As the 2014 midterm elections come to a close, several key senate races remain too close to call. This electoral uncertainty, however, has not stopped many members of Congress from preparing for a brief but intense Lame Duck session or from looking further down the road to the next Congress. House Majority Leader Kevin McCarthy (R-CA) released a memorandum on October 22 predicting that a Republican-controlled Senate would approve House-passed bills to eliminate the need for presidential permits for cross-border energy projects like the Keystone XL pipeline, establish deadlines for federal agencies to approve permits for constructing new natural gas pipelines, and streamline the permitting process for certain mining projects. Majority Leader McCarthy also said that the House will continue regulatory reform efforts that have stalled in the Senate.
JDSupra
Energy Technology Connections: Your Law Firm Link to Industry News – November 2014
By Mintz Levin - Energy & Clean Technology MattersSign up and get Breaking Energy news in your inbox.
We will never sell or share your information without your consent. See our privacy policy.EPA Further Delays Hydraulic Fracturing Study As Controversy Builds
By Ronald Farley | Burr & FormanEPA’s current estimate of the completion time for a draft of its study of the risks posed by hydraulic fracturing (“fracking”) to drinking water is now projected by the agency to be developed in early 2015. This is based on comments in a letter originating from EPA’s Region 8 office stating that the study on the risks posed by fracking to drinking water won’t reach draft final form until “early 2015”. [Region 8 Letter]
Pre-Election PTC Extension Update
By David Burton | Akin Gump Strauss Hauer & Feld LLPThe Transparency Initiative: Are You Ready?
By Ana Becker-Weinberg, Ben James | Bracewell & Giuliani LLPIntroduction
The UK is set to become the first EU member state to transpose the most recent EU directives on accounting and transparency rules in an effort to satisfy growing demands for a European-wide strategy to fight corruption in relation to substantial payments that oil and gas companies are often required to make to government entities by way of signing bonuses, taxes or royalties.
The UK has kick-started with Directive 2013/34/EU (the “EU Accounting Directive”) which, among other things, provides in its Chapter 10 for new reporting obligations for certain types of companies. By doing so, UK registered companies operating in extractive industries such as oil, gas and mining will be required to disclose certain payments made to governments in the various countries they operate in, on a country-by-country or project-by-project basis. The draft UK regulations, referred to as “The Reports on Payments to Governments Regulations 2014”, have not yet been passed by Parliament, however are proposed to come into force on 1 December 2014, more than 7 months ahead of the deadline imposed by the EU Accounting Directive.
North America’s Largest Battery Energy Storage Online
By Todd Griset | PretiFlahertyA California public utility has brought the largest battery energy storage in North America online. Funded partially by federal stimulus funds, Southern California Edison’s Tehachapi Wind Energy Storage Project is designed to demonstrate the effectiveness of large-scale battery storage systems.
Southern California Edison Company is the largest electricity supply company in Southern California. As part of the U.S. Department of Energy’s implementation of the American Recovery and Reinvestment Act of 2009, the utility won funding to develop a major battery energy storage system (or BESS). The Tehachapi Wind Energy Storage project consists of an array of lithium-ion batteries capable of storing 32 megawatt-hours, deliverable as an 8 megawatt stream of energy for 4 hours. The LG Chem batteries rely on the same lithium-ion cells installed in battery packs for General Motors’ Chevrolet Volt electric vehicle, and feature 608,832 individual battery cells arrayed in 10,872 battery modules and 604 battery racks. Along with two 4MW/4.5MVA smart inverters, the project will be housed in a 6,300 square foot facility sited at SCE’s existing Monolith substation.
EPA’s Clean Power Plan: Potentially New and Improved?
By Seth Jaffe | Foley Hoag LLP - Environmental LawMexico’s Guidelines for Clean Energy Certificates Will Support Renewable Energy Development
By Michael Hindus, John B. McNeece III, Eric Save | Pillsbury Winthrop Shaw Pittman LLPAs part of a historic restructuring of its electrical power sector, Mexico will create a market for tradable Clean Energy Certificates, which many industry participants will be required to obtain. Draft guidelines proposed by the Mexican Ministry of Energy set forth the criteria for granting these clean energy certificates, a framework for buying and selling them, and a procedure for establishing the obligations of market participants to obtain the certificates. Final guidelines will be issued shortly.
Hydrocarbon Exposure Reconsidered
By Charles Sartain, Maryann Zaki | Gray Reed & McGraw, P.C.You might recall previous entries (here is one) discussing the $2.9 million Dallas County verdict and judgment in Parr v. Aruba. Not all similar suits have the same result.
Michael and Myra Cerny sued Marathon Oil Corp. and Plains Exploration & Production Company, alleging, as in Parr, private nuisance, negligence, and negligence per se. As in Parr, among the allegations were:
continuous release of “ … strong odors and noxious chemicals into the environment, including the plaintiffs’ property, causing injury and harm to the plaintiffs’ property and to their persons;” and
health problems, including headaches, rashes, chest pain, “strange nerve sensations,” high blood pressure, nausea, difficulty breathing, and nosebleeds.
Federal Court Orders DOT to Respond to Sierra Club’s Unsafe Tank Car Lawsuit
By Katherine Bourdon | Nossaman LLPProperty Assessed Clean Energy (PACE) loans allow property owners to finance clean energy improvements to their properties generally secured by property liens senior to mortgages through tax assessments. Moody’s recently released a special comment expressing some concerns and not-so-subtle hints that it thinks that lenders and securitizers should take PACE programs seriously.