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Sixth Circuit to EPA: Decades of NSR Aggregation/Single Source Applicability Determinations Have Been Wrong
On August 7, 2012, the Sixth Circuit Court of Appeals handed down an important decision that reined in EPA's efforts to try to aggregate oil and gas emissions sources. In Summit Petroleum Corporation v. United States Environmental Protection Agency...
Latest Chapter in New York Market Manipulation Case: Court OKs Morgan Stanley's $4.8 Million Settlement
On August 7, 2012, U.S. District Judge William H. Pauley III granted the Department of Justice Antitrust Division's (DOJ) motion for entry of a consent decree requiring Morgan Stanley to disgorge $4.8 million for its role in an allegedly illegal...
Ohio Issues Emergency Rules on Underground Injection Control Activities, Effective Immediately
Companies that own and operate Class II disposal wells in Ohio will now have to comply with tougher standards when using deep injection wells for the underground disposal of brine and other wastes, a regulatory change spurred by findings that...
Dual Air Permitting Scheme in Texas Lives On, For Now
The D.C. Circuit Court of Appeals' ruling on June 26, 2012, upholding the EPA's various rulemakings regulating greenhouse gases (GHG) is a significant blow to the numerous oil and gas, electric generating, chemical, and refining companies operating in Texas that...
Companies File Rehearing Requests on PJM Western Hub IBT Issue
As previously noted in an Energy Legal Blog post on March 19 , in an order resolving a complaint filed by DC Energy, LLC and DC Energy Mid"Atlantic, LLC against PJM Interconnection LLC (PJM), the Federal Energy Regulatory Commission (FERC)...
FERC Order Appears to Find Most PJM Internal Bilateral Transactions Improper
In an order resolving a complaint filed by DC Energy, LLC and DC Energy Mid-Atlantic, LLC against PJM Interconnection LLC (PJM), 1 the Federal Energy Regulatory Commission (FERC) has ruled that in order for an Internal Bilateral Transaction (IBT) to...
Here We Go Again: Another Attempt at Recovery for Ratepayers Resulting from KeySpan-Morgan Stanley Swap
Another class action lawsuit has been filed against KeySpan Corporation (KeySpan) and Morgan Stanley Capital Group Inc. (Morgan Stanley), claiming damages for antitrust violations resulting from an allegedly illegal swap agreement that allowed KeySpan to manipulate energy prices in the...
Top 12 Energy Issues for '12
With the 2012 election year upon us, it promises to be an interesting year in energy politics and policy. Here are 12 (really 13 because of some creative headline writing) issues that will keep the sector hopping this year. 1...
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...
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...
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...
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...
FERC Issues Policy Statement on Compliance
The Federal Energy Regulatory Commission (FERC) revised its Policy Statement on Compliance October 16. The revision posits four factors FERC will take into account when considering whether to reduce or eliminate civil penalties for violations: (1) The role of senior...
FERC Authorizes NYISO to Halt Circuitous Scheduling Around Lake Erie
On August 21, FERC issued an order accepting the New York ISO's (NYISO) emergency revisions to its tariff to prohibit certain scheduling practices around Lake Erie. In its order, FERC approved the NYISO's use of temporary action to reduce unscheduled...