Alerts & Events

EPA Proposes Rules on Implementation of Permitting of Greenhouse Gas Sources Under the Prevention of Significant Deterioration Program

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

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

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

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.

Weekly Climate Change Policy Update - August 30, 2010

Environmental NGOs expressed dismay when the U.S. Department of Justice (DOJ) sided with industry in a brief to the Supreme Court on the Second Circuit’s decision in the Connecticut v. AEP case. In its brief, DOJ defended the primacy of the Executive Branch over the Judicial Branch on the issue of climate change, arguing that the regulatory regime under construction by the Environmental Protection Agency is adequate to “occupy the field,” thereby precluding a lawsuit-based pathway for activists and states . . . The World Resources Institute, working with 60 companies, just finished road-testing new standards for calculating life-cycle greenhouse gas emissions from products and supply chains. . .

Weekly Climate Change Policy Update - August 23, 2010

EPA and NHTSA are close to proposing GHG standards for heavy duty vehicles . . . Legislation to implement the Western Climate Initiative failed in Oregon and Washington, leaving only California and New Mexico as likely participants for the scheduled 2012 launch of the WCI cap-and-trade program . . . The Chamber of Commerce doubled down on its legal challenges to EPA’s endangerment finding.

Weekly Climate Change Policy Update - August 16, 2010

EPA is taking further steps to roll out the Prevention of Significant Deterioration (PSD) permitting program for greenhouse gases (GHGs). EPA issued a proposed rule in which it could at least temporarily take over permitting for 13 states that cannot quickly modify their programs to implement PSD for GHGs in accordance with the timetable and thresholds set forth in the Tailoring Rule . . . Sen. Jeff Bingaman (D-NM) predicted no action on energy or climate legislation before the November elections . . . But White House energy and climate change advisor Carol Browner said clean energy legislation could “potentially” be enacted in a lame duck session of Congress . . .

Weekly Climate Change Policy Update - August 9, 2010

Majority Leader Reid delayed Senate floor votes on his scaled-back oil spill/energy legislation . . . post-recess consideration of energy/climate legislation is still possible . . . Jousting accelerates in the courts and states about obligations to reduce GHG emissions in the absence of Congressional action . . . US Climate Envoy Todd Stern affirms US GHG reduction commitments, and international climate negotiators discuss extending the Kyoto Protocol for two years.

Why the U.S. Had to Challenge Arizona on Immigration

Jim Ziglar co-authored an op-ed in The Washington Post discussing immigration law in Arizona.

Carbon and Climate Law Review

Hydorpower: A Renewable We Can Believe In

In March 2010 three federal agencies, Department of Energy, Department of the Interior, and Army Corps of Engineers signed a Memorandum of Understanding that signals strong federal support for hydropower modernization and growth in the United States.

International Offsets and U.S. Climate Legislation

There are strong drivers supporting the integration of international offsets into U.S. climate legislation, including the dramatic cost savings they promise, and their role in promoting action by other countries.

The Seminar Group: 2010 Developing Wind Power in the Northwest

Malcolm McLellan is speaking at this event.

Law Seminars International: A Comprehensive Conference on New Developments in Tribal Water Law

Dan Press is a Co-Chair of this event. Dan Press, Sam Kalen, and Matt Love are speaking.

Marcus Evans' 3rd Annual Risk Management in Energy Trading Conference

Lisa Epifani is speaking at this event.

2010 AGA Energy Market Regulation Conference

Paul Korman is speaking at this event.