VNF Issue Alerts
Listed below are Issue Alerts published by Van Ness Feldman.
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EPA Proposes Rules on Implementation of Permitting of Greenhouse Gas Sources Under the Prevention of Significant Deterioration Program
Kyle Danish, Tomás CarbonellAugust 17, 2010
On August 12, 2010, the Environmental Protection Agency released two proposed rules related to state and federal responsibilities for permitting sources of greenhouse gas emissions under the Prevention of Significant Deterioration provisions of the Clean Air Act.
PHMSA Incorporates New and Updated Consensus Standards into Pipeline Safety Regulations and Clarifies Certain Safety Regulations
Susan OlenchukAugust 16, 2010
On August 11, 2010, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a final rule incorporating by reference into the federal pipeline safety regulations new and updated voluntary consensus technical standards and making certain regulatory clarifications. The final rule affects operators of gas and hazardous liquid pipelines, and liquefied natural gas facilities.
NERC Issues Mandatory Data Request to All NERC Registered Entities
Andrew Art, Vincenzo Franco,Kelli Lozier
August 12, 2010
On August 6, 2010, the North American Reliability Corporation (NERC) issued for the first time a mandatory data request directed to all NERC registered entities in the United States and Canada. The data request seeks to assess the impact of revising the criteria used to identify critical assets for purposes of compliance with NERC’s cyber security standards CIP-002 through CIP-009. Responding to the data request will provide registered entities the first opportunity to assess whether the revised criteria will significantly increase their compliance obligations. Responses to the data request are due by September 7, 2010.
House and Senate Leadership Unveil Oil Spill Bills
Jonathan Simon, Jennifer OwenJuly 29, 2010
With more than 40 hearings and multiple Committee mark-ups completed since the April 20, 2010 explosion of the Deepwater Horizon mobile offshore drilling unit in the Gulf of Mexico, Congressional leaders this week detailed their plans for reforming the regulation of oil and gas production on the Outer Continental Shelf.
FERC Issues First Major Ruling on Compatibility of State Feed-in Tariffs with Applicable Federal Energy Law
David Yaffe, Howard Shapiro,Van Smith*
July 22, 2010
In its first major ruling on state feed-in tariffs for renewable resources, the Federal Energy Regulatory Commission partially rejected the State of California’s proposal to require investor-owned utilities to purchase renewable energy from small renewable generators at state-prescribed prices.
Obama Administration Establishes National Policy to Protect Oceans, Coasts, and Great Lakes and Creates National Ocean Council to Oversee and Implement New Policy
Emily Pitlick, John Clements, John Burnes, John Iani, Jon SimonJuly 22, 2010
On July 19, 2010, President Obama issued an Executive Order creating a national policy to promote stewardship of the ocean, coasts, and Great Lakes, to be implemented by federal agencies under the guidance of a new National Ocean Council. The Order provides for the development of coastal and marine spatial plans based on ecosystem management to analyze current and future uses of ocean, coastal, and Great Lakes areas.
Congress Passes Dodd-Frank Wall Street Reform and Consumer Protection Act, Overhauling Regulation of Over-the-Counter Derivatives in Energy and Other Commodities
Lisa Epifani, Tomás CarbonellJuly 20, 2010
On July 15, 2010, the United States Senate passed the conference report on the Dodd-Frank Wall Street Reform and Consumer Protection Act by a 60 to 38 vote. This week, the President is expected to sign the financial reform bill into law. Among the many issues addressed in the Dodd-Frank Act, the most important to the energy industry are new regulations impacting the trading of over-the-counter derivatives in energy and energy-related commodities such as oil, natural gas, electricity, greenhouse gas offset credits, emission allowances, and renewable energy and energy efficiency credits.
EPA Proposes New Interstate Transport Rule and Previews Upcoming Regulatory Agenda
Kyle Danish, Stephen Fotis, Harold BulgerJuly 8, 2010
On July 6, 2010, the Environmental Protection Agency issued a Notice of Proposed Rulemaking that would require a significant reduction in sulfur dioxide and nitrogen oxide emissions from power plants in 31 states located in the Eastern half of the United States. The proposed rule, referred to as the “Transport Rule,” is intended to replace the 2005 Clean Air Interstate Rule.
Departments of the Interior and Energy Agree to Coordinate on Offshore Renewable Energy Projects
Chuck Sensiba, Julia Wood, Tyson KadeJuly 2, 2010
On June 29, 2010, the U.S. Department of the Interior and the U.S. Department of Energy announced a Memorandum of Understanding for the Coordinated Deployment of Offshore Wind and Marine and Hydrokinetic Energy Technologies on the United States Outer Continental Shelf.
PHMSA Issues Advisory Bulletin Requiring Hazardous Liquid Pipeline Operators to Review Oil Spill Response Plans by July 28, 2010
Susan Olenchuk, Emily PitlickJune 29, 2010
In response to the ongoing Deepwater Horizon oil spill in the Gulf of Mexico and the diversion of resources from across the Nation to the areas affected by the spill, on June 28, 2010, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued an Advisory Bulletin reminding operators of onshore hazardous liquid pipeline facilities of the requirement to review and update mandatory oil spill response plans to ensure the necessary response to a properly calculated “worst case discharge.”
PHMSA Proposes to Apply Pipeline Safety Requirements to Low-Stress Hazardous Liquid Pipelines
Susan Olenchuk, Harold BulgerJune 29, 2010
On June 22, 2010, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a Notice of Proposed Rulemaking that would amend existing pipeline safety regulations to make them applicable to all low-stress hazardous liquid pipelines.
Federal District Court Blocks Enforcement of Drilling Moratorium
Jon Simon, Bob SzaboJune 22, 2010
Earlier this afternoon, a federal judge in New Orleans temporarily barred the federal government from enforcing the moratorium imposed by the Obama Administration on deepwater oil and gas drilling activity in late May in response to the Deepwater Horizon oil rig explosion on April 20, 2010.
FERC Issues Proposed Rule on Regional Transmission Planning and Cost Allocation
Vincenzo Franco, Jay Ryan, Jeff WinmillJune 18, 2010
On June 17, 2010, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking (Proposed Rule) to revise the transmission planning and cost allocation requirements set forth in Order No. 890.
Key Post-Spill Energy Policy Issues Begin To Emerge
Bob Szabo, Rick AgnewJune 18, 2010
At the end of an eventful week in the oil spill crisis, the major issues in the federal policy debate began to take shape. This Issue Alert highlights five key issues that are likely to be central to the debate, which will begin in earnest after the July 4th Congressional recess.
FERC Requests Comments on Rate Treatment for New Electric Storage Technologies
Cheryl Feik Ryan, Jay Ryan, Doug SmithJune 16, 2010
On June 11, 2010, the Office of Energy Policy & Innovation at the Federal Energy Regulatory Commission issued a “Request for Comments Regarding Rates, Accounting, and Financial Reporting for New Electric Storage Technologies.”
New Proposed Air Regulations for Boilers Will Require New Controls and Could Affect Biomass, Landfill Gas
Britt Fleming, Mitch Bernstein, Megan CeronskyJune 16, 2010
On June 4, 2010, the U.S. Environmental Protection Agency issued three significant proposed regulations under the Clean Air Act and one rule under the Resource Conservation and Recovery Act that will affect emissions of hazardous air pollutants from solid waste incinerators and from institutional, commercial, and industrial boilers and process heaters (indirect-fired) burning various fuels including coal, oil, natural gas, landfill gas, biomass, and biodiesel.
Senate Defeats Murkowski Resolution to Block EPA Regulation of GHG Emissions Under Existing Clean Air Act Programs
Lisa Epifani, Tomás CarbonellJune 11, 2010
Yesterday, the Senate voted 53 to 47 to defeat a procedural motion that would have allowed consideration of a resolution of disapproval of the Environmental Protection Agency’s (EPA) December 7, 2009 finding under the Clean Air Act that greenhouse gas (GHG) emissions from motor vehicles contribute to an endangerment to public health and welfare. The defeat of the resolution means that EPA can continue on its path to implement GHG regulations for both mobile and stationary sources. This Issue Alert discusses the vote and recaps the state of affairs with regards to EPA activity on GHG initiatives.
Federal Responses to the Gulf of Mexico Oil Spill: Developments to Date and What to Watch for in the Future
Jonathan Simon, Joe Nelson, Jennifer OwenJune 10, 2010
The explosion of the Deepwater Horizon oil rig and subsequent oil spill in the Gulf of Mexico has captured the attention of the general public, as well as government officials, on a historic scale. It is far too early to determine the full environmental, operational, and regulatory impact of the spill, and the full range of public and private sector responses. However, key issues are beginning to emerge that will have significant implications for the broader energy industry--beyond those entities engaged in, or supporting, offshore drilling--and for the manner in which energy is produced, transported, and consumed in the United States. This Issue Alert highlights noteworthy recent developments and identifies major issues to watch in the coming months.
Senate Passes Financial Reform Bill Incorporating More Stringent Regulation of Over-the-Counter Derivatives Markets
Lisa Epifani, Tomás CarbonellMay 25, 2010
On May 20, 2010, after four weeks of floor debate, the Senate passed S.3217, “The Restoring American Financial Stability Act of 2010.”
FERC and California to Coordinate Hydrokinetic Project Review
Matt Love, Julia WoodMay 24, 2010
On May 18, 2010, the Federal Energy Regulatory Commission announced that it had entered into a Memorandum of Understanding with three California State agencies—the California Natural Resources Agency, the California Environmental Protection Agency, and the California Public Utilities Commission—to coordinate the review and approval of hydrokinetic projects in California waters.
EPA Issues “Tailoring Rule” Outlining Clean Air Act Permitting Thresholds for Facilities that Emit Greenhouse Gases
Kyle Danish, Tomas Carbonell, Megan CeronskyMay 14, 2010
On May 13, 2010, the Environmental Protection Agency finalized a rule addressing implementation of certain Clean Air Act permitting programs for stationary sources of greenhouse gas emissions.
Senators Kerry and Lieberman Unveil Draft Energy and Climate Change Bill
Kyle Danish, Stephen Fotis, Megan Ceronsky, Tomás Carbonell, Henry SternMay 13, 2010
On May 12, 2010, Senators John Kerry (D-MA) and Joseph Lieberman (I-CT) released the initial draft of a comprehensive climate change and clean energy bill, titled the “American Power Act.”
D.C. Circuit Reverses FERC Policy on Station Power
Andrew Art, Vincenzo Franco, Jay RyanMay 6, 2010
On May 4, 2010, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) vacated and remanded for further proceedings orders of the Federal Energy Regulatory Commission allowing generators interconnected to the California Independent System Operator to avoid paying retail charges by netting their station power against their gross output.
Gulf of Mexico Oil Spill
May 5, 2010A number of Van Ness Feldman’s clients and friends are affected, directly or indirectly, by this difficult situation. For this reason, Van Ness Feldman has designated a team of professionals to monitor developments and will issue periodic policy alerts on this issue. The firm will continue to inform its clients and friends should developments justify such actions.
FERC Seeks Comments on Lifting Reassignment of Transmission Price Caps and Further Reforms
Vincenzo Franco, Jay Ryan, Patrick DaughertyApril 30, 2010
On April 29, 2010, the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking to permanently lift price caps on the reassignment of transmission capacity. Price caps were lifted in 2007, but only for a study period set to expire in October 2010.
Senate Agriculture Committee Reports Bill to Reform Regulation of Commodity Derivatives
Lisa Epifani, Tomás CarbonellApril 23, 2010
On April 21, 2010, the Senate Committee on Agriculture, Nutrition and Forestry reported Chairman Blanche Lincoln’s (D-AR) derivatives reform legislation, the Wall Street Transparency and Accountability Act of 2010 (the “Lincoln bill”), by a vote of 13 to 8. The Senate is expected to debate financial reform on the floor in the coming weeks, possibly as soon as the week of April 26th.
Key EPA Actions Lay Foundation for Regulation of GHG Emissions Under the Clean Air Act
Kyle Danish, Andrea Campbell, Tomás CarbonellApril 6, 2010
During the week of March 29, 2010, the Environmental Protection Agency concluded two groundbreaking proceedings that initiated the regulation of greenhouse gas emissions under the Clean Air Act.
PHMSA Issues Advisory Bulletins Urging Pipeline Operators to Evaluate Recently Constructed Pipelines for Girth Weld Failures
Susan Olenchuk, Sean JamiesonApril 6, 2010
On March 24, 2010, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued an Advisory Bulletin urging owners and operators of large diameter, high strength natural gas and hazardous liquids pipeline systems to evaluate lines for potential girth weld failures caused by misalignment and other issues.
Three Federal Agencies Sign MOU to Support Hydropower Development at Federal Facilities and on Federal Lands
Mike Swiger, Chuck Sensiba, Julia Wood, Jaime KnepperMarch 26, 2010
Sending a strong signal of support for growth of hydropower in the United States, the heads of three federal key agencies – the Department of Energy, the Department of the Interior, and the Army Corps of Engineers – signed a potentially ground-breaking Memorandum of Understanding on March 24, 2010.
FERC Issues Civil Penalty Guidelines
Andrew Art, Paul Korman, Malcolm McLellanMarch 19, 2010
On March 18, 2010, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement on Penalty Guidelines (Penalty Guidelines). The Penalty Guidelines establish a significant new approach for FERC to use in determining civil penalties “to be imposed on all organizations for violations of the statutes, rules, regulations, restrictions, conditions or orders overseen by [FERC].” (§1A.1.1).
CEQ Issues Draft NEPA Guidance on Consideration of the Effects of Climate Change and Green House Gas Emissions
Joe Nelson, Sam Kalen, Jon SimonFebruary 24, 2010
On February 18, 2010, the Council on Environmental Quality released, for public review and comment, a draft “Guidance Memorandum” on the consideration of greenhouse gas emissions and climate change impacts as part of compliance with the National Environmental Policy Act.
PHMSA Issues Advisory Bulletins Regarding Leak Detection on Hazardous Liquid Pipelines and New Incident and Accident Report Forms
Susan Olenchuk, Sean JamiesonFebruary 12, 2010
The Department of Transportation’s Pipeline and Hazardous Material Safety Administration has recently issued two Advisory Bulletins affecting owners and operators of hazardous liquid pipelines and gas transmission, distribution and gathering systems.
SEC Follows Through with Guidance Regarding Disclosure of Climate Change Risks and Opportunities
Kyle Danish, Henry SternFebruary 9, 2010
On February 8, 2010, the Securities and Exchange Commission (“SEC”) published an interpretive release to provide guidance to public companies regarding the Commission’s existing disclosure requirements as they apply to climate change. In late January, the SEC had voted 3-2 to issue such guidance.
SEC Issues Guidance for Disclosing Material Climate Change Risks
Doug Smith, Kyle Danish, Henry SternFebruary 1, 2010
On January 27, 2010, the United States Securities and Exchange Commission voted 3-2 (along party lines) to issue an Interpretive Release intended to clarify existing disclosure requirements as they apply to “business or legal developments relating to the issue of climate change.”
FERC Proposes New Blanket Authorizations and Waivers for Non-Controlling Investors, Subject to Conditions and Reporting Requirements
Vincenzo FrancoJanuary 27, 2010
On January 21, 2010 the Federal Energy Regulatory Commission issued a Notice of Proposed Rulemaking to propose new blanket authorizations and waivers for non-controlling investors acquiring less than 20% of the outstanding voting securities of certain energy companies and holding companies, subject to conditions and reporting requirements.
FERC Launches Inquiry About Integration of Variable Energy Resources Into the Transmission Grid
Justin MoellerJanuary 26, 2010
On January 21, 2010, the Federal Energy Regulatory Commission issued a Notice of Inquiry to explore whether any of its standardized rules or procedures governing organized energy markets or operation of the transmission grid should be changed to eliminate barriers to the integration of Variable Energy Resources.
FERC Clarifies Jurisdiction Over Demand Response
Jay Ryan, Andrew Art, Vincenzo FrancoJanuary 25, 2010
On January 19, 2010, the Federal Energy Regulatory Commission issued an order clarifying its jurisdiction over demand response services under the Federal Power Act.
FERC Seeks Comments on Whether to Require Electric Quarterly Reporting by Public Power Utilities
Andrew Art, Vincenzo Franco, Jaime KnepperJanuary 25, 2010
On January 21, the Federal Energy Regulatory Commission issued a Notice of Inquiry seeking comments on whether it should require municipal utilities, publicly-owned electric utilities, consumer-owned electric cooperatives, and Federal electric utilities (collectively, Public Power Utilities) to file reports of their wholesale power sales and contracts under FERC’s Electric Quarterly Report program.
The Commodity Futures Trading Commission Proposes Federal Position Limits on Energy Commodities
Nadia ZakirJanuary 25, 2010
On January 14, 2010, the Commodity Futures Trading Commission (CFTC) issued a Notice of Proposed Rulemaking to establish “Federal Speculative Limits for Referenced Energy Contracts and Associated Regulations.” If finalized, the rulemaking will represent the first time that the CFTC would directly impose Federal position limits for the referenced energy commodities.
Supreme Court Holds Mobile-Sierra Doctrine's Public Interest Standard Applies To Third Party Challenges
Howard Shapiro, Gary Bachman, Patrick DaughertyJanuary 20, 2010
In an 8-1 decision, the Supreme Court has ruled that the Mobile-Sierra doctrine applies to third party challenges to negotiated contract rates under the Federal Power Act and the Natural Gas Act.
Weekly Climate Change Policy Update - January 19, 2010
Kyle Danish, Shelley Fidler, Kevin Gallagher, Megan Ceronsky, Tomás CarbonellJanuary 19, 2010
Senate Majority Leader Harry Reid (D-NV) sees a bipartisan climate bill on the floor of the Senate in the Spring . . . Reid and some other Senate Democrats are rallying in opposition to an expected amendment from Senator Lisa Murkowski (R-AK), but it’s not yet clear whether she will offer an amendment and, if she does, what form it will take . . . The countdown is underway: January 31 is the deadline under the Copenhagen Accord for major economies to register their mitigation commitments. It will be a first test of the durability of the Accord.
Court Halts Construction and Limits Operation of Wind Energy Project to Protect the Endangered Indiana Bat
Matthew Love, Sam Kalen, Joe Nelson, Athena Kennedy, Asha VenkataramanDecember 11, 2009
On December 8, 2009, a federal district court in Maryland issued a significant decision in Animal Welfare Institute v. Beech Ridge Energy, LLC enjoining the construction and operation of a wind energy project in West Virginia based upon a conclusion that the project would take endangered Indiana Bats in violation of Section 9 of the Endangered Species Act.
EPA Finalizes Endangerment Finding for Greenhouse Gases
Kyle Danish, Stephen Fotis, Henry SternDecember 9, 2009
On December 7, 2009, girded by Supreme Court-verified authority under section 202(a) of the Clean Air Act, Environmental Protection Agency (EPA) Administrator Lisa Jackson signed two key findings that move EPA one step closer to regulating emissions of greenhouse gases from mobile and stationary sources as early as 2010.
PHMSA Issues Gas Distribution Integrity Management Rule
Susan Olenchuk, Shay MillerDecember 8, 2009
PHMSA has issued its final rule requiring all operators of gas distribution lines to develop and implement integrity management programs for their systems. Operators must implement their integrity management programs by August 2, 2011. PHMSA has also proposed to require pipelines to report on failure of couplings used in metal pipe. Comments on that proposal are due January 4, 2010.
New Regulations Require Pipelines to Implement Control Room Management Programs
Susan Olenchuk, Jeff WinmillDecember 7, 2009
PHMSA has adopted new regulations requiring that gas and hazardous pipeline owners develop and implement written control room management procedures designed to reduce risks associated with human factors, such as fatigue and to ensure that the management of activities in pipeline control rooms contribute to safe pipeline operations. The new regulations apply if the pipeline has a controller in a control room who monitors and controls all or part of a pipeline facility through a SCADA system. Control room management procedures must be implemented by February 1, 2012. The new regulations do not apply to owners and operators of liquefied natural gas facilities.
Public Lands and Natural Resources Update - November 23, 2009
Jon Simon, Matthew Love, Sam Kalen, Jeff Winmill, Tyson Kade, Ashley GarberNovember 23, 2009
Van Ness Feldman's Public Lands and Natural Resources Update is a regular summary of noteworthy policy, regulatory, and litigation developments relating to federal lands and natural resources. To receive the Update via email, please subscribe here: http://www.vnf.com/news-signup.html.
Federal Agencies Execute a New MOU for Coordination on Federal Authorizations for Electric Transmission Infrastructure
Joe Nelson, Ashley Garber, Asha VenkataramanNovember 4, 2009
On October 28, 2009, nine federal agencies entered into a Memorandum of Understanding to improve the coordination of federal authorizations and reviews required for electric transmission projects.
PHMSA Seeks Comments on the Enforcement of State Pipeline Damage Prevention Laws and Existing Regulatory Requirements Regarding Pipeline Operators’ Damage Prevention Programs
Susan Olenchuk, Adam SchicheNovember 2, 2009
PHMSA has initiated a rulemaking proceeding seeking feedback on (1) how it should determine whether a state’s enforcement of its pipeline damage prevention laws is adequate; (2) how PHMSA should enforce damage prevention requirements against excavators in states with inadequate enforcement programs; and (3) existing regulatory requirements that pipeline operators have written damage prevention programs.
First Circuit Affirms District Court Decision Striking Down State Effort to Regulate Siting and Construction of LNG Terminal
John Burnes, Ashley GarberOctober 28, 2009
On October 26, the U.S. Court of Appeals for the First Circuit upheld a decision of the U.S. District Court for the District of Rhode Island, and held that the failure of the Rhode Island Coastal Resources Management Council to respond within six months to an application for Coastal Zone Management Act (CZMA) consistency certification results in a conclusive presumption of consistency under the CZMA.
Obama Orders Federal Agencies to Set Targets to Reduce Agency Emissions
Shelley Fidler, Doug Smith, Megan CeronskyOctober 27, 2009
On October 5, 2009, President Obama issued Executive Order 13514 – Federal Leadership in Environmental, Energy, and Economic Performance – which directs each Federal agency to set a target to reduce its direct and indirect greenhouse gas emissions.
Fifth Circuit Reinstates State Class Action Lawsuit Seeking Global Climate Damages
Howard Shapiro, Stephen Fotis, Dan NeilsenOctober 26, 2009
A panel of the federal court of appeals for the Fifth Circuit has reinstated a class action tort suit against major energy, fuel and chemical companies seeking damages for property losses caused by Hurricane Katrina.
FERC Clarifies the Affiliate Standards of Conduct for Natural Gas Pipelines in Most Respects
John Burnes, Susan Olenchuk, Dan NeilsenOctober 20, 2009
On October 15, 2009, the Federal Energy Regulatory Commission issued Order No. 717-A addressing numerous requests for rehearing of the Standards of Conduct for Transmission Providers applicable to interstate natural gas pipelines regulated under the Natural Gas Act and public utilities regulated under the Federal Power Act.
FERC Expands Employees Subject to Standards of Conduct
Gary Bachman, Cheryl RyanOctober 20, 2009
In an October, 15, 2009 order that purported to be a routine clarification order, the Federal Energy Regulatory Commission made two important policy changes that will affect Standards of Conduct compliance at electric utilities.
FERC and NERC Reach Record $25 Million Civil Penalty Settlement with FPL Related to Florida Blackout
Gary Bachman, Andrew Art, Vincenzo Franco, Willie PhillipsOctober 13, 2009
On October 8, 2009, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) reached a record $25 million settlement agreement with Florida Power and Light Company to resolve a joint FERC-NERC enforcement investigation of a February 26, 2008 widespread blackout affecting Florida.
EPA Proposes to "Tailor" Applicability of Greenhouse Gas Emission Regulations for Stationary Sources
Kyle Danish, Stephen Fotis, Britt Fleming, Doug Smith, Megan CeronskyOctober 9, 2009
On September 30, 2009, EPA issued a proposed rule to limit the size (and therefore the number) of greenhouse gas emission sources that would be regulated under the Clean Air Act’s construction and operating permit programs.
EPA Finalizes Rule Establishing Mandatory Reporting of Greenhouse Gas Emissions
Doug Smith, Kyle Danish, Tomás CarbonellOctober 5, 2009
On September 22, 2009, the Environmental Protection Agency issued a final rule establishing an economy-wide system for mandatory reporting of greenhouse gas emissions.
Senators John Kerry and Barbara Boxer Introduce Comprehensive Climate Change and Clean Energy Legislation
Doug Smith, Kyle Danish, Tomás Carbonell, Henry SternOctober 2, 2009
On September 30, 2009, Senators John Kerry (D-MA), Chairman of the Foreign Relations Committee, and Barbara Boxer (D-CA), Chairman of the Committee on Environment and Public Works, introduced the Clean Energy Jobs and American Power Act (the Kerry-Boxer bill).
Second Circuit Reinstates Lawsuit Claiming GHG Emissions from Six Utilities Constitute Nuisance Under Federal Common Law
Howard Shapiro, Sam Kalen, Tomás CarbonellSeptember 24, 2009
The United States Court of Appeals for the Second Circuit has reinstated a suit against six of the nation’s largest electric utilities, claiming that their emissions of greenhouse gases from coal-fired generating plants are causing harmful climate change and should be enjoined as a public nuisance under federal common law.
MMS and FERC Issue Guidance for Renewable Energy Development on the OCS
Chuck Sensiba, Jon Simon, Julia WoodAugust 13, 2009
On August 4, 2009, the Minerals Management Service of the Department of the Interior issued new guidelines for the implementation of its renewable energy program on the Outer Continental Shelf.
PHMSA Proposes to Incorporate New and Updated Voluntary Consensus Standards into Pipeline Safety Regulations and to Clarify Certain Safety Regulations
Emily Pitlick, Susan Olenchuk, John Burnes, Meaghan Curry, Mona TandonAugust 5, 2009
On July 22, 2009 the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice of proposed rulemaking proposing to incorporate 41 new and updated voluntary consensus standards into federal pipeline safety regulations. PHMSA also is proposing to clarify several regulatory requirements. Van Ness Feldman's Pipeline Safety Team has prepared an overview of the proposed rule, which will affect regulatory requirements applicable to operators of gas pipelines, LNG facilities, and hazardous liquid pipelines.
Public Lands and Natural Resources Update - July 15, 2009
Jon Simon, Matthew Love, Sam Kalen, Tyson Kade, Andrew VanderJack, Jeff WinmillJuly 15, 2009
Van Ness Feldman's Public Lands and Natural Resources Update is a regular summary of noteworthy policy, regulatory, and litigation developments relating to federal lands and natural resources. To receive the Update via email, please subscribe here. http://www.vnf.com/news-signup.html
PHMSA Proposes to Modify Reporting and Notification Requirements for Pipelines and to Establish New Requirements for LNG Facilities
Susan Olenchuk, John Burnes, Marisa SwensonJuly 8, 2009
On July 2, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration proposed new regulations that would revise reporting and notification requirements applicable to operators of gas and hazardous liquid pipelines and implement new reporting and notification requirements for operators of liquefied natural gas facilities.
House Passes Climate Change and Clean Energy Bill
Doug Smith, Kyle Danish, Megan Ceronsky, Tracy NagelbushJune 30, 2009
On June 26th, the House of Representatives voted 219 to 212 to pass H.R. 2454, the American Clean Energy and Security Act, marking the first time a body of Congress has passed legislation to regulate greenhouse gas emissions.
Supreme Court Holds that Mine Tailings May Be Regulated as “Fill Material” under the Clean Water Act
John Iani, Andrew VanderJackJune 24, 2009
On Monday, June 22, 2009, the Supreme Court, in Coeur Alaska, Inc. v. Southeast Alaska Conservation Council et al., reversed a decision of the Ninth Circuit that had invalidated a permit issued by the Army Corps of Engineers for the discharge of mine slurry from an Alaska gold mine into a lake located three miles from the mine site.
Eleventh Circuit Holds that Transfers of Pollutants Among Waters of the United States Are Exempted from Clean Water Act Section 402 Requirements
Sam Kalen, Chuck Sensiba, Tomás CarbonellJune 15, 2009
On June 4, 2009, the United States Court of Appeals for the Eleventh Circuit held in Friends of the Everglades v. South Florida Water Management District that Section 402 of the Clean Water Act does not apply to discharges of pollutants resulting from a water transfer between distinct bodies of navigable water.
PHMSA Issues Advisory Bulletin Regarding Microalloyed High Grade Pipe That May Not Meet Minimum Specifications
Susan Olenchuk, Justin MoellerMay 29, 2009
On May 14, 2009, the Department of Transportation’s Pipeline and Hazardous Material Safety Administration issued an Advisory Bulletin advising owners and operators of newly constructed natural gas and hazardous liquids pipeline systems that recently installed microalloyed high grade line pipe (generally Grade X-70 and above) may exhibit inconsistent chemical and mechanical properties.
MMS Issues Final Regulations Governing Renewable Energy Projects on the OCS
Jon Simon, Patrick DaughertyApril 24, 2009
On April 22, 2009, the Minerals Management Service of the U.S. Department of Interior issued its long-awaited final regulations implementing its authority under Section 388 of the Energy Policy Act of 2005 to grant leases, easements, and rights-of-way for renewable energy projects on the Outer Continental Shelf.
EPA Issues Proposed "Endangerment Finding," A Precursor to Greenhouse Gas Regulation Under the Clean Air Act
Kyle Danish, Doug Smith, Tomás CarbonellApril 20, 2009
On April 17, 2009, the Environmental Protection Agency (EPA) issued a proposed finding that six greenhouse gases (GHGs) endanger the public health and welfare under Section 202(a) of the Clean Air Act (CAA). This “endangerment finding” also proposed to conclude that motor vehicle emissions contribute to GHG pollution, laying the groundwork for EPA to issue vehicle GHG emission standards.
FERC & MMS Sign Agreement Clarifying Jurisdiction Over Renewable Energy Projects on the OCS
Chuck Sensiba, Julia Wood, Patrick DaughertyApril 10, 2009
On April 9, 2009, the Federal Energy Regulatory Commission and the U.S. Department of the Interior signed a Memorandum of Understanding regarding jurisdictional oversight of hydrokinetic and other renewable energy projects on the Outer Continental Shelf.
Public Lands and Natural Resources Update - April 7, 2009
Jonathan Simon, Mathew Love, Sam Kalen, Jeffery WinmillApril 7, 2009
Van Ness Feldman's Public Lands and Natural Resources Update is a regular summary of noteworthy policy, regulatory, and litigation developments relating to federal lands and natural resources. To receive the Update via email, please subscribe here. http://www.vnf.com/news-signup.html
Supreme Court Finds EPA Permissibly Relied on Cost-Benefit Analyses in Its Phase II Cooling Water Intake Rule
Stephen Fotis, Sam Kalen, Howard Shapiro, Mona TandonApril 3, 2009
On April 1, 2009, a divided Supreme Court ruled that the Environmental Protection Agency permissibly relied on cost-benefit analyses under the Clean Water Act in setting national performance standards to protect aquatic organisms from cooling water intake structures at large, existing power-producing facilities, and in providing for variances from those standards based on cost-benefit comparisons.
DOE Issues Loan Guarantee for Renewable Energy Project
Ben Yamagata, Mike McBride, Jennifer OwenMarch 23, 2009
The Department of Energy announced on Friday, March 20, a conditional commitment to provide a loan guarantee to Solyndra, Inc., a California solar manufacturer. The $535 million loan guarantee is the Department's first guarantee under the authority provided to it under Title XVII of the Energy Policy Act of 2005.
FERC Issues a Proposed Policy Statement on Smart Grid Technology and Rate Issues
Jay RyanMarch 20, 2009
On March 19, 2009, the Federal Energy Regulatory Commission issued a proposed policy statement and action plan to facilitate development and deployment of Smart Grid technologies.
Court Dismisses State Challenge to FERC Environmental Conditions
Bob ChristinMarch 17, 2009
The U.S. Court of Appeals for the D.C. Circuit dismissed for lack of standing a petition by the Delaware Department of Natural Resources and Environmental Control challenging orders by the Federal Energy Regulatory Commission that conditionally approved an application by Crown Landing LLC under the Natural Gas Act to site, construct and operate a liquefied natural gas terminal at the mouth of the Delaware River.