Legal & Regulatory

Notwithstanding the ongoing impacts of COVID-19, in 2021 the deployment of solar, solar + storage, stand-alone storage, wind, and other renewable energy technologies continued to rapidly expand across the U.S

In the race to generate and distribute renewable energy, developers must clear numerous regulatory hurdles. For many projects, this may include obtaining a voluntary “incidental take” permit under the Bald and Golden Eagle Protection Act (BGEPA). The BGEPA incidental take permitting program has frustrated both developers and operators due to, among other things, uncertainty of […]

Handing a muted victory to proponents of nuclear and gas, the European Commission (EC) on Feb. 2 adopted a measure that labels some nuclear and gas energy activity as climate-friendly investments. However, it set out strict, potentially limiting technical screening criteria for those activities to qualify, prompting pushback from the nuclear and gas industries. The […]

In February 2021, a severe cold weather event, known as Winter Storm Uri, caused numerous power outages, derates, or failures to start at electric generating plants scattered across Texas and the south-central U.S. The Electric Reliability Council of Texas (ERCOT), which manages the power supply for about 90% of the load in Texas, ordered a […]

In late January, the U.S. Court of Appeals for the 4th Circuit in Richmond, Virginia, took up a case that could play an important role in deciding the future of climate change lawsuits in the U.S. The immediate issue is a dry question of procedure—the grounds for removal of a case from state court to federal court. But […]

Even the most casual observers of the energy and automotive industries are aware that electric vehicle (EV) sales in U.S. markets are on the rise. Over the past 10 years, sales of plug-in EVs have steadily

Energy Transfer, a major pipeline firm that threatened to terminate natural gas service to five Vistra Corp. gas-fired power plants in Texas next week as part of a $21.3 million penalty payment standoff, has relaxed its ultimatum, though the underlying dispute continues. In a letter filed with the Texas Railroad Commission late on Jan. 20, […]

The vast majority of 324 electric generation units and transmission facilities in Texas have fully met or “go beyond” new state winter weatherization requirements, the Electric Reliability Council of Texas (ERCOT) said in a final readiness report filed with the Public Utility Commission of Texas (PUCT) on Jan. 18. Onsite inspections at 302 generation units […]

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 […]

As the regulator for much of our nation’s wholesale electric and natural gas markets, actions by the Federal Energy Regulatory Commission (FERC) directly impact the U.S. economy. The agency’s response to

President Joe Biden signed the Infrastructure Investment and Jobs Act on Nov. 15, which allocates $550 billion in new spending over the next five years to improve U.S. infrastructure, including critical investments in the energy sector. These investments will cover power grid infrastructure, electric vehicles (EVs) and charging stations, renewable energy, nuclear power, hydropower, and […]

“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

The North American Electric Reliability Corp. (NERC) is warning that much of the central U.S.—a region that stretches from the Great Lakes into southern Texas—may face critical power deficiencies during extreme winter weather conditions over the next three months. Natural gas supply disruptions and low hydropower conditions could also imperil power reliability in New England […]

There’s a lot going on in the energy world right now. The United Nations Climate Change Conference (COP26) is happening in Glasgow, Scotland. Congress recently passed major new energy legislation in the Infrastructure Investment and Jobs Act. And as consumers soon will find out if they don’t already know: much higher energy costs and heating bills are […]

The future of a natural gas-fired power plant planned in northeastern Connecticut is in jeopardy after regional grid operator ISO-New England (ISO-NE) asked the Federal Energy Regulatory Commission (FERC) for permission to end a capacity contract with the project. Florida-based NTE Energy’s plan to build the 650-MW Killingly Energy Center has been delayed due to […]

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

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. […]

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

Most people recognize that carbon dioxide (CO2) is a greenhouse gas (GHG), and while not everyone agrees, a majority of climate scientists believe increasing concentrations of GHGs in the atmosphere are causing climate change on Earth. Carbon pricing is a market-based strategy for reducing CO2 emissions. The goal of carbon pricing schemes is to place […]

Damages caused by Hurricane Ida will once again force the construction, manufacturing, energy, agribusiness, retail, and travel industries to focus on best practices for responding to major events. According to Eric Ruzicka, a partner at the international law firm Dorsey & Whitney and an expert who has advised companies during the rebuilding following Hurricanes Harvey and Irma, now is the time […]

The Federal Energy Regulatory Commission (FERC) is an independent agency that, among other things, regulates the interstate transmission of electricity. Its ultimate mission is to “Assist consumers in obtaining economically efficient, safe, reliable, and secure energy services at a reasonable cost through appropriate regulatory and market means, and collaborative efforts.” In the past, FERC has […]

The American Jobs Plan was announced by the White House earlier this year to much fanfare. It describes sweeping action, using bold words like “reimagine” and “rebuild.” And while the Jobs Plan is not

The way we generate and distribute electricity has become a Rubik’s cube for power companies, regulators, and consumers. The need to reduce carbon emissions linked to climate change by investing in renewables is acknowledged by most experts. At the same time, recent unusual weather events have demonstrated that there is also an urgent need to […]

Michigan’s largest energy provider Consumers Energy will stop using coal as a fuel source for power generation within the next four years—15 years earlier than previously planned. In an updated integrated resource plan (IRP) filed with the Michigan Public Service Commission (MPSC) on June 23, the CMS Energy subsidiary said the effort would lead Michigan’s […]

For the world to avoid a climate catastrophe, carbon capture is likely a necessity, not an option. To meet the Paris Agreement’s objectives—keep warming below 2C and preferably near 1.5C—net zero carbon emissions must be achieved circa 2050, and some carbon dioxide will have to be extracted from the atmosphere. Deployment of carbon capture, utilization, […]