on

On November 16, 2017, the Office of Enforcement (OE) at the Federal Energy Regulatory Commission (FERC or the Commission) released its annual Report on Enforcement. The report contains data on investigative and enforcement...more

Arkansas Environmental Personnel Moves (Update): Former Arkansas Department of Environmental Quality Director Teresa Marks,...

Former Arkansas Department of Environmental Quality (“ADEQ”) Director Teresa Marks is now serving as Chief Deputy Director of the California Department of Pesticide Regulation (“DPR”). Ms. Marks was appointed to the...more

Centuries of Precedent are Little Help as IPR Constitutionality Divides Justices

by Robins Kaplan LLP on

This morning the Supreme Court heard arguments in the heavily anticipated case of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC on the question of whether AIA trials at the patent office, such as inter partes...more

Underground Storage Tank Enforcement: Arkansas Pollution Control and Ecology Commission Administrative Law Judge Order Addressing...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge (“ALJ”) Charles Moulton issued a November 15th Order addressing a Notice of Violation (“NOV”) by the Arkansas Department of Environmental Quality...more

California Environmental Law and Policy Update - November 2017 #3

by Allen Matkins on

Focus - High-speed rail authority says environmental reviews won't be completed until 2020 - Los Angeles Times - Nov 15 The California High-Speed Rail Authority announced Tuesday evening that it would not meet its...more

2017 FERC Report on Enforcement

by PretiFlaherty on

Federal regulators of U.S. energy markets and infrastructure described an increase in litigation activities in the most recent fiscal year. According to the eleventh annual Report on Enforcement issued by the Federal Energy...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Pangburn, Arkansas Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Pangburn, Arkansas (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged Clean Water Act National Pollution Discharge...more

U.S. EPA Environmental Appeals Board: Fairhaven, Massachusetts Petition Challenging NPDES Permit Nitrogen Limit

The Town of Fairhaven, Massachusetts (“Fairhaven”) filed an October 27th Petition for Review before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”). Fairhaven is challenging...more

Senate Confirms David Zatezalo to Head MSHA

By a vote of 52-46, on November 15, 2017, the United States Senate confirmed David G. Zatezalo to be the new Assistant Secretary for Mine Safety and Health. Zatezalo takes the position last held by Joseph A. Main, former...more

Voluntary Disclosure/Multi-Media Enforcement: U.S. Environmental Protection Agency and Clean Energy Production Company Enter into...

The United States Environmental Protection Agency (“EPA”) published a Notice in the Federal Register announcing a Consent Agreement (“CA”) with ENEL Green Power North America, Inc. (“EGP”) resolving alleged violations of...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Courts Stay Pipeline Construction

In the past week, the D.C. Circuit and Second Circuit have stayed pipeline construction on the Atlantic Sunrise and Valley Lateral Projects, respectively, following challenges to FERC orders allowing the projects to proceed. ...more

Storage Tank Enforcement: U.S. Environmental Protection Agency and Oswego, New York Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Figaro Holdings, LLC (“FH”) entered into a November 1st Expedited Settlement Agreement (“ESA”) addressing alleged violations of Subtitle I of the Resource...more

U.S. Environmental Protection Agency Science Advisory Board/Board of Scientific Counselors: Arkansas Department of Environmental...

The Arkansas Department of Environmental Quality (“ADEQ”) announced in a November 3rd news release that its Chief Technical Officer, Dr. Robert Blanz, P.E., has been appointed to serve on two prestigious United States...more

Draft FY 2018 – 2022 EPA Strategic Plan: October 31st Association of Air Pollution Control Agencies Comments

The Association of Air Pollution Control Agencies (“AAPCA”) submitted October 31st comments on the United States Environmental Protection Agency’s (“EPA”) Draft FY 2018 – 2022 Strategic Plan (“Plan”). EPA states the Plan...more

California Environmental Law and Policy Update - November 2017

by Allen Matkins on

Focus - White House receives recommendations that could open national marine sanctuaries to oil drilling - San Jose Mercury News - Oct 27 Six months after President Donald Trump signed an executive order aimed at...more

Senate Confirms FERC Nominees Mcintyre And Glick

by Pierce Atwood LLP on

The U.S. Senate has confirmed the nominations of Kevin McIntyre as FERC Chairman and Richard Glick...more

California Environmental Law and Policy Update - October 2017 #3

by Allen Matkins on

Focus - Santa Clara Valley Water District rejects twin Delta tunnels plan, endorsing smaller version instead - San Jose Mercury News - Oct 17 - In a landmark vote closely watched across California, the Santa Clara Valley...more

Ending Collusion between EPA and Outside Groups

by Stoel Rives LLP on

EPA Administrator E. Scott Pruitt begins his October 16, 2017, directive on transparency and public participation in consent decrees and settlement agreements by stating, “EPA has previously sought to resolve lawsuits filed...more

EPA Opens Public Comment Period for Its Clean Power Plan “Repeal” Proposal

by Morrison & Foerster LLP on

On October 10, 2017, the Trump Administration took another step in its efforts to unwind U.S. climate change policy. The announcement presented little surprise and provided little substance as it provided limited additional...more

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