LexisNexis® Legal Newsroom
Energy Independence: Still a Long, Tough Slog

By John L. Watkins, Partner, Barnes & Thornburg LLP Last week, I attended an event on bioenergy sponsored by the German American Chamber of Commerce. The featured speaker was Mr. Jörg Mayer, the Managing Director of the Renewable Energies Agency in Berlin, Germany. By way of background, Germany...

Sutherland Asbill & Brennan LLP Legal Alert: FERC Clarifies QF Recertification Requirement

By Daniel E. Frank and Caileen N. Gamache In an order issued on March 30, 2010, 1 the Federal Energy Regulatory Commission (FERC) clarified one ambiguity in its qualifying facility (QF) regulations, while leaving another in its wake. Resolved is the issue of whether a recertification filing is required...

Marten Law: Senate Climate Bill Introduced Amid Considerable Fanfare, and an Uncertain Future

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC “Senators Kerry and Lieberman released their much-anticipated cap and trade legislation on May 12, 2010. The Kerry-Lieberman bill takes its place alongside H.R. 2454, the American Clean Energy and Security Act (ACES), enacted...

Marten Law: EPA Issues Final Rule Regulating Greenhouse Gases From New and Modified Sources

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC “With a one-two punch, EPA on May 13, 2010 issued permitting requirements for larger stationary sources of greenhouse gases (GHGs), just one day after Senators Kerry and Lieberman released cap and trade legislation in the...

Marten Law on National Parks Conservation Ass'n v. TVA: Federal District Court Ruling May Undercut Enforcement and Citizen Suit Challenges Aimed at Coal-Fired Power Plants

By Dustin Till, Associate, Marten Law Group PLLC “The recent opinion in National Parks Conservation Association v. TVA took the frequently contested question of what constitutes ‘routine’ maintenance of coal-fired power plants in a new direction” writes Dustin Till. “That...

Is Virginia Poised to Become a Mid-Atlantic Hub for Offshore Wind Energy?

By Michael P. Giordano, Vandeventer Black LLP While the United States grips with the devastating effects of a tragic offshore oil spill, states on the Atlantic coast are turning their focus toward the development of a different kind of energy off of their own shores. Offshore wind energy has the...

Columbia Law School Center for Climate Change Law: AEP v. Connecticut - A Comparison Of The Briefs Filed By The Defendant Electric Utilities

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School O n January 31, 2011, five investor-owned utilities[1] (Petitioners) and the Tennessee Valley Authority (TVA), an electric utility owned by the US government, filed separate briefs with the United States Supreme Court (USSC...

Columbia Law School Center for Climate Change Law: Europe's Climate Roadmap

By Daniel Firger, Associate Director, Center for Climate Change, Columbia Law School Europe is doubling down on decarbonization. On March 8, 2011, the European Commission (EC) released its widely anticipated “roadmap for moving to a competitive low carbon economy in 2050.” The roadmap...

Columbia Law School Center for Climate Change Law: New York Passes Innovative Financing Mechanism for Improving Building Energy Efficiency

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 22, 2011, the New York State Legislature passed The Power NY Act of 2011 (A. 8510/S. 5844) (PNY Act).[1] Governor Cuomo is expected to sign it. The new law, once enacted, would do two very important things: (1) provide...

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS 4565 (6/20/11), the U.S. Supreme Court addressed...

Full-Scale CCS Project Put on Hold by AEP

By Patrick Greissing, Alston & Bird LLP Carbon capture and storage (CCS) has been deemed a technology that can help fight climate change and reduce greenhouse gas emissions; however, it has had trouble getting off the ground. The cost of CCS, legal issues, lack of state and federal policy and...

Columbia Law School Center for Climate Change Law: MIT Study Demonstrates Demand Response’s Role in Balancing Renewables

By Shelley Welton, Deputy Director & Fellow, Center for Climate Change, Columbia Law School MIT released an interdisciplinary study on December 5, 2011, that examines "The Future of the Electric Grid." Among many interesting findings, it nicely details the challenges we will face...

U.S. Energy Information Administration Monthly Reports

The U.S. Energy Information Administration released its most recent "Monthly Energy Review" on March 28, 2012. The Monthly Energy Review is the U.S. Energy Information Administration's primary report of recent and historical energy statistics. Included are statistics on total energy production...

Court Denies Rehearing of Decision Overturning CSAPR

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate transport of pollutants emitted by electric generating...

Steptoe & Johnson PLLC: Power Line Rights of Way - FERC Approves New Vegetation Management Rules

By Kurt L. Krieger and Nora C. Price On March 21, 2013, the Federal Energy Regulatory Commission ("FERC") approved new rules for managing vegetation along power line rights of way. The purpose of the approved modifications to existing electric reliability standards is to ensure the continued...

Marten Law on EPA v. EME Homer City Generation: Clean Air Act--Supreme Court Defers To EPA on Cross-State Air Pollution, Putting More Pressure on Aging Coal-Fired Power Plants

By Svend Brandt-Erichsen, Partner, Marten Law PLLC In this article, Svend Brandt-Erichsen of Marten Law PLLC examines the Supreme Court's decision in EPA v. EME Homer City Generation, [ enhanced version available to lexis.com subscribers ], upholding EPA's Cross-State Air Pollution Rule...

EPA Proposes First Carbon Emissions Limits for Power Plants

On June 2, 2014, the U.S. Environmental Protection Agency announced its Clean Power Plan, which would impose the first federal limits on carbon-dioxide (CO 2 ) emissions from power plants in the United States.[1] The proposed rules, which the EPA published pursuant to Section 111(d) of the Clean Air...