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Infrastructure Public Utility

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

Effective Utility Management/A Primer for Water Sector Utilities: Association of Clean Water Administrators Issues New Publication

The Association of Clean Water Administrators (“ACWA”) announced the issuance of a document titled: Effective Utility Management – A Primer for Water Sector Utilities (“Primer”). ...more

Nossaman LLP

CA Supreme Court Decision Paves the Way for Water Rate Decoupling

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On July 8, 2024, the California Supreme Court issued its opinion in Golden State Water Company v. Public Utilities Commission. The petitioners, California Water Association, California-American Water Company, California Water...more

Bracewell LLP

California’s Offshore Wind Strategy Is Coming Into Focus

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California currently deploys almost 35 GW of renewable energy but expects another 148 GW of renewables will be needed to meet the state’s overarching 2045 clean energy goals. To fill this gap, California expects offshore wind...more

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

State of the Water Industry: American Water Works Association Report (2024)

The American Water Works Association (“AWWA”) has released its annual report titled: State of the Water Industry (2024). (“Report”). The stated purpose of the Report is to provide insights into the challenges and...more

Bennett Jones LLP

After the New Bill C-69: A Plan, a Directive and then What?

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In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and "clean growth projects" in particular....more

Holland & Hart LLP

Highlights from the 2024 Wyoming Legislative Budget Session

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Dramatic Finish to the Legislative Session Two weeks after the 67th Wyoming Legislature left Cheyenne, the legislative process concluded. The Governor used all of the available time before the March 23 deadline to make veto...more

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

Incident Response Guide/Water and Wastewater Sector: FBI/EPA/CISA Announce Release

Three federal agencies announced the joint production and release of a document titled: Incident Response Guide – Water and Wastewater Sector (January 2024) (“Guide”)...more

Troutman Pepper

FERC Opens Inquiry into Upstream Investment Interests in Public Utilities

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On December 19, 2023, FERC issued a Notice of Inquiry (“NOI”) to examine whether and how to revise its policy on providing blanket authorizations for holding companies, including investment companies, to acquire securities in...more

Bennett Jones LLP

Update on Alberta's Renewables Pause: Expert Recommendations Provided on Module A Land Impact Issues

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The Alberta Utilities Commission's (AUC) government-directed inquiry regarding the key issues of concern with renewable power projects in Alberta (the Inquiry) is underway. The focus of this post is Module A....more

ArentFox Schiff

ESG Litigation Update: Hawaii Supreme Court Allows Petroleum Industry Climate Case to Proceed

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A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial. The decision in City and County of Honolulu v. Sunoco LP allows...more

Nossaman LLP

Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public...

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In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Order Affirms Increased Scrutiny Of Investor-Utility Ties

On July 3, the Federal Energy Regulatory Commission issued an order confirming more aggressive scrutiny of investors' exercise of control over public utilities through representation on their boards or the boards of companies...more

Nossaman LLP

Update: Upcoming CPUC Rulemaking to Streamline Transmission Line Permitting

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UPDATE: The Commission adopted the Proposed OIR at its May 18, 2023 voting meeting and opened Rulemaking 23-05-018. The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting...more

Nossaman LLP

Railway Fails to Establish Right to Use Eminent Domain

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In eminent domain cases, it is uncommon that right to take challenges are upheld, and when they are, it is typically a procedural deficiency that can be cured. It is even more unusual where a right to take challenge is...more

J.S. Held

Water Cybersecurity? EPA Mandates Regulations to Prevent Cyberattacks on Public Water Systems

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EPA Aims to Mitigate Risk of Cyberattack on Public Water Systems On March 3, 2023, the U.S. Environmental Protection Agency (EPA) issued its Memorandum Addressing Public Water System (PWS) Cybersecurity in Sanitary Surveys or...more

Davis Wright Tremaine LLP

California Communications Infrastructure Mid-Year Update

As predicted in our earlier post, here at the mid-way point of 2022 we have seen a number of significant regulatory developments related to communications infrastructure in California. In the first half of 2022, the...more

Mayer Brown

New Jersey Delays Its Next Offshore Wind Solicitation for Transmission Planning

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The New Jersey Board of Public Utilities (NJBPU) announced that its third solicitation with a capacity target of 1,200 megawatts for New Jersey’s offshore wind (OSW) development will now be released by January 2023, instead...more

Stikeman Elliott LLP

No Complaint to Complaint Based Regulation: Alberta Utilities Commission Decision 26717-D01-2022

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On March 2, 2022, the Alberta Utilities Commission (AUC) issued a decision exempting Calgary District Energy Inc. (CDHI) and the Downtown District Energy Centre (DDEC) from certain provisions of the Public Utilities Act and...more

Davis Wright Tremaine LLP

California Communications Infrastructure Update: A Look Ahead at Potential Regulatory Developments in 2022

As explained in our earlier post, we expect the substantial pace of regulatory developments related to communications infrastructure in California to continue in 2022. Additionally, changes at the California Public Utilities...more

Jones Day

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

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In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

Davis Wright Tremaine LLP

California Communications Infrastructure Update: A Look Back at Regulatory Developments in 2021

2021 was a very active year for regulatory developments related to communications infrastructure in California. Several proceedings of the California Public Utilities Commission (CPUC) were intended to: (i) enhance...more

Nossaman LLP

EPA Announces Unregulated Contaminant Monitoring Rule 5 Final Rule Webinars

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The Environmental Protection Agency (EPA) has announced two public meetings via webinar to cover a comprehensive overview of its most recent Unregulated Contaminant Monitoring Rule ("UCMR"), UCMR 5. The two meetings will be...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Podcast Episode 133: What’s Driving the Shift Toward Renewable Energy? with Paul Kaufman and Ben Huffman

Clean energy technology has been on the rise. As companies strive to become more sustainable and the cost of manufacturing renewable energy continues to decline, we’re taking a look at the driving factors behind the shift...more

Morgan Lewis - Power & Pipes

Connecticut Sets an Energy Storage Target to Help Achieve 100% Clean Energy by 2040

On June 16, Connecticut joined seven other states—California, Massachusetts, New Jersey, Nevada, New York, Oregon, and Virginia—in adopting an energy storage deployment goal as a strategy to address climate change. In...more

Cozen O'Connor

Pennsylvania Public Utility Commission Further Defines Qualifying Alternative Energy Sources

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Pennsylvania’s Alternative Energy Portfolio Standards Act (AEPS Act) requires that a certain percentage of the electric energy that electric distribution companies (EDCs) and electric generation suppliers (EGSs) sell to...more

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