Eric M. Hutchins

Latest Articles

On May 14, 2018, the Department of Energy Office of Electricity Delivery & Energy Reliability released its Multiyear Plan for Energy Sector Cybersecurity. The plan is significantly guided by DOE’s 2006 Roadmap to Secure Control Systems in the Energy Sector and 2011 Roadmap to Achieve Energy Delivery Systems Cybersecurity. Taken together with DOE’s recent announcement creating the new Office of Cybersecurity, Energy Security, and Emergency Response (“CESER”), DOE is clearly asserting its position as the…
Recent press reports indicate that a cyber-attack disabled the third-party platform used by oil and gas pipeline company Energy Transfer Partners to exchange documents with other customers. Effects from the attack were largely confined because no other systems were impacted, including, most notably, industrial controls for critical infrastructure. However, the attack comes on the heels of a Federal Bureau of Investigation and Department of Homeland Security (“DHS”) alert warning of Russian attempts to use tactics…
Recent press reports indicate that a cyber-attack disabled the third-party platform used by oil and gas pipeline company Energy Transfer Partners to exchange documents with other customers. Effects from the attack were largely confined because no other systems were impacted, including, most notably, industrial controls for critical infrastructure. However, the attack comes on the heels of a Federal Bureau of Investigation and Department of Homeland Security (“DHS”) alert warning of Russian attempts to use tactics…
On August 15, 2017, the US Court of Appeals for the DC Circuit (DC Circuit) issued its decision in Sierra Club v. Department of Energy (Freeport),[1] denying Sierra Club’s challenge to the Department of Energy’s (DOE) order authorizing export under the Natural Gas Act of 1938 (NGA) from the proposed Freeport Liquefied Natural Gas (LNG) Terminal in Freeport, Texas. The decision marks yet another victory in a string of successes for supporters of…
On April 14, 2017, the Department of Energy (DOE) quietly issued an emergency order under Federal Power Act (FPA) § 202(c) to keep open a power plant slated for shutdown under the Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards (MATS). While DOE has issued FPA § 202(c) emergency orders in the past, this marks the first time that DOE has used such authority to address electric reliability concerns arising from MATS implementation. In doing…
President Trump made good on one of his key campaign promises on Tuesday, signing an executive order (E.O.) titled Promoting Energy Independence and Economic Growth. The long-awaited E.O., which was published in the Federal Register today (82 Fed. Reg. 16093), targets the Obama administration’s key climate policies, including regulations affecting power plants and oil and gas production facilities. More broadly, the E.O. affirms the Trump administration’s priority of ensuring domestically produced energy and economic…
On October 17, the federal District Court of the Northern District of West Virginia ruled in a lawsuit brought by Murray Energy that EPA had violated Clean Air Act § 321(a)’s requirement that the agency “conduct continuing evaluations of potential loss or shifts of employment” that may result from EPA air regulations. Judge John Preston Bailey, a nominee of President George W. Bush, found that “Congress unmistakably intended to track and monitor the effects of the…