A client alert issued today by Husch Blackwell’s environmental practice group details a major reversal of Obama-era policy by the Trump Administration. The EPA announced it will not issue final regulations under CERCLA Section 108(b) imposing financial responsibility requirements on the hardrock mining industry. Abandoning a December 1, 2016 proposed rule, the EPA emphasized that
Gov. Abbott Appoints New Public Utility Commissioner
The Texas Public Utility Commission has a new member with Gov. Greg Abbott’s (R) appointment of Arthur D’Andrea to a six year term. D’Andrea currently serves as assistant general counsel to Gov. Abbott and was previously an assistant solicitor general for the Texas Attorney General’s office.
This makes Gov. Abbott’s second appointment of the year, having named
DOE Proposes Special Compensation to Coal and Nuclear Generators
On September 29, the Department of Energy (DOE) issued a notice that may impact wholesale rates in all federally regulated wholesale markets (not including ERCOT), possibly affecting: (i) merchant plant owners, (ii) wholesale market customers, (iii) renewable and gas fired generation, (iv) coal and nuclear power plant owners, and (v) power traders. Husch Blackwell energy regulatory attorneys Linda Walsh, Chris Reeder and Sylvia Bartell issued a detailed client alert on the Notice of Proposed Rulemaking (NOPR) issued by DOE requiring regional transmission organizations (RTOs) and independent system operators (ISOs) “to ensure that certain reliability and resilience attributes of electric generation resources are fully valued.” The proposed market reform would provide
Listen to Our Analysis of the ITC’s Solar Trade Case
Husch Blackwell international trade attorney, Jeffrey Neeley, and energy attorney, John Crossley, hosted a teleconference in which they discussed the implications of and next steps in the US International Trade Commission’s (ITC) ongoing case that imported crystalline silicon photovoltaic (CSPV) cells and modules have caused “serious injury” to domestic manufacturers. A detailed summary
DOE Report On Electricity Markets: Missed Opportunities
In an in-depth and informative analysis on the Department of Energy’s recently released Staff Report to the Secretary on Electricity Markets and Reliability, Husch Blackwell regulatory attorneys Linda Walsh and Sylvia Bartell examine the department’s stated goal of considering past and current trends
The Shifting Landscape For Coal Ash
The month of August, 2017 has seen three distinct developments that may significantly impact management of “Coal Combustion Residuals,” or “CCR,” which include bottom ash, fly ash, boiler slag, and flue gas desulfurization materials generated from burning coal at steam‑powered electricity plants. Although one of these developments may provide a degree of regulatory relief, the other two may preserve or even strengthen existing regulatory requirements.
Lessons Learned from Dakota Access Pipeline
In the July, 2017 issue of Rock Products Magazine, Husch Blackwell Senior counsel, Ali Nelson, writes about why aggregate producers should care about the U.S. District Court for the District of Columbia order ruling that the U.S. Army Corps of Engineers improperly granted an easement authorizing the construction of the Dakota Access Pipeline (DAPL).
Order 1000 and the Future Grid
In an article by Keith Goldberg of Law360, Husch Blackwell attorney and former FERC Chairman, Jim Hoecker, discuss the role of FERC Order 1000 in regional transmission planning. He and other experts provide insight on how Order 1000 has initiated the long-term planning process but failed to spur the significant development necessary to provide
Texas Legislature Passes Several Energy Bills
While the Texas 85th legislative session began with the filing of several bills on a diverse range of energy issues, few had made it into law when the session ended on May 29, 2017. The House and Senate passed legislation that impacts wind generation facilities, electric utility rate-setting and the General Land Office’s retail electricity
Proposed Tariffs Could Dramatically Affect Expansion of U.S. Solar Industry
Suniva, Inc., a bankrupt U.S. producer of crystalline silicon photovoltaic (CSPV) cells, filed a petition with the U.S. International Trade Commission (ITC) seeking relief from the effects of importation of foreign manufactured CSPV cells and modules. Suniva requests relief in the form of a minimum price for solar modules imported into the United States and imposition of an additional four-year tariff on all imported CSPV cells and modules that would establish a price-per-watt for inbound foreign competitors double that of current levels.
The requested relief calls for