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Another Anti-Wind Power Appeal Dismissed

Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that the turbines...

Split New York High Court: Municipalities May Pass Laws Banning Fracking

ALBANY, N.Y. — (Mealey’s) A divided New York Court of Appeals on June 30 ruled that local municipalities may pass bans on the oil and gas extraction procedure that uses hydraulic fracturing because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt...

Babst Calland: Warren Resources to Acquire Marcellus Assets

By Scott K. McKernan Warren Resources has executed a purchase and sale agreement to acquire Marcellus shale assets from Citrus Energy Corporation and two other working interest owners, reports Shale Energy Insider. The acquired assets, located in Wyoming County, Pennsylvania, are all held by production...

Rice Energy to Acquire Wells and Acreage in Greene County, Pa.

By Scott K. McKernan The Pittsburgh Business Times reports that Rice Energy Inc. is acquiring 12 wells and 22,000 net acres in Greene County, Pennsylvania from Chesapeake Energy Inc. Seven of the wells are currently producing and the five other wells are being developed, according to a statement by...

Pennsylvania’s Landlord and Tenant Act Is not Applicable to Oil and Gas Leases

By Alana E. Fortna In a recent opinion, the Pennsylvania Superior Court addressed whether Pennsylvania’s Landlord and Tenant Act of 1951 (the “Act”), and the applicable statute of frauds contained therein, applies to oil and gas leases.  In Nolt v. TS Calkins & Associates, LP...

Foley & Lardner LLP: N.Y. Property Tax Exemption Extension for Renewable Energy Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible energy system is exempt from certain real property taxes for a period of fifteen...

Foley & Lardner LLP: 1-3 MW Solar RFP Issued in Palo Alto, California

By Jason W. Allen , William D. DuFour III and Justus J. Britt The City of Palo Alto Utilities (CPAU) has issued a request for proposals (RFP) for 1-3 MW (AC) in order to create a CPAU-branded Community Solar Program. The CPAU has stated that its primary objectives for such program are to help facilitate...

Steptoe & Johnson PLLC: Foreign Investors in U.S. Projects Have Right to Due Process in CFIUS Proceedings

Although United States Courts are generally reluctant to interfere in Executive Branch decisions related to national security, the United States Court of Appeals for the D.C. Circuit, in Ralls Corp. v. Committee on Foreign Investment in the United States , 2014 U.S. App. LEXIS 13389, recognized an important...

Solicitation for Federal Loan Guarantees for Renewable Energy Projects Published

On July 3, 2014, the U.S. Department of Energy Loans Program Office published a solicitation for Federal Loan Guarantees for Renewable Energy Projects and Efficient Energy Projects. Under the solicitation, eligible projects include Renewable Energy Projects and Efficient Energy Projects that implement...

New York Public Service Commission Authorizes Longer Term NYSERDA REC Agreements

In a July order , the New York Public Service Commission authorizes the New York State Energy Research and Development Authority (NYSERDA) to offer longer-term, fixed-price renewable energy credit agreements, extending the maximum term from ten to twenty years. Following the 2004 creation of the New...

1-3 MW Solar RFP Issued in Palo Alto, California

The City of Palo Alto Utilities (CPAU) has issued a request for proposals (RFP) for 1-3 MW (AC) in order to create a CPAU-branded Community Solar Program. The CPAU has stated that its primary objectives for such program are to help facilitate reaching the City of Palo Alto’s target of meeting...

Babst Calland: New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Review Act (“SEQRA”...

Babst Calland: U.S. EPA Proposes Amendments to Air Rules Affecting Oil and Gas Industry

By Meredith Odato Graham [On July 17] the U.S. Environmental Protection Agency (USEPA) published proposed amendments to federal air regulations at 40 C.F.R. 60, Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution). Subpart OOOO was first promulgated...

Babst Calland: Commonwealth Court Issues Decision On Remaining Issues In Act 13 Case

By Lawrence H. Baumiller In its far-reaching decision in Robinson v. Commonwealth [ enhanced opinion available to lexis.com subscribers ], which was issued on December 19, 2013, the Pennsylvania Supreme Court invalidated several critical provisions of Act 13. Additionally, the Supreme Court remanded...

Babst Calland: Ohio Supreme Court Accepts Dormant Mineral Act Case

By Michael T. Altvater The Ohio Supreme Court will review a key question of state law concerning application of the Dormant Mineral Act (“DMA”). In Corban v. Chesapeake Exploration, LLC , the United States District Court for the Southern District of Ohio certified the following questions...

Babst Calland: Proposed Pa. Legislation Seeks to Require Use of Steel Products Produced in U.S.

By Elena L. Rorabaugh Two pieces of proposed legislation were introduced to the Pennsylvania Senate on Thursday, July 31. Each has been referred to the Senate Environmental Resources and Energy Committee. Senate Bill 1458 , if passed, would amend Title 58 by requiring that steel casings (or other...

Keller and Heckman LLP: EPA Rulemakings Seek to Buttress Renewable Fuel Program

By Jean-Cyril (JC) Walker and Adrienne M. Timmel Over the past few weeks the U.S. Environmental Protection Agency (“EPA”) finalized several rules affecting its Renewable Fuel Standard (“RFS”) Program. On July 18, 2014, EPA finalized its rules concerning the Renewable Identification...

Troutman Sanders LLP: New York Public Service Commission Authorizes Longer Term NYSERDA REC Agreements

In a July order , the New York Public Service Commission authorizes the New York State Energy Research and Development Authority (NYSERDA) to offer longer-term, fixed-price renewable energy credit agreements, extending the maximum term from ten to twenty years. Following the 2004 creation of the New...

Babst Calland: Pennsylvania’s Natural Gas Production Hits New High in First Half of Year

By Elena L. Rorabaugh As reported in the Pittsburgh Business Times , Pennsylvania’s reported natural gas production in the first six months of 2014 reached 1.9 trillion cubic feet. Production is up from 1.7 trillion cubic feet reported over the second half of 2013 and 1.4 trillion over the first...

Babst Calland: Public Utility Commission Appeals Pennsylvania Act 13 Ruling

By Lawrence H. Baumiller ‘ The Pennsylvania Public Utility Commission appealed the Commonwealth Court’s July 17, 2014 Opinion and Order in the Act 13 case, which resolved a number of issues remanded by the Supreme Court [ enhanced opinion available to lexis.com subwscribers ]. Review...

Health Professionals Call For Reform On Response To Pennsylvania Fracking Concerns

HARRISBURG, Pa. – (Mealey’s) A group of 405 health professionals on Aug. 19 sent a letter to Pennsylvania Gov. Tom Corbett and other state officials calling for reform at the Pennsylvania Department of Health (DOH) based on allegations that the employees of the DOH were instructed not to...

Babst Calland: Kiskiminetas Township, Pa., Approves Oil and Gas Ordinance

By Matthew L. Lambach The Pittsburgh Tribune-Review reports that the Kiskiminetas Township supervisors unanimously enacted an ordinance that will allow for oil and natural gas exploration. The ordinance allows for “reasonable development of land for oil and gas drilling while providing adequate...