Legal

These Ten Steps May Help Power Companies Avoid Headaches, Delays, Higher Costs, and Legal Complications Jacqueline Greenberg Vogt, Esq. and Robert C. Epstein, Esq. The International Energy Agency projects the rapid growth of renewables, with solar at the center of this new constellation of electricity generation technologies. Hydropower remains the largest renewable source of electricity, […]

The tension between state and federal lawmakers is ages old, with a history marked by periods of outright assault or relative peace. On Dec. 19, 2019, the quiet in the energy sector was broken by an order from

President Trump on May 1, 2020, issued Executive Order (EO) 13920, titled “Securing the United States Bulk-Power System.” Trump said that the unrestricted foreign supply of certain electric equipment

In a one-paragraph, unsigned order issued July 6, the U.S. Supreme Court reinstated most uses of the U.S. Army Corps of Engineers’ Nationwide Permit 12 (NWP 12) for pipeline and utility trenching and

In the absence of a comprehensive federal renewable energy policy, many states have established regulatory frameworks that incentivize or require utilities to purchase or develop a percentage of renewable

The regulatory landscape for the energy industry has changed significantly in the past few decades, but a century-old Supreme Court canon—the filed rate doctrine—continues to be a valuable tool for

Legal challenges to the Trump administration’s Affordable Clean Energy (ACE) rule began in earnest April 17, as more than two dozen states and cities, along with several environmental activist groups, filed briefs with the U.S. Court of Appeals in Washington, D.C., seeking a rollback of power plant regulations that also have been decried by coal […]

Developers and other sellers of electricity have traditionally viewed utilities as creditworthy counterparties. Utilities are longstanding institutions that provide a public service and receive a regulated

Natural gas traders once spoke of the North American continent as a potential seamless natural gas trading market, where market synergies could be perfected and hydrocarbon molecules could flow freely to the

A substantial shift in implementation of distributed energy resources (DERs) is on the horizon with the collision of new technologies and higher energy demand. Innovation is spawning an abundance of potential

Renewable energy and battery storage are hot topics in the U.S. today. Lawmakers throughout the country debated various new energy policies during the 2019 legislative session. Nevada is among the states leading the way forward. Several new laws were passed in the state that will affect power companies and consumers for years to come. Curt […]

Every company invested in our nation’s clean energy transition is aware that 2019 is the last year that solar energy can take advantage of the 30% Investment Tax Credit (ITC) under Internal Revenue Code

COMMENTARY Are power purchase and similar agreements excluded from the automatic stay under the safe harbor for forward contracts? Both the FirstEnergy Solutions and Pacific Gas & Electric (PG&E) bankruptcies have seen proceedings regarding power purchase and similar agreements (PPAs) that raise this question. Contracts often contain provisions that enable a party to terminate or modify […]

America’s energy mix is undergoing a period of rapid change. The way we generate electricity in this country looks dramatically different than it did just a decade ago, as wind and solar have matured and

The threat to power grid resilience and reliability due to the continued retirement of coal-fired power plants has generated calls for immediate action. A severe weather event such as the “bomb cyclone” or

From both a regulatory and development perspective, 2018 was a significant year for the expansion of energy storage resources (ESRs). From a significant ruling of the Federal Energy Regulatory Commission

A report from POLITICO says the Trump administration’s rollback of the Obama-era Clean Power Plan (CPP) would give individual states more leeway to set their own rules governing emissions from power plants. POLITICO, which covers politics and policy both in the U.S. and internationally, said its review of a draft document, and information from a […]

The relationship between affordable and reliable electric power and the economy, standard of living, and physical well being of Americans is beyond doubt. In the past several years, the burden of environmental

A Japanese court has blocked plans to reopen two reactors that had been previously cleared to resume operations by the Nuclear Regulation Authority (NRA).  Local residents in western Japan’s Fukui Prefecture, where Kansai Electric Power Co.’s Takahama nuclear plant is located, successfully petitioned a court to issue an injunction halting plans to restart Units 3 […]

Unbundled Renewable Energy Credits and the Benefits of Standardization Unbundled renewable energy credits and certificates (RECs) separate the renewable, or green, component of energy from the actual

A German court on April 14 reaffirmed that a nuclear fuel rod tax is unconstitutional and has ordered federal tax authorities to reimburse €2.2. billion ($3.04 billion) paid by five nuclear-owning utilities until compatibility with European and German law is established.  The Financial Court of Hamburg had held in January 2013 that the federal nuclear […]

A series of derivative lawsuits has recently been filed against the officers and directors of Pacific Gas and Electric Co. (PG&E) based on the explosion of a PG&E gas transmission line in San Bruno

The U.S. Supreme Court has agreed to hear a narrow challenge to the Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas (GHG) emissions from stationary sources, including power plants. In a mixed bag for groups fighting the EPA’s GHG regulation, the high court on Tuesday accepted for review six petitions—which were consolidated for oral […]

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 […]

Duke Energy will retire four coal units and possibly two oil-fired units under terms of a settlement reached between the company and four citizen and environmental groups over outstanding air permits for the company’s Edwardsport Integrated Gasification Combined Cycle (IGCC) project. The agreement resolves a long-standing dispute over air permits for the now-operational IGCC plant […]

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 […]