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FERC Approves Electric Storage Resource Practices in Two Regions

By Bud Earley on October 18, 2019

As described previously in this blog, FERC in 2018 adopted a rule aimed at clearing away obstacles to participation by electric storage resources in wholesale markets administered by Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs).[1] FERC has issued orders addressing the compliance filings of two RTOs: the PJM Interconnection (PJM) and Southwest Power Pool (SPP). The FERC compliance orders will be of keen interest to storage resources and other market participants…

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CARB Continues Global Leadership Role on Climate with Adoption of Tropical Forest Standard

By Kevin Poloncarz & Donald Ristow on September 30, 2019

After nearly a decade of work, on September 19, 2019, the California Air Resources Board (CARB) endorsed its much anticipated Tropical Forest Standard (TFS). The TFS is a first-of-its-kind framework for assessing jurisdiction-scale offset credit programs that reduce emissions from tropical deforestation and degradation. It is widely expected to serve as a replicable model for adoption by other international greenhouse gas mitigation programs that utilize tropical forest reductions as offsets, including the International…

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FERC Proposes Changes To PURPA Rules

By Bud Earley on September 27, 2019

The FERC recently issued a Notice of Proposed Rulemaking (NOPR) to reform its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA), which encourages the development of certain small generation and cogeneration facilities. PURPA and FERC’s rules implementing it over the years establish a number of benefits to those facilities and set obligations for electric utilities to purchase electricity from them. FERC now concludes that, due to changes in the electric power industry…

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The Environmental Protection Agency’s (EPA) Proposed Changes to State and Tribal Certification Authority under Clean Water Act Section 401

By Jake Levine & Paulina Slagter on September 26, 2019

Companies seeking approval for pipelines got some encouraging news from a Trump Administration proposal to cut back on states’ authority to block pipelines by withholding state water quality approvals, but environmentalists and states continue to express skepticism and are likely to sue. On August 22, the EPA proposed its Updating Regulations on Water Quality Certification (“Proposed Rule”) to replace and update the existing water quality certification process under Section 401 of the Clean Water…

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FERC Lowers Regulatory Burdens for Electricity Sellers in RTO/ISO Markets

By Bud Earley on July 19, 2019

FERC has streamlined its rules so that generators in the organized markets operated by Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) no longer need to demonstrate a lack of horizontal market power in order to charge flexible market-based rates. Instead, FERC will rely on existing market monitoring and mitigation measures in place in those markets to guard against exercises of market power. This rule will be of interest to power generators; it will…

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Kisor v. Wilkie Creates Significant Uncertainties Regarding Deference to EPA

By Thomas Brugato & Brandon Rattiner on July 2, 2019

The Supreme Court’s much-awaited decision in Kisor v. Wilkie will have significant ramifications for the Environmental Protection Agency (“EPA”) and environmental law. While the decision upheld the concept of Auer deference, which instructs courts to defer to agencies’ interpretations of their own regulations, it also imposed a number of limitations and restrictions on when Auer deference applies. The decision leaves open many questions about what EPA guidance will qualify for Auer deference, and whether any…

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Supreme Court Decision Expands Scope of FOIA’s Exemption for Confidential Information, with Significant Implications for EPA

By Thomas Brugato on June 24, 2019

The Supreme Court’s June 24 decision in Food Marketing Institute v. Argus Leader Media has significantly expanded the confidential commercial information protected from disclosure under the Freedom of Information Act (“FOIA”)—an issue that recurs repeatedly with respect to information submitted to EPA and other environmental regulatory agencies. …

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President Trump Issues Executive Order Directing Significant Changes to the Regulation of Genetically-Engineered Organisms

By Thomas Brugato on June 12, 2019

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On June 11, 2019, President Trump issued an Executive Order that would require the Department of Agriculture, the Environmental Protection Agency, and the Food and Drug Administration—the three main agencies with regulatory authority over genetically-engineered (“GE”) plants and animals in the United States—to revise their regulations governing GE organisms. These changes follow closely on the heels of the Animal and Plant Health Inspection Service’s (“APHIS”) recent proposed regulations that would increase the number of genetically-engineered…

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APHIS Proposes Sweeping Revisions to the Regulation of Genetically-Engineered Organisms

By Thomas Brugato on June 5, 2019

On June 6, 2019, the Animal and Plant Health Inspection Service (APHIS) proposed a significant restructuring of the agency’s regulations governing genetically-engineered organisms. Public comments on the proposal are due by August 6, 2019. APHIS’s proposed changes, which will increase the number of genetically-engineered organisms that may be produced without undergoing APHIS review, are likely to be of interest to biotechnology companies, agricultural organizations, and other entities interested in genetically-engineered organisms.…

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FERC Denies Rehearing on Electricity Storage Rule

By Bud Earley on May 22, 2019

The Federal Energy Regulatory Commission (FERC) has issued an order denying all requests for rehearing of its rule aimed at clearing away obstacles to participation by electric storage resources in wholesale markets administered by Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs).[1] Electric storage resources often complement renewable resources when the sun is not shining and the wind is not blowing. Easing the entry of storage is likely to have a growing…

Inside Energy & Environment

Developments in law and policy of energy, commodities and environment

Blog Authors

FERC Approves Electric Storage Resource Practices in Two Regions

CARB Continues Global Leadership Role on Climate with Adoption of Tropical Forest Standard

FERC Proposes Changes To PURPA Rules

The Environmental Protection Agency’s (EPA) Proposed Changes to State and Tribal Certification Authority under Clean Water Act Section 401

FERC Lowers Regulatory Burdens for Electricity Sellers in RTO/ISO Markets

Kisor v. Wilkie Creates Significant Uncertainties Regarding Deference to EPA

Supreme Court Decision Expands Scope of FOIA’s Exemption for Confidential Information, with Significant Implications for EPA

President Trump Issues Executive Order Directing Significant Changes to the Regulation of Genetically-Engineered Organisms

APHIS Proposes Sweeping Revisions to the Regulation of Genetically-Engineered Organisms

FERC Denies Rehearing on Electricity Storage Rule

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