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The Commonwealth Court of Pennsylvania affirmed a decision by the Board of Finance and Revenue that found American Electric Power Service Corporation (“Taxpayer”) was subject to Pennsylvania’s gross receipts tax as a wholesale seller of electricity. The...

By Gretchen Ostroff During its last legislative session, the North Carolina legislature passed House Bill 476, [subscribers can access an enhanced version of this legislation: lexis.com | Lexis Advance ], which changed the law regarding pre-excavation...

By George Nicholos Prior to excavating on any construction site or most anywhere – Call Miss Utility first! We have heard the line and seen the words countless times, but what or who exactly is Miss Utility? And what is the big deal about giving...

Much has been made of late about EPA’s authority to develop federal implementation plans (FIPs) to achieve the state-based GHG emissions reduction targets the agency is preparing to establish under Clean Power Plan. Led by Senator Mitch McConnell...

By J. Wylie Donald Last Tuesday night saw a few of us enjoying the charms of Virginia Beach as we recovered from a long day of coal plant demolition. (Lawyers in hard hats. Run from that.) Well, not exactly. We were attending a conference run...

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...

By J. Wylie Donald It’s been a long winter in my neck of the woods and not because Punxsutawney Phil saw his shadow. Pipes froze. Twice. Furnace was out overnight. Broke three shovels. So I had a particular interest this past Wednesday, March...

By J. Wylie Donald When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal...

It was a busy week for the United States and the Obama Administration’s Climate Change Initiative. On October 23, 2015, the Clean Power Plan was published in the Federal Register, [subscribers can access an enhanced version of this rule: lexis...

By Tricia Caliguire Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners...

You are probably well aware of the Environmental Protection Agency’s (“EPA”) Clean Power Plan. You may not be aware that Congressional leaders are asking very pointed questions to the Federal Energy Regulatory Commission (“FERC”...

From the blog that brought you " Can a bridge worker with a fear of heights have a viable ADA claim? ," comes news of a recent federal-court decision which -- well -- you read the title to this blog post. In RRRRRRRRRRRRR Rico v. Xcel Energy...