VNF Alerts Archive
VNF Alerts cover regulatory and policy developments across all areas of our practice.
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EPA Proposes Rules on Implementation of Permitting of Greenhouse Gas Sources Under the Prevention of Significant Deterioration Program
August 17, 2010PHMSA Incorporates New and Updated Consensus Standards into Pipeline Safety Regulations and Clarifies Certain Safety Regulations
August 16, 2010House and Senate Leadership Unveil Oil Spill Bills
July 29, 2010FERC Issues First Major Ruling on Compatibility of State Feed-in Tariffs with Applicable Federal Energy Law
July 22, 2010Departments of the Interior and Energy Agree to Coordinate on Offshore Renewable Energy Projects
July 2, 2010PHMSA Proposes to Apply Pipeline Safety Requirements to Low-Stress Hazardous Liquid Pipelines
June 29, 2010Key Post-Spill Energy Policy Issues Begin To Emerge
June 18, 2010New Proposed Air Regulations for Boilers Will Require New Controls and Could Affect Biomass, Landfill Gas
June 16, 2010Senate Defeats Murkowski Resolution to Block EPA Regulation of GHG Emissions Under Existing Clean Air Act Programs
June 11, 2010Federal Responses to the Gulf of Mexico Oil Spill: Developments to Date and What to Watch for in the Future
June 10, 2010Senate Passes Financial Reform Bill Incorporating More Stringent Regulation of Over-the-Counter Derivatives Markets
May 25, 2010EPA Issues “Tailoring Rule” Outlining Clean Air Act Permitting Thresholds for Facilities that Emit Greenhouse Gases
May 14, 2010Gulf of Mexico Oil Spill
May 5, 2010FERC Seeks Comments on Lifting Reassignment of Transmission Price Caps and Further Reforms
April 30, 2010Senate Agriculture Committee Reports Bill to Reform Regulation of Commodity Derivatives
April 23, 2010Key EPA Actions Lay Foundation for Regulation of GHG Emissions Under the Clean Air Act
April 6, 2010PHMSA Issues Advisory Bulletins Urging Pipeline Operators to Evaluate Recently Constructed Pipelines for Girth Weld Failures
April 6, 2010Three Federal Agencies Sign MOU to Support Hydropower Development at Federal Facilities and on Federal Lands
March 26, 2010FERC Issues Civil Penalty Guidelines
March 19, 2010CEQ Issues Draft NEPA Guidance on Consideration of the Effects of Climate Change and Green House Gas Emissions
February 24, 2010PHMSA Issues Advisory Bulletins Regarding Leak Detection on Hazardous Liquid Pipelines and New Incident and Accident Report Forms
February 12, 2010SEC Follows Through with Guidance Regarding Disclosure of Climate Change Risks and Opportunities
February 9, 2010SEC Issues Guidance for Disclosing Material Climate Change Risks
February 1, 2010FERC Proposes New Blanket Authorizations and Waivers for Non-Controlling Investors, Subject to Conditions and Reporting Requirements
January 27, 2010FERC Launches Inquiry About Integration of Variable Energy Resources Into the Transmission Grid
January 26, 2010FERC Clarifies Jurisdiction Over Demand Response
January 25, 2010FERC Seeks Comments on Whether to Require Electric Quarterly Reporting by Public Power Utilities
January 25, 2010The Commodity Futures Trading Commission Proposes Federal Position Limits on Energy Commodities
January 25, 2010Supreme Court Holds Mobile-Sierra Doctrine's Public Interest Standard Applies To Third Party Challenges
January 20, 2010Weekly Climate Change Policy Update - January 19, 2010
January 19, 2010Court Halts Construction and Limits Operation of Wind Energy Project to Protect the Endangered Indiana Bat
December 11, 2009EPA Finalizes Endangerment Finding for Greenhouse Gases
December 9, 2009PHMSA Issues Gas Distribution Integrity Management Rule
December 8, 2009Public Lands and Natural Resources Update - November 23, 2009
November 23, 2009Federal Agencies Execute a New MOU for Coordination on Federal Authorizations for Electric Transmission Infrastructure
November 4, 2009First Circuit Affirms District Court Decision Striking Down State Effort to Regulate Siting and Construction of LNG Terminal
October 28, 2009FERC Clarifies the Affiliate Standards of Conduct for Natural Gas Pipelines in Most Respects
October 20, 2009FERC Expands Employees Subject to Standards of Conduct
October 20, 2009FERC and NERC Reach Record $25 Million Civil Penalty Settlement with FPL Related to Florida Blackout
October 13, 2009EPA Proposes to "Tailor" Applicability of Greenhouse Gas Emission Regulations for Stationary Sources
October 9, 2009Senators John Kerry and Barbara Boxer Introduce Comprehensive Climate Change and Clean Energy Legislation
October 2, 2009Second Circuit Reinstates Lawsuit Claiming GHG Emissions from Six Utilities Constitute Nuisance Under Federal Common Law
September 24, 2009House Passes Climate Change and Clean Energy Bill
June 30, 2009Supreme Court Holds that Mine Tailings May Be Regulated as “Fill Material” under the Clean Water Act
June 24, 2009PHMSA Issues Advisory Bulletin Regarding Microalloyed High Grade Pipe That May Not Meet Minimum Specifications
May 29, 2009EPA Issues Proposed "Endangerment Finding," A Precursor to Greenhouse Gas Regulation Under the Clean Air Act
April 20, 2009FERC & MMS Sign Agreement Clarifying Jurisdiction Over Renewable Energy Projects on the OCS
April 10, 2009Supreme Court Finds EPA Permissibly Relied on Cost-Benefit Analyses in Its Phase II Cooling Water Intake Rule
April 3, 2009DOE Issues Loan Guarantee for Renewable Energy Project
March 23, 2009Court Rejects FERC’s Expansive Interpretation of Backstop Transmission Siting Authority
February 23, 2009FERC Allows Merchant Transmission Projects to Employ “Anchor Customer” Model for Early Subscription
February 20, 2009PHMSA Finalizes Procedures for Safety Orders and Special Permits
January 26, 2009FERC Issues Guidance Order on NERC Compliance Audits
January 21, 2009D.C. Circuit Vacates EPA’s Exemption for Excess Emissions During Startup, Shutdown and Malfunction Episodes for Major Sources of Air Toxics
December 23, 2008Final Rule on ESA Consultation Regulations Published: Litigation, Congressional Reaction and New Administration Will Shape Eventual Implementation
December 16, 2008FERC Clarifies Holding Companies’ Reporting Obligations, Asserts Jurisdiction over Activities of Investment Companies and Advisers
December 3, 2008FERC Adopts New Information Posting Requirements for Interstate and Major Non-Interstate Gas Pipelines
November 24, 2008FERC Reaffirms Modifications to Capacity Release Regulations
November 24, 2008FERC Seeks Comments on Whether to Require Intrastate and Hinshaw Pipelines that Provide Interstate Services to Post Details of Transportation Transactions
November 24, 2008Post-Election Update
November 6, 2008PHMSA Issues Final Rule Allowing Certain Gas Transmission Pipelines to Operate at Higher Pressures
October 24, 2008FERC Issues Policy Statement on Key Elements of Compliance Programs
October 21, 2008FERC Issues Revised Standards of Conduct for Transmission Providers
October 21, 2008FERC Affirms Jurisdiction over Hydrokinetic Projects on the OCS
October 17, 2008Representatives Dingell and Boucher Release Discussion Draft of Climate Change Legislation
October 9, 2008Ninth Circuit Affirms District Court Mandate that EPA Issue Regulations Pursuant to Clean Water Act
September 29, 2008FERC Clarifies New Annual Reporting Requirement for Natural Gas Sellers and Buyers and Adopts One-Time Safe Harbor
September 24, 2008PHMSA Proposes Regulations to Require Pipeline Operators to Improve Control Room Management
September 22, 2008D.C. Circuit Vacates Clean Air Interstate Rule, Creating Uncertainty for Air Regulatory Programs
July 14, 2008FERC Modifies Capacity Release Regulations
June 27, 2008FERC Issues New Enforcement Policy and Regulations
May 19, 2008PHMSA Issues Interim Final Rule Establishing Procedures for Safety Orders and Special Permits
April 2, 2008EPA Lowers the 8-Hour Ozone Standard to 0.075 ppm
March 14, 2008PHMSA Issues Advisory Bulletin Regarding Mechanical Couplings Used in Natural Gas Distribution Systems
March 5, 2008FERC Poised to Review NERC Registration of Generator as Transmission Owner and Transmission Operator
February 12, 2008D.C. Circuit Strikes down EPA’s Clean Air Mercury Rule
February 11, 2008DC Circuit Reconfirms FERC’s Remedial Discretion
December 21, 2007Energy Independence and Security Act Becomes Law; Congress Acts on Additional Energy-Related Bills but Issues Remain for 2008
December 20, 2007Lieberman-Warner Climate Security Act Clears Senate Committee Markup: Future Prospects Uncertain
December 7, 2007FERC Issues Staff Report on Enforcement
November 14, 2007FERC Issues Final Rule Amending Regulations for Processing Critical Energy Infrastructure Information
November 2, 2007FERC Issues Final Rule Revising Blanket Certificate Regulations
October 23, 2007Lieberman-Warner Climate Change Cap-and-Trade Bill Seen as Framework for Senate Climate Debate
October 19, 2007FERC Proposes to Amend Financial Reporting Requirements for Natural Gas Pipeline Companies and Seeks Comments on Fuel Retention Practices
September 27, 2007New Ethics and Lobbying Reform Legislation Signed Into Law
September 24, 2007Congress Prepares to Debate Climate Change Legislation This Fall
September 12, 2007Ninth Circuit Adopts Justice Kennedy’s “Significant Nexus” Test As Described in Rapanos
August 27, 2007Closely Divided U.S. Supreme Court Rejects Effort to Expand the Scope of the Endangered Species Act
June 27, 2007U.S. District Court Upholds State Authority Under Coastal Zone Management Act to Block Siting of LNG Terminals
June 26, 2007EPA Proposes to Lower the 8-Hour Ozone Standard
June 21, 2007Supreme Court Holds That Potentially Responsible Parties May Recover Voluntary Cleanup Costs Under CERCLA
June 14, 2007Energy Legislation Outlook in the 110th Congress
May 30, 2007PHMSA Proposes to Extend Safety Regulations to Rural Large-Diameter Low-Stress Hazardous Liquid Pipelines
May 22, 2007Supreme Court Overturns Fourth Circuit’s Interpretation of the Definition of “Modification” in EPA’s NSR Regulations
April 4, 2007FERC Issues Final Rule on Open Access Reform
February 23, 2007Ninth Circuit Clarifies the Requirements for Incidental Take Statements Prepared During Endangered Species Act Section 7 Consultations
February 22, 2007District Court Strikes Down Clean Water Act Tulloch II Dredging Rule
February 2, 2007Second Circuit Invalidates Key Provisions of EPA’s Phase II Cooling Water Intake Rule
January 31, 2007U.S. District Court Finds Local Zoning Law Preempted by FERC’s Exclusive LNG Terminal Siting Authority under the Natural Gas Act
January 26, 2007FERC Proposes Changes to Standards of Conduct Applicable to Electric Transmission Providers
January 25, 2007More Greenhouse Gas Bills Introduced In U.S. Senate
January 24, 2007FERC Proposes Revised Standards of Conduct
January 23, 2007Senators Circulate Mandatory Greenhouse Gas Reduction Legislation
January 17, 2007FERC Issues Revised Interim Standards of Conduct for Interstate Natural Gas Pipelines
January 11, 2007DHS Proposes Rule to Secure “High-Risk” Chemical Facilities
January 10, 2007FERC Issues Statement of Administrative Policy Regarding Procedures to Assess Civil Penalties
January 4, 2007FERC Staff Issues Preliminary Assessment of NERC’s Proposed Critical Infrastructure Protection Reliability Standards
January 3, 2007Ninth Circuit Modifies Mobile-Sierra Review, Eases Test for Repricing Power Sales Contracts
December 22, 2006Ninth Circuit Holds that Ongoing Hydroelectric Operations and License Reopeners Do Not Trigger Consultation Under § 7 of the Endangered Species Act
December 14, 2006Congress Reauthorizes Pipeline Safety Programs and Increases Department of Transportation’s Enforcement Authority
December 11, 2006U.S. Supreme Court Hears Oral Argument in First Global Warming Case
Van Ness Feldman Issue AlertNovember 30, 2006
D.C. Circuit Vacates FERC Order No. 2004's Standards of Conduct as Applied to Natural Gas Pipelines
Van Ness Feldman Issue AlertNovember 20, 2006
Ninth Circuit Clarifies Scope of the Federal Government’s Trust Responsibilities to Indian Tribes
Van Ness Feldman Issue AlertNovember 14, 2006
New Leadership in Congress Emerges From Mid-Term Election
Van Ness Feldman Issue AlertNovember 10, 2006
FERC Issues Final Rule Expanding Scope of Blanket Certificate Authority
Van Ness Feldman Issue AlertOctober 26, 2006
FERC Takes Next Step Toward Establishing Mandatory and Enforceable Reliability Standards for Summer 2007
Van Ness Feldman Issue AlertOctober 24, 2006
FERC Issues Rules Implementing Energy Policy Act of 2005
Van Ness Feldman Issue AlertOctober 23, 2006
DHS and FERC Finalize Procedures for Critical Infrastructure Information Programs
Van Ness Feldman Issue AlertOctober 12, 2006
An inconvenient state?
This article first appeared in the October 2006 issue of Environmental Finance magazine.October 1, 2006
EPA Signs Final Rule to Revise National Ambient Air Quality Standards for Particulate Matter
Van Ness Feldman Issue AlertSeptember 27, 2006
FERC Issues Policy Statement on Hydropower Licensing Settlements
Van Ness Feldman Issue AlertSeptember 26, 2006
Rockies Express Preliminary Determination Approves Rate and Contractual Offerings Based on Shipper Commitment
Van Ness Feldman Issue AlertSeptember 25, 2006
District Court Requires EPA to Regulate Vessel Discharges in U.S. Ports
Van Ness Feldman Issue AlertSeptember 22, 2006
Federal Agencies Propose Environmental Rules for Energy Projects on Indian Reservations
Van Ness Feldman Issue AlertSeptember 7, 2006
California Legislature Approves Statewide Cap on Greenhouse Gas Emissions
Van Ness Feldman Issue AlertSeptember 1, 2006
FERC Issues Final Rule Requiring Organized Markets to Offer Long-Term Transmission Rights
Van Ness Feldman Issue AlertAugust 3, 2006
FERC Issues Proposed Rule Expanding Scope of Blanket Certificate Authority
Van Ness Feldman Issue AlertJune 29, 2006
Federal Siting of Electric Transmission Lines: FERC Proposes Regulations
Van Ness Feldman Issue AlertJune 21, 2006
FERC Issues Policy Statement on Natural Gas Quality & Interchangeability and Rejects Claim that LNG Caused Leaks
Van Ness Feldman Issue AlertJune 19, 2006
EPA Proposes CWA Rule Excluding Water Transfers From NPDES Permitting Requirements
Van Ness Feldman Issue AlertJune 8, 2006
Ninth Circuit Rejects NRC's Rationale for Declining to Consider Terrorism Risks in NEPA Review of Spent Nuclear Fuel Storage Facility
Van Ness Feldman Issue AlertJune 8, 2006
Supreme Court to Address Lower Courts’ Jurisdiction to Review the Definition of “Modification” in EPA’s NSR and NSPS Regulations
Van Ness Feldman Issue AlertJune 1, 2006
Update on Implementation of Clean Coal Provisions Included in the Energy Policy Act of 2005
Presented at Electric Power ConferenceMay 2, 2006