Legal & Regulatory

U.S. Supreme Court rulings in two recent cases further advance the rights of employees in disputes with employers, continuing a long-term trend in federal law on employment discrimination.

The devastation in Japan has focused new attention on supply chain issues and the impact of the partial collapse of that country’s manufacturing infrastructure on both Japanese imports and exports.

John Hanger, who led Pennsylvania’s Department of Environmental Protection until January, talked with ProPublica earlier this year about the challenges of trying to regulate the expanding drilling industry.

The U.S. Court of Appeals for the Ninth Circuit recently dealt another setback to the use of Section 216 of the Federal Power Act, which gives the Federal Energy Regulatory Commission (FERC) “backstop” authority to site electric transmission lines. Although enacted in 2005, this authority has never been used by FERC, and it can be questioned whether it ever will be used.

In December 2010, the California Public Utilities Commission (CPUC) issued a decision with considerable fanfare that was intended to provide for the development of 1,000 MW of additional new renewable generation and provide California’s large investor-owned utilities (IOUs) with additional flexibility in complying with California’s Renewables Portfolio Standard (RPS) requirements. Unfortunately, it is likely to have the opposite effect.

Don’t get fixated on the Environmental Protection Agency’s moves against carbon dioxide. The real action is in the area of conventional air pollutants.

Critical minerals—such as rare earth metals—are important to many new energy technologies. However, the U.S. Department of Energy is concerned that foreign control of supply, particularly by China, could limit the ability of these technologies to develop fully, so the DOE is developing a strategy to keep the supply chain open. Meanwhile, some analysts say China is playing a losing game with its hold on the minerals.

National Labor Relations Board Acting General Counsel Lafe Solomon is continuing his focus on remedies in unfair labor practice cases involving union organizing campaigns. On September 30, 2010, he issued a memorandum on Section 10(j) injunctions for discriminatory discharges during such campaigns. Now he has released another memorandum, this one targeting remedies regional offices should seek when they issue complaints in ULP cases involving campaign activity.

A high-stakes dustup is shaping up in connection with the U.S. Occupational Safety & Health Administration’s (OSHA’s) proposed new standard to regulate combustible dust. When and if enacted, this new OSHA regulation will definitely affect the way personnel handle coal at power plants that use it for fuel.

The winter of 2010-2011 has been a cold one for financing renewable energy projects. That’s the weather report from a recent project financing meeting in New Orleans, a survey of developers and builders done by a large Minnesota construction company, and accounts from those in the financial trenches.