On May 18, 2022, the California Energy Commission met to discuss its draft report to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and establish megawatt offshore wind planning goals
EPA Considers Classifying Discarded PVC Plastic as Hazardous Waste
In yet another “sue and settle” case, the U.S. Environmental Protection Agency has proposed entering into a consent decree agreeing to rule on the Center for Biological Diversity’s (CBD) petition to classify discarded polyvinyl chloride (PVC) as a hazardous waste
DOE Announces Transmission Facilitation Program
On May 6, 2022, the U.S. Department of Energy (“DOE”) issued a Notice of Intent and Request for Information (“Notice”) regarding establishment of a Transmission Facilitation Program (“TFP”) to support the construction of electric power transmission lines and related facilities.
Dalreed Solar – FERC Declines to Provide Additional Clarity as to QF Re-Certification “Substantive Changes” that Trigger Protest Rights, But Engages in a Same-Site Analysis
In Order No. 872, FERC provided PURPA purchasers and other interested parties the opportunity to protest QF re-certifications if a “substantive change” was being made, although the Final Rule was less than perfectly clear as to what constituted a substantive
Lease Perpetuated Beyond Primary Term Without Production in Paying Quantities
Co-author David Leonard
If perpetuation of a mineral lease beyond the primary term is contingent upon continuous operations, do traditional notions of “production in paying quantities” always matter? Spoiler: No.
In Thistle Creek Ranch, LLC v. Ironroc Energy Partners, LLC
California Air Resources Board Releases Draft Scoping Plan Update
The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California.
By Joshua T. Bledsoe and Brian McCall
On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review
Renewable Energy in Latin America Updates
This GT Alert highlights news and updates on renewable energy in Latin America.
Argentina
On April 11, 2022, the Project for Renewable Energy in Rural Markets (PERMER) from the National Secretariat of Energy received six bids for Public Tender No.
Cumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty
On his first day in office, President Biden issued Executive Order 14008, calling on federal agencies to prioritize environmental justice and find ways to address disproportionate pollution impacts on low-income or minority communities. The president’s directive is clear and
Texas Mineral Deed Signed Away Right to Sue
Co-author Brittany Blakey
The question in litigation is usually “WHAT”: what happened, what contract was breached, what did someone do or fail to do, and so on. In Hughes v. CJM Resources, LP, the question was, “WHO” had the
E2 Law Podcast: Episode 18 | ‘Fairness’ in Superfund Allocation Matters, Part 2B
In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum’s conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by