News & Analysis as of

Environmental Energy & Utilities

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

Diesel Emission Reduction: Arkansas Department of Environmental Quality Announces Grant Availability

The Arkansas Department of Environmental Quality (“ADEQ”) issued a December 14th news release stating it is accepting submissions for the Reduce Emissions from Diesels program (also known as the Go RED! program.)...more

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Louisiana State Implementation Plan

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

Formaldehyde Rule: Sierra Club Files Federal District Court Lawsuit Challenging U.S. Environmental Protection Agency Compliance...

Earthjustice filed a lawsuit in the United States District Court for the Northern District of California on behalf of Sierra Club and A Community Voice – Louisiana (collectively “Sierra Club”) challenging a United States...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Hot Springs, Arkansas Wastewater Treatment Plant Operator...

The Arkansas Department of Environmental Quality (“ADEQ”) and Westwood Village Sewer Facilities Board (“Board”) entered into an October 23rd Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water...more

Portland Residential Home Energy Score Requirement Takes Effect January 1

by Tonkon Torp LLP on

Starting January 1, 2018, single-family home sellers in Portland will be required to report a Home Energy Score (HES) to potential buyers. The HES is a federally-developed measurement of the energy-related use and associated...more

BOEM Renewable Energy Task Force Discusses Potential New Wind Energy Areas Offshore New York

by Latham & Watkins LLP on

The Bureau of Ocean Energy Management (BOEM) convened the Intergovernmental Renewable Energy Task Force for the New York Bight to discuss BOEM’s draft Call for Information and Nominations (Call) on December 4, 2017. The...more

EPA Seeks Comment On ICR On RFS Program

by Bergeson & Campbell, P.C. on

On December 8, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register regarding its plans to submit an information collection request (ICR) to the Office of Management and Budget (OMB) on...more

DOC Postpones LTFV Final Determinations Related To Biodiesel From Argentina And Indonesia

by Bergeson & Campbell, P.C. on

On December 8, 2017, the U.S. Department of Commerce (DOC) issued in the Federal Register a notice on the postponement of final determinations of sales in less than fair value (LTFV) investigations into biodiesel from...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

2018 Arkansas Soil and Water Education Conference/Expo: First National Bank Arena – January 31st/Jonesboro, Arkansas

The 2018 Arkansas Soil and Water Education Conference and Expo (“Conference”) will be held on January 31st. The Conference will be held at the First National Bank Arena (formerly the Arkansas State University Convocation...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

Funding/Clean Air Act: National Association of Clean Air Agencies December 5th Recommendation to Senate and House Appropriations...

The National Association of Clean Air Agencies (“NACAA”) submitted a December 5th letter to the Chairmen and ranking members of the Senate and House Appropriations Committees in regards to the Omnibus Appropriation Bill for...more

House and Senate Tax Bills Target Renewable Energy Projects

by Holland & Knight LLP on

The U.S. Senate passed its version of a bill to overhaul the U.S. tax code on Dec. 2, 2017, and is now working with the House of Representatives to reconcile its bill with the House's version, passed in November. The goal of...more

Battery Development in the Auto Industry Leads to Electrification of Ships and Planes

by Foley & Lardner LLP on

With the release of the new Tesla semi-truck in November, the public’s attention was captured with the idea of emission-free movement of freight. In the United States, over 70% of freight is carried at some point by truck,...more

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

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

Bonn Climate Talks Discuss Litigation Trend Linking Climate Change and Human Rights

by King & Spalding on

Climate change has been in the news recently in the wake of the Bonn Climate Talks, which took place between November 6 and 17, 2017. One key take away from the Talks: energy companies must seriously consider potential...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

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

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