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State Net Capitol Journal: Renewable Energy Offsets Collapse Of Coal

The U.S. coal industry has endured a precipitous decline in recent years. A Duke University study indicated that the industry shed 49,530 jobs between 2008 and 2012. U.S. renewable energy, meanwhile, has surged. The Duke study found that wind and solar energy generation provided more than 79,000 direct...

State Net Capitol Journal: Politics Kills Clean Energy In Texas

A Texas rebate program for electric vehicles is ending on June 26 – only about a year after it began. Not because state leaders think green rebates are a waste of money or threaten the free market. In fact, a House committee unanimously passed a plan to extend the EV incentives until 2023 and double...

DLA Piper Energy Bulletin

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Railroad industry leader sees jump ahead in volume of crude-by-rail. Are oil companies fully prepared for the potential liability...

Troutman Sanders LLP: Without Tax Credit Extensions, Returns Of PPAs For Renewables Will Have To Give, GAO Says

By Renewable Energy Insights SNL reports that if Congress does not extend a pair of subsidies for the renewable energy industry, new construction will slow unless retail electricity providers pay significantly more for wind and solar power or developers forfeit a big chunk of their returns, the U...

Cadwalader: REMIT: The Road to Enforcement

Following a number of recent developments, described below, the rules and regulations enacted under the European Union (EU) Regulation on Wholesale Energy Markets Integrity and Transparency (REMIT) are now close to being fully-implemented. Market participants must ensure they are now prepared for an...

Williams Mullen: Supreme Court Ruling on EPA Mercury Rule: Utilities Win the Battle, But Lose the War

By Jessica J.O. King The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards the emissions pose to human health. EPA conducted the...

Babst Calland: Ohio Adopts Oil And Gas Regulatory Changes In Its Biennial Budget Legislation

By David E. Northrop Ohio’s biennial budget legislation, House Bill 64 , signed by the Governor on June 30, 2015, includes changes and additions to Ohio’s oil and gas regulatory program appearing in Chapter 1509 of the Revised Code. The changes and additions take effect on September 29...

Babst Calland: Gov. Tomblin Forms The West Virginia Commission On Oil And Natural Gas Industry Safety

By Briana J. Marino On July 9, 2015, Governor Tomblin announced the formation and appointment of members to the West Virginia Commission on Oil and Natural Gas Industry Safety. Publicized during Governor Tomblin’s State of the State address in early 2015, the Commission is charged with “reviewing...

Troutman Sanders: 10th Circuit Upholds Colorado’s Renewable Portfolio Standard

On July 13, 2015, the United States Court of Appeals for the 10th Circuit (“10th Circuit”) upheld the State of Colorado’s renewable portfolio standard (“RPS”) as valid under the dormant commerce clause. In doing so, the 10th Circuit held that the RPS (1) was not a price...

Troutman Sanders LLP: CAISO Board of Governors Adopts Framework to Permit Market Participation by Aggregated Distributed Resources

On July 16, 2015, the California Independent System Operator Corporation’s (“CAISO”) Board of Governors approved a new proposal (the “Proposal”) that will allow aggregated distributed energy resources to participate in the California wholesale energy market. Under the approved...

Babst Calland: Pennsylvania Federal Court Holds 1961 Dual Purpose Lease Still In Effect

By Matthew L. Lambach | In the case titled Mason v. Range Res.-Appalachia LLC (2015 U.S. Dist. LEXIS 97471), the United States District Court for the Western District of Pennsylvania recently held that a 1961 oil and gas lease remained in effect pursuant to the terms of the lease [ enhanced opinion...

Troutman Sanders LLP: FERC Office of Energy Projects Issues Best Practices Manual

On July 28, 2012, FERC’s Office of Energy Projects (“OEP”) released a 32-page manual titled “Suggested Best Practices for Industry Outreach Programs to Stakeholders” (“Manual”). In doing so, OEP states that the purpose of the Manual is to identify best practices...

Troutman Sanders LLP: FERC Releases 2015 Energy Primer

On July 27, 2015, FERC released its 2015 version of the Energy Primer: A Handbook of Energy Market Basics (“Energy Primer”). The Energy Primer was developed by staff from the Division of Energy Market Oversight within FERC’s Office of Enforcement. First released in 2012, the Energy...

Troutman Sanders LLP: FERC Holds that Demand Response, Energy Efficiency Resources can Participate in PJM Transition Auctions for New Capacity Product

On July 22, 2015, the Commission determined that demand response and energy efficiency resources should be able to participate in two PJM Interconnection LLC (“PJM”) transition auctions created to implement a new capacity product called Capacity Performance Resources. The Commission found...

Steptoe & Johnson PLLC: EPA Releases Clean Power Plan

By Stephen L. Miller On August 3, 2015, President Obama and EPA Administrator McCarthy released the agency’s Clean Power Plan , regulations designed to significantly reduce CO 2 emissions from power plants, as well as promoting low-emitting power sources and energy efficiency. These sweeping...

Ballard Spahr LLP: President Obama, EPA Announce Final Clean Power Plan to Regulate Power Plant Emissions Connected to Climate Change

President Obama and the U.S. Environmental Protection Agency (EPA) today announced the issuance of the long-anticipated Federal Clean Power Plan, which regulates emission to the atmosphere of carbon dioxide (CO 2 ) from existing fossil fuel-fired electric steam generating units and natural gas-fired...

DLA Piper LLP Energy Bulletin

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • President Obama reveals Clean Power Plan. Calling it the “single most important step that America has ever made in the fight...

Babst Calland: EPA Revises Low Pressure Gas Well and Storage Vessel Definitions For NSPS Subpart OOOO

By Meredith Odato Graham The U.S. Environmental Protection Agency (EPA) is revising important definitions in the New Source Performance Standards (NSPS) rule for the oil and gas sector, NSPS Subpart OOOO, in response to stakeholder petitions. In a final rule published today, EPA is revising the definition...

Babst Calland: Pennsylvania DEP Releases Latest Revisions Of Oil And Gas Rulemaking

By Matthew L. Lambach The Pennsylvania Department of Environmental Protection (DEP) recently announced the draft final revisions to the “Environmental Protection Performance Standards at Oil and Gas Well Sites” rulemaking (Chapters 78 and 78a). Following the most recent round of public...

Babst Calland: Ohio Oil And Gas Commission Affirms Orders Suspending Operation Of An Injection Well Due To Low-Level Seismic Events

By David E. Northrop The Ohio Oil and Gas Commission rendered a decision on August 12, 2015, affirming two orders of the Chief of the Division of Oil and Gas Resources Management that suspended operation of an injection well operated by American Water Management Services in Trumbull County, Ohio....

Williams Mullen: Federal Government Continues to Target Big Coal

By: Jessica J.O. King The United States Department of Interior’s (DOI) Office of Surface Mining Reclamation and Enforcement has proposed new regulations requiring coal mining companies to protect and restore streams impacted by nearby mining activities. DOI’s draft Stream Protection Rule...

Williams Mullen: EPA Finalizes Clean Power Plan: Now What?

By: Channing J. Martin President Obama unveiled on August 3 what has been billed as the Administration’s biggest initiative yet to regulate carbon emissions. Although the final regulations that form the Clean Power Plan are ostensibly aimed at reducing emissions from existing fossil fuel-fired...

Ballard Spahr LLP: New York, Connecticut Establish Community-Based Renewable Energy Programs

New York and Connecticut recently joined at least 13 other states, including Hawai’i and Maryland, in establishing measures that could significantly expand access to renewable energy generation in those states through community-based renewable energy programs. Because certain federal tax credits...

Cadwalader: Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

Introduction On August 13, 2015, a Federal Energy Regulatory Commission (“ FERC ” or “ Commission ”) Administrative Law Judge (“ ALJ ”) issued an initial decision in which she found that BP America Inc. et al. (“ BP ”) manipulated the natural gas market...

Babst Calland: EPA Announces Rulemaking Proposal to Curb Methane Emissions from Oil and Gas Sector

By Meredith Odato Graham Today [Aug. 18] the U.S. Environmental Protection Agency (EPA) formally announced its highly-anticipated proposal to regulate methane emissions from the oil and natural gas sector. Specifically, EPA is proposing to amend the New Source Performance Standards (NSPS) rule for...