On July 19, the U.S. District Court for the Southern District of New York decided the case of City of New York v. BP P.L.C., et al., granting the defendants’ motion to dismiss and dismissing the City of New York’s amended complaint. The amended complaint alleged three causes of action: (1) public…
On July 10, the U.S. Court of Appeals for the D.C. Circuit decided another Federal Energy Regulatory Commission (FERC) case, Delaware Riverkeeper Network and Maya Van Rossum v. FERC. The plaintiffs levelled a broad US. Constitutional Due Process Clause challenge at the statutory mandate from Congress that FERC recover its costs from the…
Another important case was decided by U.S. Court of Appeals for the D.C. Circuit on July 6, American Rivers and Alabama Rivers Alliance v. FERC. The Alabama Power Company, whose application to re-license its electrical power generating facility serving Coosa River Basin in Alabama, GA, and TN was at issue, is…
At the Deutsche Bank/Pillsbury Energy Storage Forum, held in New York on March 14, our colleague Rob James discussed battery technologies and the forces driving an increase in energy storage investment and innovation. Click here to download the presentation or watch the video.
On May 15, the U.S. District Court for the Northern District of California held that the City of Oakland’s attempt to apply a new “coal ban” ordinance to a coal handling terminal was invalid. The District Court concluded that the record evidence placed before the City Council did not satisfy the ”substantial evidence”…
On May 9, the California Energy Commission announced that it has “adopted building standards that require solar photovoltaic systems starting in 2020.” The 2019 Building Energy Efficiency Standards are expected to “reduce greenhouse gas emissions by an amount equivalent to taking 115,000 fossil fuel cars off the road.” California will…
Section 40416 of the Bipartisan Budget Act of 2018 temporarily reinstates the Oil Spill Liability Tax that expired on December 31, 2017 for the period beginning on March 1, 2018 through December 31, 2018. Section 4611 of the Internal Revenue Code has, for many years, imposed a tax of $0.09…
On April 9, 2018, the heads of twelve Federal agencies and departments entered into a Memorandum of Understanding (“MOU”) committing their respective agencies to implement certain concepts and directives from Executive Order (“EO”) 13807,[1] the Trump administration’s effort to streamline environmental review and approval of major infrastructure projects. The signatory…
Recently, our colleague Rob James authored Getting the Deal Through: Gas Regulation 2018, in which he describes the domestic natural gas sector, including the natural gas production, liquefied natural gas (LNG) storage, pipeline transportation, distribution, commodity sales and trading segments and retail sales and usage. Reproduced with permission from Law…
Public discourse regarding climate change is becoming focused less on whether it is occurring, and more on what society can and should do to address or slow its progression. Geoengineering, which involves deliberately modifying the earth’s climate, is gaining traction in the scientific community and may prove to be a…