In the Sept/Oct 2014 issue of the American Bar Association’s Trends, attorneys Michael Cooke and Christopher Bell co-author “The intersection of the Clean Air Act and energy policy: EPA’s proposed greenhouse gas standards for existing power plants”. Read more here.
Cross-border renewable energy development is a rapidly growing share of the more than $200 billion per year renewable energy industry. Balancing the interests of investors seeking regulatory certainty with the interests of states in environmental protection is a significant source of potential conflict. In a joint publication by two committees in the ABA Section of Environment,… Continue Reading
Last week, EPA issued guidance to its Regional Administrators that addresses some of the questions raised by the decision in Utility Air Regulatory Group v. United States Environmental Protection Agency, 134 S.Ct. 2427 (U.S. June 23, 2014) (“UARG”). As discussed in our posts of June 23rd and July 14th, that decision raised several issues that… Continue Reading
On June 2, 2014, the U.S. Environmental Protection Agency (“EPA”) published a draft rule that is intended to cut carbon emissions from existing power plants. EPA hopes to accomplish this through a state-focused strategy that is essentially an energy control rule than a traditional environmental pollution control effort. EPA expects to finalize the rule by… Continue Reading
By Adam Silverman. In part II of our Air Update we address the following recent developments related to the regulation of greenhouse gases: Massachusetts became the ninth—and most recent—state to adopt stricter air standards under the RGGI. We wrote about New York’s adaptation earlier this year. European Parliament froze the number of pollution allowances in… Continue Reading
By Adam Silverman Several recent developments in air regulations are likely to impact regional, national and international air pollution policy. In part I of our Air Update we address several Clean Air Act topics: The D.C. Circuit Court of Appeals issues two important Clean Air Act opinions, one clarifying a recent decision to uphold revisions… Continue Reading
New York State has not exactly been a haven for the natural gas industry these past few years, serving as the epicenter of the anti-fracking movement. It is also one of the few states that does not permit Liquefied Natural Gas (LNG) fueling stations, due to the application of an out-of-date 1970s statute. That may… Continue Reading
On June 25th, the U.S. Supreme Court issued an important Takings Clause decision with far-reaching implications for real estate developers and others who rely on federal or state permits. In Koontz v. St. Johns River Water Management District, the Court extended the doctrine of “unconstitutional conditions” established in the Court’s Nollan and Dolan cases. By… Continue Reading
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
The 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
In 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
The 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
The 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.
The 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.
Bipartisan bill, introduced in the U.S. House of Representatives, seeks increased offshore natural gas drilling.
Gov. 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.
Cash grant program for renewable energy projects is in danger in light of tax cut deal.
On 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
The Federal Government and Google announce new offshore wind projects.
The 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