Legal
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Legal & Regulatory
A Review of Air Quality Rules and a Look at 2024
Federal regulators in 2023 proposed a variety of new air quality rules, and 2024 is likely to see these proposals become final and enforceable. Here’s a look at the past year, and a look ahead at the major
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Commentary
Streamlining Clean Energy Approvals and Organic Waste Legislation for a Sustainable Future
In the face of escalating climate concerns, the U.S. is grappling with the dual challenges of advancing clean energy initiatives and establishing effective organic waste management strategies. A year since Congress injected substantial investments into the clean energy transition, progress has been made, but hurdles persist. Private sector interest in clean energy initiatives has surged, […]
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Legal & Regulatory
California Climate Bill Targets Business, Utility Emissions
New climate legislation in California, known as the Climate Corporate Data Accountability Act (SB 253), was signed by Gov. Gavin Newsom on Oct. 7. The law—the first of its kind in the U.S.—requires the
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Legal & Regulatory
Increased Demand Is Fueling Interconnection Process Changes
Electrical system operators are seeing an increase in potential projects seeking to connect to the power grid. Ideally, this growth in application activity means that energy systems and networks will become
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Legal & Regulatory
Empty Space—Navigating the Void of Pore Space Regulation in Texas
The Inflation Reduction Act (IRA) has spurred investment in carbon capture and sequestration (CCS), a key tool for decarbonization, by significantly increasing the tax credit for permanently sequestering carbon dioxide. However, many states lack comprehensive laws necessary for CCS projects to attract investment. That includes Texas, a global energy capital that boasts high storage potential. Regulatory […]
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Legal & Regulatory
Bonus Tax Credits Supercharging Domestic Clean Energy Manufacturing
The Inflation Reduction Act (IRA) recognizes the importance of boosting domestic U.S. manufacturing of clean energy equipment and provides a 10% bonus for the production tax credit and investment tax credit
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Commentary
Renewable Energy Insurers Trying to Limit Coverage for Severe Convective Storms
Severe convective storms, also known as severe thunderstorms, may not generate the same headlines as hurricanes, but these storms can pose a greater threat to inland solar and wind energy projects. The
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Gas
Judge Rules Montana Gas-Fired Plant Can Move Forward, While Landmark Climate Case Begins
A judge has ruled that construction of natural gas-fired power plant in Montana can resume, two months after the same judge ordered the project halted due to environmental concerns. The 175-MW Yellowstone County Generating Station, a $283 million facility sited near Laurel, has been dogged by legal actions after its air permit was challenged in […]
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Legal & Regulatory
FERC Can Support Hydrogen by Taking Jurisdiction Over Interstate Pipelines
As the U.S. moves toward decarbonization, hydrogen is expected—in its green, blue, and grey varieties—to increasingly be an alternative to conventional fossil fuels. It can be produced in abundance from
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Legal & Regulatory
Regional Greenhouse Gas Initiative: An Unconstitutional Interstate Compact?
One of the primary objectives of the powerful anti-fossil fuel lobby over the past two decades has been a federally mandated limit on carbon emissions. But the Supreme Court’s recent decision in West
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Commentary
More Than Statistics: Maximizing Value From FERC OE’s Annual Report on Enforcement
Each year, pursuant to the Federal Energy Regulatory Commission’s (FERC or Commission) Revised Policy Statement on Enforcement, FERC’s Office of Enforcement (OE) publishes “annual statistical reports” summarizing its enforcement activities during the preceding fiscal year (FY). Consistent with that directive, OE’s Annual Report on Enforcement (Annual Report) contains a range of statistical information about the […]
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Legal & Regulatory
FERC: Investors with Utility Board Members are Affiliates
Building on analysis in its February 2021 Public Citizen, Inc. v. Centerpoint Energy, Inc. opinion, the Federal Energy Regulatory Commission (FERC) recently issued decisions in Evergy Kansas, Inc. (Evergy) and Transalta Energy Marketing (U.S.), Inc. (Transalta) analyzing whether investments that were under 10% of outstanding voting shares, but were paired with appointment of directors that […]
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Press Releases
WFW advises Vattenfall on HVDC grid connection infrastructure delivery
Watson Farley & Williams (“WFW”) has advised long-standing client Vattenfall on its signing of a contract with Siemens and Aker Solutions to deliver grid connection infrastructure for the Norfolk Boreas Offshore Wind Farm off the east coast of the UK. Under the contract, Siemens and Aker Solutions will be responsible for the engineering, procurement, construction […]
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News
Balancing the Scales: Disparities in Decommissioning Practices for Renewable and Non-Renewable Energy
There have been historic initiatives within the U.S. to create a sustainable energy economy and to address major environmental concerns created by fossil fuels. The Inflation Reduction Act contains $369 billion in climate and energy provisions, which will have a meaningful impact on climate change. Meanwhile, the Bipartisan Infrastructure Law seeks to remedy environmental issues […]
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Commentary
What RTOs and ISOs Can Learn from the Parable of the Fox and the Hedgehog
An ancient proverb imparts: the fox knows many little things, but the hedgehog knows one big thing. This insight is expanded through the moral of Aesop’s fable, “The Fox and the Hedgehog,” which
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Legal & Regulatory
Understanding—and Planning—for Regulatory Challenges to Offshore Wind
Offshore wind projects have been bolstered by federal and state initiatives that support the technology to achieve emissions-reduction goals. However, development and grid integration of these projects
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Legal & Regulatory
Electric Utilities Have Critical Role in Broadband Infrastructure Deployment
Electric utilities will play a critical role in new broadband infrastructure deployment under the Infrastructure Investment and Jobs Act of 2021, known as the Infrastructure Act. Whether access to the internet
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Climate change
Understanding Climate Change Risks Associated with the Power Generation Industry
Increased temperatures, precipitation, sea level, as well as the frequency and severity of extreme events, will inevitably have an impact on the amount of energy generated, transported, and consumed in the U.S. Climate change is increasing dangers to human health and safety, quality of life, and the rate of economic growth, introducing new risks and […]
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Legal & Regulatory
California and Oregon Sail Forward on Offshore Wind
The Biden administration in 2021 announced its goal of developing 30 GW of offshore wind energy by 2030. Deep water off the West Coast means that any wind energy generation on this side of the U.S. must float
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Wind
Ruling Issued in GE’s Legal Dispute with Siemens Gamesa—and the Winner Is?
The U.S. International Trade Commission concluded its investigation into a complaint filed by GE against Siemens Gamesa Renewable Energy (SGRE) concerning the importation “of certain variable speed wind turbine generators and components thereof.” In its ruling, the commission found that SGRE violated section 337 of the Tariff Act of 1930, as amended, and it issued […]
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Commentary
Energy Transition—Opportunities for Power and Utility Companies
“Energy transition,” “energy evolution,” “energy reimagined,” and a host of similar terms have dominated the energy market headlines this year. While these terms can have varied meanings, they
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Renewables
Five Challenges to Meeting Biden’s Ambitious Solar Energy Goals
The U.S. Department of Energy (DOE) in September released a study detailing the significant role solar power could play in decarbonizing the nation’s power grid, and reducing the country’s reliance on
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Legal & Regulatory
CEQ Proposes to Restore Impactful NEPA Provisions
The federal government’s Council on Environmental Quality (CEQ) on Oct. 7 issued a proposed rulemaking to rescind several Trump-era regulatory amendments that limit the scope of environmental reviews completed by federal agencies under the National Environmental Policy Act (NEPA). If finalized, the proposed rule would restore agencies’ discretion to broaden the scope of NEPA reviews. […]
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Legal & Regulatory
Avoiding an ‘American Nightmare’—Cybersecurity Initiatives in the Power Sector
Cyberattacks on the U.S. energy system threaten our national security and way of life. While the sources of such risks may be debatable, the threats are real and the potential consequences are grave. Former
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Legal & Regulatory
Missouri v. Biden: The Benefits and Costs of Carbon Emissions
The Biden administration in February announced that for the remainder of 2021, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon
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O&M
Crisis Management for Utilities: Lessons Learned from the Pandemic
The COVID-19 pandemic has created unprecedented challenges for business. Utilities have had to quickly overcome the challenges associated with this crisis, without letting critical services such as heat
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POWER Podcasts
Is It Safe to Invest in Mexican Energy Projects?
In late 2013, Mexico embarked on a path to transform its energy markets. Then-President Enrique Peña-Nieto oversaw constitutional reforms that ended state-run monopolies, and opened Mexico’s power market to competition and investment from foreign and private companies. By most accounts, the policies were highly effective in spurring investments in renewable energy and efficient natural gas-fired […]
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Commentary
FERC Signals Green Light on Carbon Pricing to Help Reduce Emissions
The body that regulates the interstate transmission of oil, electricity, and natural gas has signaled its willingness to approve regional grid operator plans that incorporate carbon pricing into their rate
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IIOT
Blockchain and Energy Innovation Marches On
Even in a pandemic, energy innovators are developing blockchain technology to implement powerful changes. From automating crude oil trading to amplifying the impact of renewable energy sources, innovations harnessing blockchain technology are likely to change the energy industry in profound ways. Inventors, enterprises, and investors who act today to obtain patent protection for their early […]
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Legal & Regulatory
Bird Policy Prepares for Another Migration With New Administration
The Trump administration’s final rule interpreting the Migratory Bird Treaty Act (MBTA) to not prohibit the incidental take (accidental injury or death) of migratory birds recently hatched. But with the Biden administration taking the regulatory reins on Jan. 20, 2021, this lame-duck regulation will be quickly grounded. COMMENTARY Anticipating this, power companies should remain vigilant […]