Legal & Regulatory

An abundance of North American natural gas, coupled with high foreign demand, has sparked interest in exportation of natural gas. However, liquefied natural gas (LNG) facilities are controversial. Some

Energy-hungry India’s power sector is financially hemorrhaging due to a number of critical issues relating to the availability of coal and gas, its loss-making state power distribution companies, and costly

U.S. states vary widely on how they are regulating the booming business of producing natural gas from shale formations, according to a study released this summer by the Washington environmental think tank Resources for the Future (RFF). “As the shale gas boom has taken off,” says RFF, “states have updated their regulations, each with varying […]

The state of Oklahoma and Oklahoma Gas and Electric (OG&E) on Tuesday asked the full 10-judge panel at the 10th Circuit Court of Appeals to review their challenge to the Environmental Protection Agency’s (EPA’s) implementation of a regional haze rule to limit emissions from power plants in the state. The move follows a decision by […]

In March 2013, and for the first time in the 35-year history of the Public Utility Regulatory Policies Act of 1978 (PURPA), the Federal Energy Regulatory Commission (FERC) initiated an enforcement action in

By Kelly A. DalyFERC Moves on Natural Gas–Electric CoordinationBy Kelly A. DalyNatural gas–fired power generation has increased significantly in recent years. This trend generally is considered a positive

In a decision that sets precedent, a federal court last week ruled that residents neighboring a Pennsylvania coal-fired power plant may sue for property damage even though the plant fully complies with state and federal emissions rules. The U.S. Court of Appeals for the Third Circuit sided with two named plaintiffs in a class action […]

The backlash against renewable portfolio standards (RPSs) has begun in earnest. In more than 20 states across the country, efforts are afoot to freeze, water down, or repeal one standard or another.

A recent report from the Congressional Budget Office confirms that a carbon tax would mean substantial revenues for the government. But the impacts would be many, varied—and unequal.

The legal turmoil surrounding the National Labor Relations Board (NLRB) continues as a federal appeals court has struck down another pro-labor ruling by the board, while challenging its authority to act at all. At the same time, in a directly related matter, the membership of the board and whether it has a legal quorum continues, with Congress getting into the act.

MANAGING POWER talks to energy veteran and president of Resources for the Future Phil Sharp about the complexities of energy policy.

The PTC has led to unprecedented growth in wind capacity. But the distortions it creates in the energy market are damaging future prospects for nuclear power.

Despite a broad-based assault across the country, state renewable portfolio standards have survived this round, with a few seeing expansion.

The transformative increases in current and expected future domestic natural gas production have spawned yet another energy debate: Should the U.S. should export natural gas?

The Wall Street Journal ( WSJ) recently reported that 14 of the 29 states that have adopted a renewable procurement mandate are currently considering legislation that would “water down or repeal” the renewable set-aside. Proponents of repeal describe their motivation as simple economics: Renewable power increases costs to electric consumers.

If you were hoping that the U.S. Environmental Protection Agency’s (EPA’s) defeat last summer on aggregating small emissions sources under Title V of the Clean Air Act (CAA) meant a less-aggressive stance going forward, the agency has some bad news for you.

The challenges of running a coal plant are many and varied. But putting one to bed for good can be just as big a job.

With the ink barely dry on Version 4 of NERC’s critical infrastructure protection (CIP) standards, a new iteration is on the way, bringing with it some major changes in the way the standards will work.

The potential of offshore wind generation in the U.S. is being held back by a regulatory no-man’s-land.

Is bigger better for the energy business? Says a veteran energy lawyer, it depends more on why and how a utility choose to grow. Unfortunately, few regulators are thinking much about it.

In February, the California Public Utilities Commission (CPUC) yet again missed an important opportunity to correct structural flaws that have plagued the state’s wholesale generation market in the wake of the 2001 energy crisis.

Taking an activist stance in favor of unions,  the National Labor Relations Board recently ruled that employers must continued to withdraw union dues from paychecks even after a collective bargaining agreement has expired. But another court ruling may place this NLRB decision—and many others—in doubt.

Attention to the potential risks of solar storms to the power sector continues, as the NRC issues a highly unusual grant to a citizen’s rulemaking petition on how solar storms could affect spent fuel powers at nuclear plants.

More and more electricity is generated by natural gas. This trend is likely to persist. Hydraulic fracturing technology is increasing domestic supplies and enabling natural gas prices to remain at historic lows.

Last October, the Federal Energy Regulatory Commission (FERC) announced that it was seeking a record $470 million penalty against Barclays Bank for manipulating California energy markets for several years in the late 2000s. The amount includes a $435 million fine as well as disgorgement of $35 million in profits Barclays gained from allegedly illegal trading. In addition, FERC levied hefty fines against several individual Barclays traders.

As 2013 opens, the coal industry is waiting anxiously on a variety of proposals for regulating coal ash. A reclassification as hazardous waste could deal another blow to coal, but some industry observers suspect the worst is not yet to come.

A 2007 study sponsored by the Department of Homeland Security confirmed some of the industry’s worst fears about the grid’s vulnerability to terrorist attack. That study has remained under wraps until recently–and its findings are even worse than you may suspect.

Combined heat and power offers many advantages for distributed generation. But leveraging them requires some careful planning and forethought.