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Akin Gump Strauss Hauer & Feld LLP

Update: Policies at Cross-Purposes: U.S. Trade Policy Creates Cloudy Picture for Rapid Deployment of Solar Energy

The Biden administration has made the deployment of solar energy a key component of its plans to battle climate change. From utilities to investors to installers, deploying solar energy at such a broad scale presents a number...more

Goldberg Segalla

Supreme Court Requires Specific Congressional Authorization For Regulations That Give Federal Agencies “Extravagant” Power Over...

Goldberg Segalla on

As regular readers of this blog know, we have been keeping tabs on the Supreme Court’s review of West Virginia v. Environmental Protection Agency, a case addressing how broadly executive agencies can interpret the legislation...more

Burr & Forman

Supreme Court Says EPA Went Too Far on Regulating Climate Change

Burr & Forman on

On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more

Manatt, Phelps & Phillips, LLP

Justices Limit EPA Greenhouse Gas Emissions Regulation, Stop Short of What Observers Hoped/Feared

The Supreme Court severely limited the U.S. Environmental Protection Agency's (EPA) asserted authority to regulate greenhouse gases from existing emission sources such as coal-fired power plants. While devastating to EPA's...more

Dechert LLP

Five-Year Long Consultations on Modernization of the Energy Charter Treaty Conclude with Agreement in Principle

Dechert LLP on

On June 24, 2022, the Contracting Parties to the Energy Charter Treaty (“ECT” or “Treaty”) reached an Agreement in Principle on the Modernization of the ECT (“Modernization Agreement”). Once approved at the Energy Charter...more

Dentons

The draft conversion regulations – Assessing the requirements for renewal of expiring oil mining leases

Dentons on

Introduction - Since the enactment of the Petroleum Industry Act in 2021 which became effective on 16 August 2021 (“PIA”), the Nigerian Petroleum Industry (the “Industry”) stakeholders have continued to consider the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy System/Access Road: Massachusetts Appellate Court Addresses Zoning Issue

The Supreme Judicial Court of Massachusetts (“Court”) addressed in a June 2nd Opinion application of the City of Waltham, Massachusetts, (“Waltham”) zoning code to the construction of a solar energy system. See 2022 WL...more

Brownstein Hyatt Farber Schreck

The Supreme Court Overturns the Clean Power Plan—Analysis and Key Takeaways

Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more

Clark Hill PLC

FERC Proposes Major Interconnection Reforms to Facilitate Renewable Energy Growth

Clark Hill PLC on

On June 16, the Federal Energy Regulatory Commission (FERC) issued a proposed rulemaking designed to update key aspects of its pro forma interconnection procedures. FERC designed these reforms “to address interconnection...more

Sheppard Mullin Richter & Hampton LLP

A Quick Guide to EV Charging Infrastructure Funding and Incentives in California

The 2021 Infrastructure Investment and Jobs Act (IIJA) provided $1.2 trillion in federal funding for infrastructure, including approximately $384 million to support California EV infrastructure through the National Electric...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Updates — July 2022

Democrats Continue Push for Revised Build Back Better Act - With the window for action on a revised reconciliation bill to address Democratic climate and social policy goals quickly closing, Senate Majority Leader Charles...more

Sheppard Mullin Richter & Hampton LLP

Lawmakers and Regulators Examine Role of Blockchain Technology in Energy Transitions

U.S. state and federal lawmakers, as well as federal regulators, are increasingly focusing on the role of blockchain and distributed ledger technology (“DLT”) in ongoing efforts to combat climate change and to facilitate the...more

Vinson & Elkins LLP

[Hybrid Event] ESG-Related Trends in Executive Compensation - July 13th, Dallas, TX

Vinson & Elkins LLP on

This presentation will focus on ESG-related trends in executive compensation within the energy industry, including the prevalence of ESG metrics in determining compensation, the types of metrics used and how those metrics are...more

McGuireWoods LLP

White House Launches Federal-State Offshore Wind Partnership to Supercharge Production by 2030

McGuireWoods LLP on

The White House announced a partnership on June 23, 2022, with 11 East Coast states to accelerate the growth of the United States’ offshore wind industry. The Biden administration offered the partnership to strengthen...more

Holland & Knight LLP

Emite SJCN de México jurisprudencia sobre permisos otorgados por la CRE

Holland & Knight LLP on

La Suprema Corte de Justicia de la Nación (SCJN) de México publicó en el Semanario Judicial de la Federación la tesis de jurisprudencia 1a./J.83/2022 (11a.)  (Jurisprudencia) el 17 de junio de 2022. Este criterio establece...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - June 2022

[co-author: Leila Fleming] Despite the Senate being in recess and the House in a district work period, climate policy developments have continued. Last week, President Biden, along with 11 governors, launched a...more

Morgan Lewis

White House Partnership Aims to Speed Up Construction of Offshore Wind Farms

Morgan Lewis on

Another boost to the growing US offshore wind industry came on June 23, 2022, when the Biden-Harris administration and several cabinet secretaries announced new initiatives, including a partnership with 11 eastern states...more

Foley Hoag LLP - Energy and Cleantech Counsel

FERC Approves ISO-New England’s Implementation of Capacity Market Design Changes and MOPR Elimination

On Friday, May 27, 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving ISO-New England’s proposed tariff revisions, which phase out the ISO’s minimum offer price rule (MOPR) by 2024...more

Sheppard Mullin Richter & Hampton LLP

Is the U.S. solar industry ready to prove its panels aren’t made with Uyghur forced labor?

The U.S. photovoltaic (PV) industry, solar module suppliers, manufacturers, and renewable energy developers are facing new regulatory challenges with the implementation of new legislation which has a significant impact on...more

(ACOEL) | American College of Environmental...

Improving EPA's Latest Ozone Transport Rule

EPA’s latest proposed rule targeting NOx emissions from fossil-fueled electric generating units (EGUs) is a classic study of diminishing returns. It marks the seventh round of NOx controls for the EGU sector since 1990. The...more

Saul Ewing Arnstein & Lehr LLP

How the New Chicago Air Conditioning Ordinance Affects Condominium Associations

​A new City of Chicago Ordinance requires that condominium associations and other highrise residential buildings provide relief for residents during extreme heat events....more

Troutman Pepper

Summary of FERC Interconnection NOPR

Troutman Pepper on

On June 16, FERC issued a Notice of Proposed Rulemaking (NOPR) focused on updating procedures for interconnecting large generating facilities (20MW and above) and small generating facilities (under 20MW). The NOPR proposes...more

Blake, Cassels & Graydon LLP

Alberta Utilities Commission Issues Decision Confirming Scope of Module C Decision on Line Losses

In its recent decision (27048-D01-2022), the Alberta Utilities Commission (AUC) confirmed the scope and nature of its previous Module C decision, which was part of protracted regulatory and court proceedings relating to...more

Brownstein Hyatt Farber Schreck

Change is Afoot: EPA Revisiting Section 401 Program

More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more

Cozen O'Connor

Cozen Currents: Are Republicans Able to Have Trumpism Without Trump?

Cozen O'Connor on

The Cozen Lens- •Governor Ron DeSantis (R-FL) is running for reelection this year. But all eyes are on what he does two years later, as DeSantis presents the most formidable challenge to a third presidential election cycle...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
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  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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