VNF Issue Alerts
Listed below are Issue Alerts published by Van Ness Feldman.
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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.
Court Rejects FERC’s Expansive Interpretation of Backstop Transmission Siting Authority
Joe Nelson, Doug Smith, Dan NeilsenFebruary 23, 2009
On February 18, 2009, the U.S. Court of Appeals for the Fourth Circuit issued a decision reversing, vacating and remanding key elements of the Federal Energy Regulatory Commission’s (FERC) final rule implementing its backstop siting authority under Section 216 of the Federal Power Act (FPA). Piedmont Environmental Council v. FERC, No. 07-1651 (4th Cir. Feb. 18, 2009).
FERC Allows Merchant Transmission Projects to Employ “Anchor Customer” Model for Early Subscription
Peg Moore, Justin MoellerFebruary 20, 2009
On February 19, 2009, the Federal Energy Regulatory Commission issued an order authorizing two merchant transmission developers, Chinook Power Transmission, LLC and Zephyr Power Transmission, LLC, to sell transmission rights at negotiated rates without allocating 100% of the initial transmission capacity through an open season.
PHMSA Finalizes Procedures for Safety Orders and Special Permits
Susan Olenchuk, Emily PitlickJanuary 26, 2009
On January 16, 2009, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a final rule that establishes procedures for issuing Safety Orders and submitting requests for emergency and non-emergency Special Permits.
FERC Issues Guidance Order on NERC Compliance Audits
Andrew Art, Willie PhillipsJanuary 21, 2009
On January 15, the Federal Energy Regulatory Commission issued guidance to improve the consistency of compliance audits conducted by the North American Electric Reliability Corporation, and eight Regional Entities with delegated responsibility for enforcing the mandatory Reliability Standards approved by FERC.
D.C. Circuit Vacates EPA’s Exemption for Excess Emissions During Startup, Shutdown and Malfunction Episodes for Major Sources of Air Toxics
Britt Fleming, Tomas CarbonellDecember 23, 2008
On December 19, 2008, the U.S. Court of Appeals for the District of Columbia Circuit vacated a major Environmental Protection Agency rule exempting large industrial sources from the Clean Air Act’s standards for hazardous air pollutants (HAPs) during periods of startup, shutdown and malfunction (Sierra Club v. EPA, No. 02-1135 (D.C. Cir. Dec. 19, 2008). Unless the decision is vacated by the Court of Appeals on rehearing or by the Supreme Court on certiorari, the decision will dramatically change the regulatory framework for HAPs emitted by large industrial sources.
Final Rule on ESA Consultation Regulations Published: Litigation, Congressional Reaction and New Administration Will Shape Eventual Implementation
Joe Nelson, Matt LoveDecember 16, 2008
A final rule modifying the implementing regulations for section 7 of the Endangered Species Act was published in the Federal Register today and will become effective on January 15, 2009.
FERC Clarifies Holding Companies’ Reporting Obligations, Asserts Jurisdiction over Activities of Investment Companies and Advisers
Vincenzo FrancoDecember 3, 2008
FERC issued orders clarifying the reporting obligations of holding companies under the Public Utility Holding Company Act of 2005 (PUHCA) and asserting jurisdiction under section 203(a)(2) of the Federal Power Act (FPA) over the activities of investment companies and advisers. The orders clarify when holding companies must submit notices of material changes in facts under PUHCA and when investment companies and advisers must seek prior authorization under FPA § 203(a)(2) in connection with managing securities that they are authorized to vote. Entities that should have previously made a filing in light of these clarifications may submit a PUHCA notification by January 9, 2009 or an FPA § 203(a)(2) application by February 23, 2009.
FERC Adopts New Information Posting Requirements for Interstate and Major Non-Interstate Gas Pipelines
Susan Olenchuk, Gregory JungeNovember 24, 2008
FERC issued a Final Rule adopting new regulations that require certain “major non-interstate pipelines” and interstate pipelines to publicly post certain operational and scheduling information. “Major non-interstate pipelines” will have 150 days from the date of publication in the Federal Register to comply with the Final Rule. Interstate pipelines must comply with the new regulations 60 days from the date of publication in the Federal Register.
FERC Reaffirms Modifications to Capacity Release Regulations
Susan Olenchuk, Megan CeronskyNovember 24, 2008
FERC issued an order reaffirming and clarifying its recently-adopted modifications to its regulations governing the release of firm transportation capacity on interstate natural gas pipelines. The revised regulations become effective 30 days after publication in the Federal Register.
FERC Seeks Comments on Whether to Require Intrastate and Hinshaw Pipelines that Provide Interstate Services to Post Details of Transportation Transactions
Susan Olenchuk, Justin MoellerNovember 24, 2008
FERC issued a Notice of Inquiry to explore whether intrastate pipelines and Hinshaw pipelines providing interstate transportation and storage services should be required to post details of their transactions with shippers in a manner comparable to the posting requirements of interstate pipelines. Comments are due 60 days after the NOI is published in the Federal Register.
Post-Election Update
Edited by Curt RichNovember 6, 2008
Democrats captured the White House and substantially improved their majorities in the U.S. Senate and House of Representatives during Tuesday’s national elections. President-elect Barack Obama and his team plan to move quickly with a transition plan, with key cabinet positions possibly being announced as early as next week.
PHMSA Issues Final Rule Allowing Certain Gas Transmission Pipelines to Operate at Higher Pressures
Susan Olenchuk, Justin MoellerOctober 24, 2008
The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration issued a final rule allowing operators of gas transmission pipelines to elect to calculate higher maximum allowable operating pressures for certain lines by using higher design factors. Under the new regulations, pipeline operators will no longer require special permits to operate at higher pressures. The final rule takes effect November 17, 2008.
FERC Issues Policy Statement on Key Elements of Compliance Programs
Doug Smith, Vincenzo Franco, Shay MillerOctober 21, 2008
FERC issued a Policy Statement on Compliance, which provides additional guidance on the key elements of internal compliance programs that FERC will consider in deciding whether to reduce or forego potential civil penalties for violations.
FERC Issues Revised Standards of Conduct for Transmission Providers
Susan Olenchuk, Mike ChaseOctober 21, 2008
FERC issued a final rule revising 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. The revised Standards have three core elements: an independent functioning rule, a transparency rule, and a no-conduit rule. Transmission Providers may seek waivers. The new rules become effective 30 days after publication in the Federal Register, except that employees must be trained on the rule’s requirements within 60 days of the rule’s publication.
FERC Affirms Jurisdiction over Hydrokinetic Projects on the OCS
Chuck Sensiba, Julia WoodOctober 17, 2008
FERC strongly affirmed its jurisdiction over wave energy projects on the outer continental shelf (OCS). This decision is notable because its assertion of jurisdiction over hydrokinetic projects on the OCS has been a matter of intense dispute between FERC and the Minerals Management Service of the Department of the Interior-a dispute which hampers the timely development of certain offshore renewable energy projects.
Representatives Dingell and Boucher Release Discussion Draft of Climate Change Legislation
Doug Smith, Kyle Danish, Tomas CarbonellOctober 9, 2008
Rep. John Dingell (D-MI), Chairman of the House Committee on Energy and Commerce, and Rep. Rick Boucher (D-VA), Chairman of the Subcommittee on Energy and Air Quality, released a “discussion draft” climate change bill intended to stimulate discussion and serve as a basis for legislation in the next Congress.
Ninth Circuit Affirms District Court Mandate that EPA Issue Regulations Pursuant to Clean Water Act
John Iani, Sam Kalen, Matt Love, Athena KennedySeptember 29, 2008
The U.S. Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Central District of California requiring the United States Environmental Protection Agency to promulgate effluent limitations guidelines and new source performance standards for pollution discharges caused by the construction and development industry.
Texas State Court of Appeals Rules that Natural Gas Stored in FERC-Regulated Storage Facilities Constitutes Goods in Interstate Commerce that are Shielded by the Commerce Clause from Ad Valorem Property Taxes
Howard Shapiro, Meaghan CurrySeptember 26, 2008
The Court of Appeals of the Sixth Appellate District of Texas has ruled that natural gas stored in a FERC-jurisdictional storage facility is being transported in interstate commerce, and thus cannot be subject to a local tax.
FERC Clarifies New Annual Reporting Requirement for Natural Gas Sellers and Buyers and Adopts One-Time Safe Harbor
Pam Anderson, Vincenzo Franco, Jennifer OwenSeptember 24, 2008
The Federal Energy Regulatory Commission issued Order No. 704-A, clarifying the new requirement that certain natural gas sellers and buyers annually file a new Form No. 552 and report aggregate volumes for certain physical natural gas transactions.
PHMSA Proposes Regulations to Require Pipeline Operators to Improve Control Room Management
Susan Olenchuk, Shay MillerSeptember 22, 2008
On September 12, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration proposed new regulations designed to enhance safety by requiring operators of pipeline and LNG facilities to adopt and implement new control room management procedures. Comments on the notice of proposed rulemaking are due by November 12, 2008.