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Environmental Energy & Utilities Antitrust & Trade Regulation

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

Covenant Not to Compete/Landfill Gas Services: Federal Court Addresses Request for Preliminary Injunction

Like many service industries, conflicts sometimes arise between competitors in the environmental service industry segments. A federal district court, Western District, North Carolina (“Court”) addressed in a September 29th...more

Renewable Energy Update - December 2017

by Allen Matkins on

PG&E goes for 165MW of energy storage towards 2024 mandate - Energy Storage News - Dec 6 Investor-owned utility Pacific Gas & Electric (PG&E) has furthered its commitment towards the state’s mandated target for energy...more

U.S. Trade Commission Finds Domestic Injury from Foreign Solar Imports

by Foley & Lardner LLP on

In a ruling highly anticipated and hotly debated in the solar industry, the U.S. International Trade Commission determined in a unanimous 4-0 decision today that foreign imports of solar modules caused “serious injury” to...more

ITC Decision Could Cloud Outlook for Solar Project Developers

by Jones Day on

A recent decision by the U.S. International Trade Commission ("ITC") could have long-term consequences for the U.S. solar industry. On September 22, 2017, the ITC found, by a vote of 4-0, that rising imports have caused...more

Remedy Phase Begins after ITC Finds that Imports Injured US Solar Industry

Today the US International Trade Commission (ITC) issued a unanimous decision under Section 201 of the Trade Act of 1974 that imported solar panels are the “substantial cause” of serious injury or the threat of serious injury...more

ITC Holds Section 201 Hearing on Solar Imports

On August 15, 2017, the US International Trade Commission (ITC) held a hearing to consider whether solar panels are being imported in such increased quantities that they are the “substantial cause” of serious injury or the...more

ITC Opens Section 201 Investigation of Imported Solar Cells

On May 23, 2017, the US International Trade Commission (ITC) initiated an investigation in response to Suniva Inc.’s recent petition under Section 201 of the Trade Act of 1974. As noted in our alert earlier this week, Suniva...more

Getting the Deal Through: Gas Regulation 2017

by Dentons on

Two of our lawyers recently co-authored the Global Overview of Getting the Deal Through: Gas Regulation 2017. Dentons' lawyers also authored the Mexico and United Kingdom chapters. This publication provides expert local...more

THE LATEST: FTC Determines Behavioral Remedies are Sufficient to Fix Offshore Natural Gas Pipeline Overlap

by McDermott Will & Emery on

The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation...more

State aid: The European Commission approves support measures for renewable energy in France

by White & Case LLP on

On 17 August 2015, the French Parliament enacted the "Law on energy transition and on green growth" in order to bring the French renewable energy support model in line with the Commission's 2014 Guidelines on State Aid for...more

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

by WilmerHale on

On June 21, 2016, the Federal Trade Commission (FTC) held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.” Beyond exploring a wide...more

Will network charges encourage the installation of residential batteries?

by DLA Piper on

It remains to be seen what impact batteries will have on the operation of Australia’s electricity networks. They may become an integral part of those networks, could be used as a substitute for those networks and may...more

North Carolina Rejects Third-Party Sales of Solar-Generated Electricity

The North Carolina Utilities Commission recently ruled that third-party sales of solar-generated electricity violate state law. The Commission rejected a test case brought by an advocacy group seeking to legitimize such...more

Competition and Regulation Update: Storage in the National Electricity Market - Is the Grid Moving In?

by DLA Piper on

Electricity storage at or above household scale will likely become economic within the next few years, as the cost of batteries come down and generous feed in tariffs slowly expire. Australia could be one of the world's...more

Focus on Regulatory Law - March 2015

by McDermott Will & Emery on

REGULATORY AUTHORITIES - FRENCH COMPETITION AUTHORITY – TDF fined for anti-competitive practices: In a 2009 opinion issued at the request of the French regulator for electronic and postal communications (ARCEP)...more

Analysis: Vote is "Affirmative" in USITC's Final Determination of Injury to U.S. Solar Cell Industry from Imports of CSVP Solar...

by Stoel Rives LLP on

By a vote held on January 21, 2015, the U.S. International Trade Commission (USITC) made an affirmative final determination of “material injury” to the U.S. solar cell manufacturing industry due to low-priced Crystalline...more

Trade & Manufacturing - January 2015

by King & Spalding on

In This Issue: - Trade-Related Energy Issues at Forefront of Political Debate in 2015 - Customs and Border Protection Issues Update of Enforcement Activities Related to Trade Orders - News of...more

Department of Commerce Proposes New Solar Tariff on Chinese Panels

by Foley & Lardner LLP on

On January 2, 2015, the Department of Commerce (“DOC”) announced its preliminary decision regarding Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China (“Chinese...more

Department of Commerce Reaches Affirmative Determinations on Certain Crystalline Silicon Photovoltaic Products from China and...

by Foley & Lardner LLP on

On December 16, 2014, the Department of Commerce (“DOC”) reached affirmative final antidumping determinations relating to Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China (“China”) and...more

FTC Staff Comments on New York State Proposal to Transform Power Distribution

by McDermott Will & Emery on

In April 2014, the New York Public Service Commission’s (NY PSC) Reforming the Energy Vision (REV) initiative “propose[d] a platform to transform New York’s electric industry . . . with the objective of creating market-based,...more

Solar Installer Alert: US Dept. of Commerce Issues Affirmative Final Determinations in Chinese and Taiwanese Solar CSPV Products...

by Stoel Rives LLP on

On December 16, 2014, the U.S. International Trade Administration (ITA, part of the U.S. Department of Commerce) issued Affirmative Final Determinations in the alleged unfair subsidy investigation against Crystalline Silicon...more

Petitioners Urge FTC to Investigate Utility’s Environmental Marketing Claims

by Beveridge & Diamond PC on

This week, environmental activists in the state of Vermont filed a petition with the United States Federal Trade Commission (FTC) alleging that an electric utility made improper environmental marketing claims regarding its...more

ML Strategies’ Energy & Environment Update: July 2014 #4

For several years, solar arrays utilizing silicon photovoltaics have been central to driving the exponential growth of installed domestic solar capacity. However, an ongoing trade war spanning three continents and impacting...more

Solar Installer Alert: New Countervailing Duties on Imports of Chinese Solar Products Take Effect June 10, 2014

by Stoel Rives LLP on

The U.S. International Trade Administration of the U.S. Department of Commerce (“ITA”) made the preliminary countervailing duty (“CVD”) rates announced last week effective today, June 10, in a published notice, 79 Fed. Reg....more

Solar Installer Alert: In Preliminary Determination, U.S. Commerce Department Imposes Countervailing Duties on Chinese Solar...

by Stoel Rives LLP on

Late on Tuesday, June 3, 2014, the International Trade Administration of the Department of Commerce (ITA) released a Fact Sheet announcing an affirmative preliminary determination in the countervailing duty case against...more

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