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Electric Storage May Be Treated as Transmission

By Bud Earley

August 13, 2020

The Federal Energy Regulatory Commission (FERC) approved tariff terms for a Regional Transmission Operator (RTO) to treat electric storage resources as transmission facilities under certain circumstances. Previously, FERC approved only one case-specific proposal to treat storage as transmission. Treatment as a transmission facility provides additional deployment opportunities for storage resources and allows cost recovery through cost-of service transmission rates instead of relying entirely on energy market revenues. Commissioner James Danly, however, dissented from the tariff…

Inside Energy & Environment

DOE Extends LNG Export Terms

By Bud Earley

July 31, 2020

The Department of Energy (DOE) adopted a new policy which extends the standard term for authorizations to export natural gas and liquefied natural gas (LNG) from the U.S. lower-48 states to countries without a free trade agreement with the U.S. to December 31, 2050. The standard term had been 20 years. The new standard term will be allowed for current and future export authorizations.…

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The Green Deal at the Border: Public Consultation on the EU Carbon Border Adjustment Mechanism Launched

By Péter Balás, Cándido García Molyneux, Sinéad Oryszczuk & Paul Mertenskötter

July 28, 2020

Last week, the European Commission launched a public consultation on the possible adoption of a new EU Carbon Border Adjustment Mechanism (“CBAM”). This consultation is yet another of the initiatives that the Commission is taking to roll out its ambitious European Green Deal (for a recent overview webinar see here). Manufacturers in virtually all industrial sectors and their trade associations would be wise to assess the potential impact of the CBAM on the products…

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New York Doubles Down On Offshore Wind and Sets Renewables RFP Record

By Jonathan Wright

July 27, 2020

In a move that further bolsters the state of New York’s status as a trailblazer in America’s energy transformation, on July 21, New York Governor Andrew Cuomo announced the largest combined renewable energy solicitations in U.S. history. New York is seeking up to 4,000 megawatts (MW) of offshore wind and onshore renewable energy capacity to help meet the resource goals established under its 2016 Clean Energy Standard and its 2019 Climate Leadership and Community Protection…

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FERC Revises PURPA Rules

By Mark Perlis & Bud Earley

July 23, 2020

The FERC recently issued a final rule (Order No. 872) revising its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA), which encourages the development of certain renewable and cogeneration facilities. PURPA, and FERC’s rules implementing it, establish benefits to those facilities by obligating electric utilities to purchase electricity from them. As discussed in a prior post to this blog, FERC considered reforming its regulations due in part to changes…

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CEQ Finalizes NEPA Rule Updating Regulations

By E. Donald Elliott, Emily Fox, Theodore L. Garrett, Gary S. Guzy & Kevin Poloncarz

July 20, 2020

On July 17, 2020, the Council on Environmental Quality (CEQ) published a Final Rule updating regulations to the National Environmental Policy Act (NEPA). The Final Rule closely tracks the Proposed Rule released in January 2020. The final rule makes a number of notable changes to existing NEPA regulations.…

Inside Energy & Environment

CEQ Finalizes NEPA Rule Updating Regulations

By E. Donald Elliott, Emily Fox, Theodore L. Garrett, Gary S. Guzy & Kevin Poloncarz

July 20, 2020

Inside Energy & Environment

Manufacturers and Marketers Beware: The EU Adopts New Restrictions on Products Containing PFOAs

By Cándido García Molyneux & Lukasz Gorywoda

July 15, 2020

Since July 4, 2020 the manufacture, marketing and use of perfluorooctanoic acid (“PFOA”), its salts and PFOA-related compounds (collectively, “PFOAs”), and products containing them, is significantly restricted in the European Economic Area (“EU/EEA”). The restrictions were introduced by a Commission Delegated Regulation amending Annex I to the EU POPs Regulation, and are intended to implement a decision of the ninth meeting of the Conference of the Parties to the Stockholm Convention that was held…

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Non-binding OSHA COVID-19 Guidance Sparks Calls for Federal Action and Plans for State Action to Create Binding Rules

By Thomas Brugato & E. Donald Elliott

July 13, 2020

Critiques of OSHA’s current flexible approach to COVID-19 in the workplace provide insight into how a Democratic administration might regulate differently at the federal level. Moreover, some states have moved forward with establishing binding rules to address COVID-19 in the workplace, which may provide models for future federal efforts.…

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CARB Adopts Advanced Clean Trucks Rule to Speed Zero Emission Vehicle Deployment

By Kevin Poloncarz & John Mizerak

July 1, 2020

The California Air Resources Board unanimously adopted the Advanced Clean Trucks rule, which is designed to accelerate the adoption of zero-emission medium and heavy duty vehicles (“ZEV”). By 2045, 100% of new trucks sold in the state will be ZEVs, consistent with the state’s broader goal of becoming carbon neutral by that year.…

Inside Energy & Environment

Developments in law and policy of energy, commodities and environment

Blog Authors

Electric Storage May Be Treated as Transmission

DOE Extends LNG Export Terms

The Green Deal at the Border: Public Consultation on the EU Carbon Border Adjustment Mechanism Launched

New York Doubles Down On Offshore Wind and Sets Renewables RFP Record

FERC Revises PURPA Rules

CEQ Finalizes NEPA Rule Updating Regulations

CEQ Finalizes NEPA Rule Updating Regulations

Manufacturers and Marketers Beware: The EU Adopts New Restrictions on Products Containing PFOAs

Non-binding OSHA COVID-19 Guidance Sparks Calls for Federal Action and Plans for State Action to Create Binding Rules

CARB Adopts Advanced Clean Trucks Rule to Speed Zero Emission Vehicle Deployment

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