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Energy & Utilities Environmental

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

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

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

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

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

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

Is the Fate Of The Venting And Flaring Rule Up In The Air? Only Time Will Tell…

by Fox Rothschild LLP on

The Bureau of Land Management (“BLM”) announced today that it has temporarily postponed certain requirements contained in its 2016 final Waste Prevention Rule (also known as the Venting and Flaring Rule) for 1 year, until...more

rPET Recycling: Closed Loop Partners Study Addressing System Interventions to Improve Cost Structure

The Association of Plastic Recyclers noted a study undertaken by Closed Loop Partners that addresses recycling system interventions that could reduce the cost of processing post-consumer PET compared to producing virgin...more

Senate’s Tax Bill’s Impact on the Tax Equity Market: Five Differences from the House Bill

The US tax reform bill that the Senate passed on December 2, 2017—along partisan lines in a 51 to 49 vote—is a mixed bag for the tax equity market. The bill is now headed to the conference committee, consisting of House of...more

Pa. DEP Sets Early 2018 for Final Methane General Permits for Oil and Gas Drillers

As part of Governor Wolf’s strategy to reduce methane emissions from oil and gas sites, the Pennsylvania Department of Environmental Protection published draft final permit revisions for the new GP-5A, GP-5 and Exemption 38....more

Environmental Protection Agency Will Not Pursue Financial Assurance Rule for Hardrock Mining

by WilmerHale on

On December 1, the Environmental Protection Agency (EPA) announced that it will not promulgate a final rule requiring hardrock mining facilities (i.e., facilities for the extraction, beneficiation, and processing of metals...more

Polyfluoroalkyl Substances: U.S. Environmental Protection Agency Announces Cross-Agency Effort to Address PFAS

The United States Environmental Protection Agency (“EPA”) issued a December 4th news release stating that it is initiating a “cross-agency effort” to address per and polyfluoroalkyl Substances (“PFAS”). The announcement...more

Arkansas Nutrient Water Quality Trading Advisory Panel: December 14th Conference Call Scheduled

The Arkansas Department of Environmental Quality (“ADEQ”) announced that the Arkansas Nutrient Water Quality Trading Advisory Panel (“Panel”) will hold a telephone conference at 1:30 p.m. on December 14th. ADEQ states the...more

Ozone NAAQS/Clean Air Act: Earthjustice Files Suit Against U.S. Environmental Protection Agency Alleging Violation of Ozone...

The environmental organization Earthjustice filed a Federal District Court lawsuit in the United States District Court for the Northern District of California against the United States Environmental Protection Agency (“EPA”)...more

Pennsylvania DEP Issues New Permits Aimed to Further Regulate Methane Emissions from the Natural Gas Industry

by Steptoe & Johnson PLLC on

On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more

New regulation on environmental impact assessment (Ukrainian)

by Dentons on

On 23 May 2017 the Parliament adopted the Law of Ukraine “On Environment Impact Assessment” (the Law). ...more

New regulation on environmental impact assessment

by Dentons on

On 23 May 2017 the Parliament adopted the Law of Ukraine “On Environment Impact Assessment” (the Law)....more

The Senate’s New Base Erosion Tax: Highlights for Renewable Energy

by McDermott Will & Emery on

On December 2, 2017, the Senate approved its version of the Tax Cuts and Jobs Act. The Senate Bill includes the base erosion and anti-abuse tax, a new tax intended to apply to companies that significantly reduce their US tax...more

Nebraska Approves Route for Keystone Pipeline XL

by King & Spalding on

On November 20, 2017, the Nebraska Public Service Commission (PSC) approved a route for the Keystone XL Pipeline (Pipeline) to pass through Nebraska. Although the approval is a significant milestone for the Pipeline and the...more

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

ADEQ Considers Seeking Primacy for the Clean Water Act 404 and Safe Drinking Water Act Underground Injection Control Programs

by Snell & Wilmer on

On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory...more

Beaver Lake Watershed Guardian Award: Alan D. Fortenberry, P.E. (Beaver Water District) Announced as 2017 Winner

The Beaver Watershed Alliance announced that Alan D. Fortenberry, P.E., has received the 2017 Beaver Lake Watershed Guardian Award (“Award”). Mr. Fortenberry is the Chief Executive Officer of the Beaver Water District....more

California Supreme Court Confirms Certain Groundwater Pumping Charges are Outside Scope of Prop 218

by Downey Brand LLP on

On December 4, the California Supreme Court ruled that groundwater pumping charges levied to fund a basin-wide conservation and management program were not property-related fees subject to Proposition 218. The decision, City...more

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