New York’s Department of Environmental Conservation (DEC) recently proposed an environmental “audit incentive” policy, which is similar to the United States’ Environmental Protection Agency’s (EPA) long standing self-audit policy. In its draft policy, DEC encourages participation by waiving or reducing penalties for environmental violations that regulated entities discover through an environmental audit, and expeditiously report… Continue Reading
Category Archives: Energy
Subscribe to Energy RSS FeedCarbon Claustrophobia — Significant Changes Coming to the Regional Greenhouse Gas Initiatives Cap and Trade Program
Posted in Carbon Credits, Climate Change, Energy, Environment, Policy, State RegulationThe New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Energy Research and Development Authority (NYSERDA), is currently accepting public comments on several proposed changes to the DEC’s regulations governing New York’s participation in the Regional Greenhouse Gas Initiative (RGGI). DEC’s proposed changes, which are based on updates to… Continue Reading
Is EPA Playing Chicken With Clean Air Act?
Posted in Articles, Carbon Credits, Climate Change, Energy, Environment, Federal Regulation, PoliticsIn this week’s Pennsylvania Law Weekly and Legal Intelligencer, I write about the motivations behind EPA’s potential delay of issuing a final rule that would limit carbon emissions from new power plants. The agency appears to be playing a high stakes game of political chicken that could provoke congress to pass standalone cap-and-trade legislation. Read Is EPA Playing Chicken With… Continue Reading
Natural Gas and Zoning Preemption in Pennsylvania
Posted in Court Cases, Energy, Environment, Oil & Gas, State RegulationThe Commonwealth Court, one of Pennsylvania’s two intermediate appellate courts, invalidated provisions of the Oil and Gas Act Amendments of 2012 (“Act 13″) intended to limit local regulation of natural gas development, particularly development of the Marcellus Shale. The court issued its opinion in Robinson Township v. Public Utility Comm’n, No. 284 M.D. 2012, on… Continue Reading
Dept of Energy Liable for $150 Million Because It Has Not Built a Nuclear Waste Facility
Posted in EnergyThe Department of Energy owes nuclear power plant operators about $150 million because it has not fulfilled its contractual obligation to have a place for nuclear waste to go, says the Court of Appeals for the Federal Circuit in Yankee Atomic Electric v. US on May 18.
Governors Group Makes Recommendations To Administration for Bolstering U.S. Wind Industry Development
Posted in EnergyThe Governors’ Wind Energy Coalition submitted a letter to President Obama which sets forth a number of recommendations to further develop the wind industry in the United States, including the extension of the investment tax credit and the production tax credit.
Bill Allowing More Offshore Drilling Introduced to Congress
Posted in EnergyBipartisan bill, introduced in the U.S. House of Representatives, seeks increased offshore natural gas drilling.
Marcellus Shale Update: NY Moratorium Bill Vetoed, NY Executive Order, DRBC Draft Regs, and DRBC Hearing Curtailed
Posted in Energy, Environment, Oil & GasGov. Paterson vetoed the NY moratorium on all fracking, but imposed a ban on horizontal, high-volume fracking by executive order. The DRBC proposed regulations and curtailed pending hearings.
Renewable Energy Cash Grant Program in Danger After Tax Cut Deal
Posted in EnergyCash grant program for renewable energy projects is in danger in light of tax cut deal.
Marcellus Shale Moratorium in New York, But Only Until May
Posted in Energy, Oil & Gas, State RegulationOn November 29, the New York Assembly passed A1143B/S08129B which had previously passed the Senate. Governor Paterson is reported to be prepared to sign the bill, although the New York Times blog reports that industry groups are still pushing for a veto. The bill, if signed, would impose a moratorium on new permits for natural gas wells that… Continue Reading
Department of Energy, Google Announce Wind Farm Projects
Posted in EnergyThe Federal Government and Google announce new offshore wind projects.
Delaware River Basin Commission Delays Natural Gas Regulations and Declines to Bar Exploratory Wells
Posted in EnergyThe New York Times recently covered the ongoing dispute over drilling for natural gas in the Delaware River Basin, an area not only subject to the jurisdiction of state environmental agencies but also an interstate compact agency known as the Delaware River Basin Commission. At the Commission’s regular September 15 meeting, the DRBC Executive Director… Continue Reading