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Foley Hoag LLP - Energy & Climate Counsel

With Federal Support Uncertain, New York Executes Plan for Six Gigawatts of Energy Storage by 2030

After years of regulatory proceedings and planning, and following the New York Public Service Commission (the “PSC”)’s June 2024 Order Establishing Updated Energy Storage Goal and Deployment Policy (the “June 2024 Order”),...more

Foley Hoag LLP - Environmental Law

If CEQ No Longer Implements NEPA, Is that Good or Bad for Project Developers?

Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and City of Gatlinburg Enter into Settlement...

The Tennessee Department of Environment and Conservation (“TDEC”) and City of Gatlinburg, Tennessee entered into an October 24th Final Order and Settlement Agreement (“Agreement”) addressing an alleged violation of the...more

Pillsbury Winthrop Shaw Pittman LLP

FERC Rejects Interconnection Proposal for Nuclear-Powered Data Center Project

The decision signals potential new scrutiny for co-located energy generation and data center projects as concerns grow about grid impacts. Although decided primarily on procedural grounds, the Federal Energy Regulatory...more

Houston Harbaugh, P.C.

How Subjective Can Objective Zoning Ordinance Requirements Be?

Houston Harbaugh, P.C. on

Burdens of Proof in Special Exceptions and Conditional Uses After Cogan Properties LLC v. East Union Township Zoning Hearing Board, et al.- Shifting burdens of proof are hallmarks of special exceptions and conditional uses in...more

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

Stormwater Flow/Adjacent Properties: Complaint Filed in Lonoke, Arkansas Circuit Court Seeking Injunctive Relief/Damages

Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more

BCLP

Powering Up Data Centre Development in SE Asia with New Direct PPA Frameworks

BCLP on

This insight highlights government initiatives in Southeast Asia that promote data centre development through Direct Power Purchase Agreements schemes. As jurisdictions compete to attract investment in the power intensive...more

BCLP

Proposed Planning Policy for Wind and Solar Farms

BCLP on

Consultation closed at the end of September on proposals to align national planning policy with the Government’s aspiration for Britain’s future as a ‘Clean Energy Superpower’ by 2030. Government has committed to respond...more

Patton Sullivan Brodehl LLP

Court Rules Grower Cannot Use Access Easement for Cannabis Purposes Without Servient Landowner’s Consent

While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Eureka Springs...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Good Shephard Humane Society, Inc. (“Good Shephard”) entered into a November 6th Consent Administrative Order (“CAO”)...more

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

Air Enforcement: Missouri Department of Natural Resources and Washington County Tire Processing Facility Enter into Administrative...

The Missouri Department of Natural Resources (“MDNR”) and Purcell Tire & Rubber Company (“Purcell”) entered into an October 22nd Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air...more

Sheppard Mullin Richter & Hampton LLP

California Adds New Options to Growing Menu of Prop 65 Warning Labels for Foods Containing Acrylamide, Citing “Additional...

California recently amended its Proposition 65 regulations to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat...more

BCLP

Proposed Planning Policy for Data Centres, Gigafactories and Biotech Labs

BCLP on

Consultation closed in late September on proposals to align national planning policy with the Government’s industrial strategy for key growth industries. Government’s response is awaited. In the meantime, what Planning...more

Cozen O'Connor

New York Note: Adams Appointments, Client Spotlight, Super Lawyers

Cozen O'Connor on

Mayor Adams has announced new appointments within the Office of the Deputy Mayor for Communications. In the Press Office, Kayla Mamelak Altus is now Press Secretary, and Allison Maser has joined as a Deputy Press Secretary...more

Womble Bond Dickinson

FERC Busy Considering Issues Relating to Co-Located Large Loads

Womble Bond Dickinson on

The Federal Energy Regulatory Commission (“FERC”) has been active in recent weeks considering issues relating to co-located large load customers, being driven primarily by the announcements of planned investments by data...more

Troutman Pepper

California Open to Input on Endangered Species Listing for Burrowing Owl

Troutman Pepper on

The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and White County Tree Service...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and James Osborne entered into a September 25th Consent Administrative Order (“CAO”) addressing an alleged violation of Arkansas...more

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

Citizen Suit Action/RCRA: Federal Court Addresses Applicability to Agency Supervised Site Remediation

The United States District Court for the District of New Jersey (“Court”) addressed in a June 25th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Raritan Baykeeper,...more

Mayer Brown

Brazilian Supreme Court Allows Landfills to Continue Operating in Permanent Preservation Areas and Compensation of Legal Reserves...

Mayer Brown on

The Brazilian Supreme Court (Supremo Tribunal Federal - STF) has decided by majority vote that landfills being installed or already operating or expanding in Permanent Preservation Areas (Áreas de Preservação Permanente -...more

Holland & Knight LLP

D.C. Council Legislation Seeks to Address Ongoing Vacant and Blighted Property Challenges

Holland & Knight LLP on

D.C. Council Chairman Phil Mendelson introduced the Vacant to Vibrant Amendment Act of 2024 (B25-1003) on Oct. 15, 2024. The legislation proposes several measures to help the District of Columbia (District) combat and remedy...more

Sheppard Mullin Richter & Hampton LLP

First Commercial Offshore Wind Lease Sale in the Gulf of Maine Completed

On October 29, the Bureau of Ocean Energy Management (BOEM) held an auction for offshore wind areas in the Gulf of Maine. Although BOEM leased an offshore wind area in the Gulf of Maine for a research installation last...more

Schwabe, Williamson & Wyatt PC

Oregon EFSC Adopts Rules to Clarify Contested Case ‎Procedures for Energy Projects

Understanding the New Landscape for Energy Developers - The Oregon Energy Facility Siting Council (EFSC) has introduced rule changes to clarify the contested case procedures for large-scale energy project approvals....more

Tucker Arensberg, P.C.

Land Partition Practice Tip: Partition Actions in Pennsylvania are a Two-Step Process

Tucker Arensberg, P.C. on

A land partition action in Pennsylvania is unlike any other type of civil litigation. Of course, there are plaintiffs and defendants, pleadings, and discovery just like any other lawsuit, but the course of the litigation is...more

White and Williams LLP

No Delay Damages Without Reciting the Notice-To-Defend Magic Spell

White and Williams LLP on

Pennsylvania law allows verdict winners in cases involving property damage, bodily injury, or death to request delay damages from the liable defendants. Delay damages are awarded for the period starting one year after initial...more

Bracewell LLP

PRG 2024 Post-Election Pulse Check: Wind

Bracewell LLP on

George Felcyn, senior director of government affairs in Bracewell’s Policy Resolution Group, discusses the future of the wind industry under a second Trump administration....more

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