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Inflation Reduction Act
New York DEC Issues Draft Hydraulic Fracturing Regulations
Last week, the New York Department of Environmental Conservation released its draft regulations for hydraulic fracturing. These are based on the agency's revised draft Supplemental Generic Environmental Impact Statement issued last month. The proposed regulations include a prohibition on drilling...
Despite Delay, EPA Still Set to Release GHG Draft Rule
As has been well reported, EPA will miss its September 30 deadline for releasing its draft rule on utility-focused greenhouse gas emissions. While a new deadline has not yet been announced for the rule, which focuses on reducing emissions from...
Luminant to Close Coal Plants Due to EPA Rule
Despite facing clear reliability problems because of record temperatures in Texas, Luminant said today they will close facilities to comply with EPA's Cross-State Air Pollution Rule, which will cause the loss of approximately 500 jobs. The rule, which EPA released...
Interior Department Proposes Guidelines for Protecting Wildlife from Wind Energy Development
Fossil fuels are under fire from opponents of hydraulic fracturing in the gas drilling process or, in coal's case, everything from mountaintop mining to mercury emissions. And now with the crisis in Japan, nuclear power is facing new challenges. Of...
More Power to the Water
Power from water is again in the news as the Senate Energy and Natural Resources Committee moves forward on measures to increase hydropower and improve the impact of energy development on water resources. As well, the national trade group representing...
SEC Proposes Rule Requiring Oil, Gas and Mining Companies to Disclose Payments to Governments
By Jonathan Halpern and Thomas Kokalas Under a rule proposed by the Securities and Exchange Commission, oil, gas and mining companies listed on U.S. stock exchanges would be required to disclose payments they made to foreign governments or the United...
New Congress Expected to Meet Pent Up Demand for Energy Oversight
Pent up demand for oversight on both sides of the political aisle will drive a trend for renewed Congressional oversight in the upcoming term in 2011, notably in the energy and environmental sectors. In a recent video interview, Scott Segal...
FERC Tightens Credit Practices in Organized Markets
A final rule that tightens and standardizes credits practices for organized wholesale electricity markets "” independent system operators (ISO) and regional transmission organizations (RTO) "” was issued by FERC October 21. To comply with the credit practices prescribed in the...
A Divided CFTC Flexes Muscles With $12 Million ConAgra Civil Penalty
The Commodity Futures Trading Commission issued an order August 16 approving a settlement resolving allegations that ConAgra Trade Group, Inc. caused a non-bona fide price to be reported for a NYMEX spot month crude oil futures contract in violation of...
DC Circuit Affirms FERC On Maintaining Price Caps On Gas Pipeline Capacity Sales
The U.S. Court of Appeals for the D.C. Circuit has upheld FERC's decision to remove price ceilings on short term (one year or less) capacity releases by shippers on natural gas pipelines, while maintaining price ceilings on capacity sales by...
Apex Oil: Environmental Cleanup Liability Survives Bankruptcy
In U.S. v. Apex Oil , a three-judge panel of the Seventh Circuit ruled 3-0 that EPA's cleanup injunction against the corporate successor to a chemical company was not discharged in Chapter 11 because the injunction does not create a...
Congress Proposes New Enforcement Authority for FERC
The American Clean Energy And Security Act of 2009 ("ACES"), or H.R. 2454, is a comprehensive energy bill that was introduced on May 15, 2009. ACES contains new enforcement provisions that would significantly increase the authority of the Federal Energy...
Fate of Ocean Power Projects Requires FERC and Interior Cooperation
Jurisdictional jockeying between FERC and the Department of Interior threatens development of Outer Continental Shelf (OCS) ocean power projects. The issue calls out for agency cooperation and possibly an interagency agreement similar to that between FERC and the U.S. Forest...
Boucher-Dingell Bill Would Have FERC Run Cap-and-Trade Carbon Market
If the "discussion draft" carbon cap-and-trade bill recently released by Congressmen John Dingell (D-MI) and Rick Boucher (D-VA) becomes law, then FERC would run the carbon market. Within FERC, the bill would create a new Office of Carbon Market Oversight...
Employee Function Replaces Corporate Separation as Cornerstone of FERC's New Standards of Conduct
The Federal Energy Regulatory Commission adopted revised Standards of Conduct (Standards of Conduct) for Transmission Providers "• both natural gas pipelines and electric transmission systems "• in its October 16 Order No. 717. The single largest change from earlier SC...