Capacity Crunch Series Continued: Balancing Reliability, Unprecedented Load Growth & Affordability in the Energy Transition (Part 2) - Energy Law Insights
Unpacking FERC's Transmission Planning and Permitting Final Rules
Building Out Energy Storage Facilities Across the US With Jason Burwen, GridStor — Battery + Storage Podcast
The Vital Importance of Pipeline and Transmission Infrastructure to Decarbonization - Energy Law Insights
Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights
The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA - Energy Law Insights
The Capacity Crunch, Part One: Reliability and Decarbonization in the Short Term - Energy Law Insights
6 Key Takeaways | Legislative Developments in Decommissioning Requirements in North Carolina
New Opportunities for Boosting Grid Security
Distributed Generation 2.0: What You Need to Know
May I Inquire? The Michael Silver pLAWdcast - Episode 2 - Melissa Seixas (Duke Energy)
Defense In-Depth: Cybersecurity For Energy
Reuse to the Rescue: Talking Water Reuse with Pat Sinicropi, Executive Director, WateReuse Association - Reflections on Water Podcast
The Nexus of Transmission and Storage: A Conversation With American Transmission Company GC and Executive VP Bill Marsan - Battery + Storage Podcast
H2Oklahoma: Interview With Secretary Ken Wagner - Reflections on Water Podcast
How Battery Storage Is Reshaping the Energy Transition Ecosystem: An Interview With FlexGen CEO Kelcy Pegler - Troutman Pepper Battery + Storage Podcast
How the $1.2 Trillion Infrastructure Plan Affects Texas
Rethinking Global Supply Chain Resiliency & Efficiency
Interview With Mike Niggli, Chairman of ESS, Inc. - Battery + Storage Podcast
Interview With Freeman Hall, Co-Founder and President of B2U Storage Solutions - Battery + Storage Podcast (Episode 10)
We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more
Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers....more
When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability? For quite some time, inverse condemnation liability appeared to be...more
The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range...more
In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC...more
When a property owner brings a regulatory taking / inverse condemnation claim based on a city or county’s zoning decisions, the owner often provides context and history, including public statements made by staff, board...more
The UK government recently introduced legislation implementing changes to the special administration regime for regulated water companies (“WISAR”). The changes are designed to modernise the WISAR and to better align it with...more
One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is...more
In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more
A utility company that provides service to an owner’s property usually requests the owner to sign a standard form of easement. The form of easement allows the utility company to enter onto the owner’s property to install and...more
Generally, if utilities with the right of eminent domain cause damage to private property during the operation of their facilities, they may face inverse condemnation liability. However, where the facility in question is not...more
Some easements will contain express language that delineates the respective rights of the grantor and grantee to make use of the easement. Other times, even absent express language, a grantor can be prevented from using an...more
The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more
The City of Boston has taken the next step in its ongoing efforts to amend and strengthen its Building Energy Reporting and Disclosure Ordinance, or BERDO, by releasing a draft Summary of policy elements on Jan. 27, 2021, for...more
While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward. On February 11, 2021, Nossaman's Eminent Domain &...more
While nobody could have anticipated the challenges of 2020, the right-of-way industry worked through difficult issues to move critical infrastructure projects forward last year. Please join our Eminent Domain & Valuation...more
The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of...more
CEP Magazine (January 2020) - US law holds that, when the government seizes or damages land and does not pay compensation as required under the Fifth Amendment, the landowner must sue in court for damages. It is known as...more
In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for...more
It was a busy week at the North Carolina General Assembly as the House passed its version of the budget bill and both houses worked intensely in advance of the May 9 crossover deadline. Budget Bill (H966)- The House on...more
A United States District Court (Western District Virginia)in a December 26th Memorandum Opinion (“Opinion”) addressed a challenge to a stormwater utility ordinance assessment. See Norfolk Southern Railway Company v. City of...more
When the North Carolina Department of Transportation ("DOT") exercises its power of eminent domain, in addition to taking private property in fee simple, it will often take various easements, including Permanent Utility...more
The California Energy Commission recently released its proposed regulations under Assembly Bill 802 (AB 802) to replace the now defunct Assembly Bill 1103 (AB 1103), codified as Public Resource Code Section 25402.10. The key...more
Planning is words on a page and lines on a map. It is not reality, but a projection of the future. And the future is uncertain – just ask those who predict when the Federal Reserve will raise interest rates. ...more
The recent expansion of oil and natural gas exploration and production activities in previously unprofitable areas has brought increased attention to issues surrounding compliance with state unclaimed property laws. Producers...more