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Energy & Utilities Administrative Agency Construction

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

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

by Steptoe & Johnson PLLC on

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

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

Energy Newsletter - December 2017

by King & Spalding on

Environmental Citizen Suits—A Growing Trend Under the Trump Administration - In his first year in office, President Trump has begun to deliver on his campaign promise of rolling back environmental regulations—from the...more

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...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

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

Legislature Authorizes, But Limits, Water and Sewer Impact Fees

by Smith Anderson on

Controversy and litigation have erupted in North Carolina in recent years with regard to water and sewer impact fees levied by cities and counties on new real estate development. The fees are authorized in "local bill" State...more

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

by McDermott Will & Emery on

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

FERC Grants Extension of Time for Natural Gas Storage Company to Construct Expansion Facilities Over More Than 250 Comments in...

by King & Spalding on

On May 16, 2016, the Federal Energy Regulatory Commission granted Arlington Storage Company, LLC (Arlington) a two-year extension of time to construct a previously authorized underground natural gas storage expansion project....more

SHE Matters - Summer 2015

by DLA Piper on

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

PHMSA Steps Up Review of Pipeline Construction

by King & Spalding on

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

MEPA Climate Change Adaptation and Resiliency Policy Available for Public Comment

by Beveridge & Diamond PC on

The Massachusetts Executive Office of Energy and Environmental Affairs (EEA) is accepting public comments on its proposed draft Massachusetts Environmental Policy Act (MEPA) Climate Change Adaptation and Resiliency Policy...more

Proposed Main Extension Rules May Impact Developers

by Genova Burns LLC on

Developers and other interested parties still have time to submit comments on the State’s proposed regulations on utility main extensions; the deadline is January 30, 2015. The proposed regulations, published in the New...more

Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

by Cozen O'Connor on

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

by Perkins Coie on

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

by BakerHostetler on

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

by K&L Gates LLP on

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

Mind Your Administrative P's & Q's When Rejecting Energy Code Changes

by Cozen O'Connor on

The Court of Appeals of the State of New Mexico handed down a limited win for energy code advocates, holding that adopting changes to building codes that removed energy conservation provisions without any justification...more

Key Energy Tax Provisions Included in ‘Fiscal Cliff’ Legislation

by McDermott Will & Emery on

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 to address the tax rate hikes and expiring tax incentives to avert the “fiscal cliff.” President Obama signed the legislation into law on January...more

EPA Tightens Air Quality Standards for Fine Particles

by Morgan Lewis on

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more

DISPUTE RESOLUTION: Tort Litigation: FERC Denies Marcellus Shale Natural Gas Radon Lung Cancer Risk Claim by Ralph H. Johnson

by King & Spalding on

The Federal Energy Regulatory Commission (FERC) recently rejected claims that radon in Marcellus Shale natural gas would lead to thousands of lung cancer deaths. These claims arose from FERC’s May 21, 2012 grant of a...more

Court Rejects Use Of Alter Ego Doctrine To “Borrow” Contractor License

by Allen Matkins on

California’s Contractors’ State License Law, Business & Professions Code Section 7000 et seq., requires contractors to be licensed unless they are exempt from licensure. Those who perform contracting work without a license...more

Opportunities and Risks in Green Buildings -- Be careful not to overstate certifications and other environmental achievements

Adopting green business practices in a challenging economy may seem like a luxury, but some tactics, such as reducing a commercial building’s energy usage, actually can save money and make a business more competitive....more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

New State Bill to Bring Community-Based Renewable Energy to California

Environmentally minded renters who are unable to install solar panels on their roofs because they don’t own their buildings, will have a new way to take part in the generation of solar power, and benefit as a result, if SB843...more

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