News & Analysis as of

Energy Policy

Environmental Aspects of Wind and Solar Projects in Alberta

by Bennett Jones LLP on

In 2015, Alberta adopted a Climate Leadership Plan and set an ambitious goal of eliminating coal-fired generation and replacing it with at least 30 percent of renewable generation by 2030. According to the Alberta Electric...more

Advanced Reactors Front and Center at House Committee Hearing on Nuclear Energy

by Hogan Lovells on

The House Committee on Energy and Commerce, Subcommittee on Energy held a hearing February 6, 2018 to discuss the challenges facing America’s nuclear infrastructure, including advanced reactor development. ...more

Changes Continue in EPA's Air Program

by Burr & Forman on

In late January, EPA issued a guidance memorandum related to major sources under § 112 of the Clean Air Act that will likely reduce participation in the program. ...more

Trump Administration Announces New Tariffs on Imported Solar Cells and Modules

Following months of speculation, on January 23, 2018, the Trump Administration issued a Proclamation announcing new tariffs on imported solar cells and modules (the “Solar Tariff”) in response to the Section 201 petition...more

201 Trade Case Update: Trump Administration Imposes Tariff on Imported Solar Panels

by Foley & Lardner LLP on

After months of uncertainty, the Trump administration announced on Monday that it is imposing a 30% tariff on imported solar cells and modules, which will step down 5% each year thereafter for a duration of four years. In...more

U.S. Approves New Tariffs on Solar Cells

by Holland & Knight LLP on

On Jan. 22, 2018, U.S. Trade Representative (USTR) Robert Lighthizer announced that the Trump Administration approved recommendations to impose safeguard tariffs on imported solar cells and modules. The USTR made the...more

LNG Exports/PURPA Modernization: January 19th U.S. House of Representatives Energy Subcommittee Hearing Scheduled

The United States House of Representatives Energy Subcommittee of the House Energy and Commerce Committee has scheduled a January 19th hearing entitled “Legislation Addressing LNG Exports and PURPA Modernization.”...more

DOI Reverses Course and Declares Migratory Bird Treaty Act Does Not Prohibit Incidental Take

by Jackson Walker on

In a legal memorandum (the “Jorjani Memo”) issued on December 22, 2017, the U.S. Department of the Interior (“DOI”) concluded that the MBTA’s prohibition of taking migratory birds only applies to intentional take and does not...more

FERC Brushes Away Secretary Perry’s “Resiliency” NOPR, Finding It Legally Deficient

by Stoel Rives LLP on

In a move that was widely anticipated across the energy industry, the Federal Energy Regulatory Commission (FERC) today issued an order that terminated a notice of proposed rulemaking that had been initiated in October 2017...more

Currents - Energy Industry Insights - January 2018

Appalachia Underground NGL Storage Facility Clears Big Hurdle - "The Appalachia Storage & Trading Hub initiative got approval for the first of two application phases for a $1.9 billion U.S. Department of Energy loan, the...more

Alberta Replaces Specified Gas Emitters Regulation with Carbon Competitiveness Incentive Regulation

by Bennett Jones LLP on

On December 18, 2017, the Alberta government released the long awaited Carbon Competitiveness Incentive Regulation (CCIR), which came into force January 1, 2018. The CCIR replaces the existing Specified Gas Emitters...more

Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s Opinion

by Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

Public Utility Regulatory Policies Act (PURPA): December 18th National Association of Regulatory Utility Commissioners Letter...

The National Association of Regulatory Utility Commissioners (“NARUC”) sent a December 18th letter to the Chairman and Members of the Federal Energy Regulatory Commission (“FERC”) advocating changes to the Public Utility...more

Putting an End to the Climate Change Debate -- More or Less

by Burr & Forman on

President Trump has promised that his Administration will resolve any continuing debate on climate change. On the front line of the effort, the President’s EPA Administrator, Scott Pruitt, has moved to eliminate climate...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...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

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

LABI and LOGA Endorse President Trump’s Nominations for the United States Fifth Circuit Court of Appeals

by Liskow & Lewis on

In September 2017, President Donald Trump nominated Kyle S. Duncan and Judge Kurt Engelhardt to the United States Fifth Circuit Court of Appeals. Duncan is currently a partner at Schaeer Duncan LLP in Washington D.C. while...more

Currents - Energy Industry Insights - November 2017 #3

EPA Hosts Public Hearing in Charleston on Clean Power Plan - "Those who favored repeal cited coal jobs and economic concerns, saying they fear if the plan were implemented, it would negatively affect coal jobs and along...more

May the oil & gas odds be ever in Nigeria's favor

by DLA Piper on

Nigeria remains the largest producer of crude oil in Africa, with production reported to be around 1.8 million barrels per day excluding condensate, which makes the commodity by far the country's most important export and...more

The PUCO adopts net metering rules

by Bricker & Eckler LLP on

On November 8, 2017, the Public Utilities Commission of Ohio (PUCO) unanimously adopted changes to Ohio’s administrative rules governing net metering for behind the meter distributed generation....more

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Renewable Energy in the Asia-Pacific Fourth Edition

by DLA Piper on

DLA Piper is proud to release the 4th edition of Renewable Energy in the Asia-Pacific. This publication is an ambitious task, seeking to capture the key renewable energy market highlights across the vast Asia-Pacific region,...more

Key Takeaways From WilmerHale's Recent Women in Energy and Infrastructure Conference

by WilmerHale on

On November 2, WilmerHale held its inaugural Women in Energy and Infrastructure–Powering the Future conference in Washington DC. The event and pre-conference dinner drew more than 100 attendees and provided a forum for women...more

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