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Energy & Utilities Environmental

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

Clean Energy/Cities: 2017 Sierra Club Case Study/Report

The Sierra Club has issued a case study report (“Report”) titled: Cities Are Ready for 100% Clean Energy - The Report identified 10 United States cities that have made commitments to be powered with 100% renewable...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

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

How viable is hybrid energy in remote mining locations?

by DLA Piper on

Providing remote mining locations with a reliable and cost-effective energy source is an ongoing challenge, but technology may be on hand to provide an alternative solution. ...more

Bay Area Air Quality Management District Sets Stringent New Standards for Toxic Air Emissions at Bay Area Facilities

by Downey Brand LLP on

On November 15, 2017, the Bay Area Air Quality Management District (“BAAQMD”) adopted sweeping new standards to reduce toxic air contaminant (“TAC”) emissions from existing stationary sources. The new rule, Regulation 11 Rule...more

Grain, Ethanol Industry Send Letter To U.S. Trade Representative On Brazil Ethanol Tariff

by Bergeson & Campbell, P.C. on

On November 14, 2017, the Governors' Biofuels Coalition announced that grain and ethanol industry stakeholders, including the U.S. Grains Council, the Renewable Fuels Association (RFA), and Growth Energy, sent a letter to...more

Neste Announces Collaboration With American Airlines

by Bergeson & Campbell, P.C. on

On November 13, 2017, Neste, a member of BRAG, announced it has entered into an agreement with American Airlines to explore opportunities to reduce the airline’s environmental footprint. To achieve this goal, the companies...more

EPA Close To Issuing In Final 2018 And 2019 Renewable Fuel Standard Volumes

by Bergeson & Campbell, P.C. on

On October 31, 2017, the U.S. Environmental Protection Agency (EPA) sent its final rule to set the Renewable Fuel Standard (RFS) volumes for 2018 and 2019 to the U.S. Office of Management and Budget (OMB) for review. Under...more

DOC Announces Affirmative Final CVD Determination For Argentina And Indonesia

by Bergeson & Campbell, P.C. on

On November 9, 2017, the U.S. Department of Commerce (DOC) issued affirmative final determinations in the countervailing duty (CVD) investigations of imports of biodiesel from Argentina and Indonesia. Following a nine month...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

LUPC Proposes New Rules Allowing Grid-Scale Solar Facilities

by Pierce Atwood LLP on

Responding to increasing interest in developing grid-scale solar farms in Maine’s unorganized territory, the Land Use Planning Commission (LUPC) yesterday proposed a rulemaking to allow development of grid-scale solar energy...more

Add Batteries to Your Wind Farm and Get More (ITC) Juice

by McDermott Will & Emery on

A battery storage system added to a pre-existing wind facility is eligible for the investment tax credit, even if the facility has claimed the production tax credit. This is good news for taxpayers considering adding...more

Drinking Water/2018 Farm Bill: American Water Works Association Recommendations

A key United States Congressional endeavor in 2018 will be the reauthorization of the Farm Bill. The American Water Works Association (“AWWA”) noted in a November 8th news release its interest in ensuring that the Farm...more

Stormwater/Solar Photovoltaic Facilities: November 10th Blog Post Discusses Potential Issues

A November 10th blog post by Kennedy/Jenks Consultants discussed potential stormwater management issues associated with solar photovoltaic (“PV”) facilities. Their post discusses what they describe as: . . . the unique...more

Variances Under the Clean Water Act/New Developments in the Use of an Old Tool: Jordan Wimpy (Mitchell Williams) Arkansas...

Jordan P. Wimpy undertook a presentation at the Arkansas Environmental Federation’s annual Convention and Trade Show titled: Variances Under the Clean Water Act – New Developments in the Use of an Old Tool...more

Renewable Energy in the Asia-Pacific Fourth Edition

by DLA Piper on

DLA Piper is proud to release the 4th edition of Renewable Energy in the Asia-Pacific. This publication is an ambitious task, seeking to capture the key renewable energy market highlights across the vast Asia-Pacific region,...more

Coming Soon to a Northeast or Mid-Atlantic State Near You: Regulations on Carbon Emissions From Transportation

On November 13, 2017, eight states in the Transportation Climate Initiative issued a joint statement pledging to pursue regional solutions to GHG emissions from transportation. The statement does not identify any specific...more

Underground Storage Tanks/Airport Hydrant Systems: U.S. Environmental Protection Agency Addresses Question Regarding Aviation Fuel...

The United States Environmental Protection Agency (“EPA”) periodically updates a “Compendium” which addresses revisions to the Resource Conservation and Recovery Act, Subtitle I, Underground Storage Tank (“UST”)...more

California Environmental Law and Policy Update - November 2017 #2

by Allen Matkins on

Focus - Court invalidates South Coast Air District ozone rule - Los Angeles Times - Nov 8 - A Los Angeles County Superior Court judge has ruled that the South Coast Air Quality Management District board violated...more

Ready or Not? Now’s the Time to Get Your Oil Spill Management Team OSPR Certification

by Stoel Rives LLP on

The California Office of Spill Prevention and Response (“OSPR”), within the Department of Fish and Wildlife, has been tasked with new responsibilities related to oil spill response. Assembly Bill 1197 (“AB 1197”), which was...more

Lights Out For The Clean Power Plan

by Bryan Cave on

On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains - Update

by Morgan Lewis on

The North American Electric Reliability Corporation (NERC) recently petitioned the Federal Energy Regulatory Commission (FERC) to approve its proposed “Reliability Standards” addressing cybersecurity risks in critical...more

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