Pillsbury energy partner Rob James authored Energy 2019: USA, in which he provides an overview of the current U.S. energy marketplace and discuss Ongoing incentives at the state level for offshore wind, other forms of renewable power, and electric storage; Impacts of dueling tariffs and trade restrictions on the energy…
Articles Posted in Energy
Illinois Supreme Court Reverses Circuit Court Finding Lack of Jurisdiction Over Public Utility Administrative Actions
On October 18, the Illinois Supreme Court decided the case of Ameren Transmission Co. of Illinois v. Hutchings, et al. According to the Illinois Supreme Court, there is no presumption that Illinois courts have subject-matter jurisdiction over administrative actions. The availability of any review of this determination was controlled by the…
DC Circuit Rules on Challenges to EPA’s 2015 Final Rule Governing Disposal of Coal Residuals Produced by Electric Companies and Independent Power Plants
On August 21, the U.S. Court of Appeals for the District of Columbia decided the “coal combustions residuals” case: Utility Solid Waste Activities Group, et al. , v. EPA. This new Resource Conservation and Recovery Act (RCRA) case could have important implications for the coal industry and powerplants that use coal. In April 2015,…
A Trio of Environmental Decisions from the Fourth Circuit
Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. These cases are Berkley, et al. v. Mountain Valley Pipeline, LLC, decided July 25; Sierra Club, Inc., et al., v. U.S. Forest Service,…
City of New York’s Global-Warming Complaint Dismissed
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…
D.C. Court of Appeals Rejects Constitutional Argument Challenging FERC’s Cost Recovery from Industry Participants
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…
D.C. Circuit Rejects FERC’s Licensing Decision, Vacating and Remanding the Matter for Further Work
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…
Experts Discuss Technological, Logistical and Regulatory Factors Affecting Energy Storage Growth
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.
District Court Confirms that City of Oakland Breached its Development Agreement with Coal Terminal Developer
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”…
Forecast Sunny for Solar Contractors in California
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…