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Environmental Energy & Utilities

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

Three Key Takeaways from the Doing Business in the Northeast: 5th Bi-Annual Current Issues in Environment and Energy Conference

While all major energy projects and environmental clean-up projects in the Northeast face numerous challenges—from changes in the interpretations of regulations and in state-level requirements to legal challenges from...more

An Examination of Federal Permitting Processes: U.S. House Committee on Oversight and Government Reform/Subcommittee on the...

The United States House Committee on Oversight and Government Reform (“Committee”) held a hearing on March 15th titled: An Examination of Federal Permitting Processes ...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Garland County, Arkansas Improvement District Enter into...

The Arkansas Department of Environmental Quality (“ADEQ”) and the Mountain Top Suburban Improvement District No. 66 (“District”) entered into a February 22nd Consent Administrative Order (“CAO”) addressing alleged violations...more

Arkansas 91st General Assembly – Second Extraordinary Session 2018: House Bill 1007/Senate Bill 8 – Update

As noted in previous posts (see previous posts of 03-13-18 and 03-14-18 here) House Bill (“H.B.”) 1007 and Senate Bill (“S.B.) 8 would add a subsection to a section of Subchapter 2 (Water Pollution) of the Arkansas Water and...more

California Environmental Law & Policy Update - March 2018 #3

by Allen Matkins on

Focus - EPA’s Pruitt says California cannot dictate nation’s auto emissions standards - THE WASHINGTON POST - Mar 13 U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt said in an interview Tuesday...more

EPA Signals Changes to Clean Air Act Accidental Release Program

by King & Spalding on

There are recent, noteworthy developments affecting the U.S. Environmental Protection Agency’s (“EPA”) accidental release program. On March 16, EPA defended its decision to delay implementation of an Obama-era rule updating...more

FERC Meeting Agenda Summary - March 2018

by White & Case LLP on

In This Issue: - Electric Items - Gas Items - Hydro Items - Certificate Items - Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 15, 2018 meeting, pursuant to the...more

Infrastructure Series: Paying for and Permitting Water Infrastructure

by WilmerHale on

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

FERC Grapples with Accommodating State Policies in Wholesale Markets; Approves ISO New England Proposal for Subsidized Renewable...

Nearly a year after summoning stakeholders to discuss whether—and if so, how—the wholesale power markets should accommodate state policy goals, the Federal Energy Regulatory Commission (FERC or the “Commission”) has taken a...more

Renewable Energy Update - March 2018 #3

by Allen Matkins on

Focus - California could get more solar, geothermal power from Imperial Valley following lawsuit - The Desert Sun - Mar 7 As Governor Jerry Brown looks to neighboring states for cheap sources of clean energy, a legal...more

Sustainable Development Update - March 2018 #3

by Allen Matkins on

Sustainable Development Focus - How residential and office developers are preparing for the realities of net zero - URBAN LAND - Mar 12 In 2017, California passed the first net-zero building code in the United States...more

Currents - Energy Industry Insights - March 2018 #3

Pipeline CEOs Vow to Fight Back Against Environmental Activism and Sabotage - "Executives from some of the biggest energy infrastructure companies in Canada and the United States say their industry had been surprised by...more

Industry Coalition Sends Letter On Farm Bill To Congressional Agricultural Committee

by Bergeson & Campbell, P.C. on

On March 6, 2018, a coalition of over 200 companies and trade associations sent a letter to the Agricultural Committee leaders in the House and Senate urging the reauthorization of and stable mandatory funding for the energy...more

RFS Reform Bills Introduced In Congress

by Bergeson & Campbell, P.C. on

On March 8, 2018, Senator Tom Udall (D-NM) and Representative Peter Welch (D-VT) introduced companion legislation (S. 2519, H.R. 5212) in the U.S. Senate and U.S. House of Representatives, respectively, to reform the...more

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

by Beveridge & Diamond PC on

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Corps of Engineers to Streamline Section 408 Permitting Process

by Holland & Hart LLP on

In February 2018, the U.S. Army Corps of Engineers (“Corps”) issued a draft Engineering Circular (“EC”) outlining proposed policies and procedures regarding how it will address third-party requests to alter civil works...more

Attention NSR Geeks #2: EPA Flips Position on “Project Netting”

by Stoel Rives LLP on

On March 13, 2018, EPA issued another new NSR interpretation. This one allows a source to take into account emissions decreases when performing the first step in determining NSR applicability, effectively rewriting the long...more

Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Carbon Pricing Roundup: Recent Developments in the US and Abroad

by Beveridge & Diamond PC on

The first quarter of 2018 has been a busy one for efforts to put a price on greenhouse gas (GHG) emissions, both in the United States and abroad. In February, the European Union (EU) approved reforms to the EU Emissions...more

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

EPA Proposes Revisions to Rules for Disposal of Coal Combustion Residuals from Electric Utilities

by Beveridge & Diamond PC on

Today, EPA published a proposal to amend the regulations in 40 CFR Part 257, Subpart D, governing the disposal of coal combustion residuals (“CCR” or coal ash) in landfills and surface impoundments. The proposed rule is the...more

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

by Morgan Lewis on

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

Energy Newsletter - March 2018

by King & Spalding on

Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

[Webinar] Duke Energy's North Carolina CPRE Program - Latest Developments - March 20th, 11:00am ET

by Williams Mullen on

Are you planning to submit a renewable energy project under Duke Energy’s competitive procurement under Part II of H.B. 589? Duke Energy’s solicitation for 680 MW of renewable energy and capacity is expected to be released...more

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