Utilities

Wrap-Up of Federal and State Chemical Regulatory Developments, 11/14

By Bergeson & Campbell, P.C.

Dow Chemicals Plans To Layoff 5,000 Employees

EPA Proposes To Remove 72 Chemicals From Approved Pesticide Inert Ingredients List: On October 22, 2014, the U.S. Environmental Protection Agency (EPA) requested public comment on a proposal to remove 72 chemicals from its list of substances approved for use as inert ingredients in pesticide products. 79 Fed. Reg. 63120. EPA reportedly is responding to petitions submitted by the Center for Environmental Health, Beyond Pesticides, Physicians for Social Responsibility, and others that have asked EPA to issue a rule requiring disclosure of 371 inert ingredients found in pesticide products. EPA developed an alternative strategy designed to reduce the risks posed by hazardous inert ingredients in pesticide products more effectively than by disclosure rulemaking. EPA outlined its strategy in a May 22, 2014, letter to the petitioners, which is available online. Many of the 72 inert ingredients targeted for removal are on the list of 371 inert ingredients identified by the petitioners as hazardous. The 72 chemicals are not currently being used as inert ingredients in any pesticide product and include:

 /  Published November 17, 2014 at 4:00 PM

DOE Offers All-In-One Application Tool For Small Businesses

By Lynn L. Bergeson | Bergeson & Campbell, P.C.

New Jersey Town Feels Effect Of Economic Downtown

DOE has developed a small business “All-in-one Application Tool” for small businesses looking for funds to advance clean energy technologies. The online tool provides a guide for potential applicants for the topics under the DOE Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Among the nine topics identified by SBIR is bioenergy, with particular focus on biomass conversion systems, coatings for metal combustors, and solid-liquid separations for algal systems.

 /  Published November 12, 2014 at 4:00 PM

Numerous Parties Line Up in Support of Petition in Delta Smelt Case

By Paul Weiland | Nossaman LLP

Aerials of U.S.-Canada Border Along The Niagara River

As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme Court. The petition was filed after a divided panel of the United States Court of Appeals for the Ninth Circuit issued a decision affirming a biological opinion issued by the U.S. Fish and Wildlife Service with respect to continuing operations of the federal Central Valley Project and State Water Project. The panel held that the biological opinion and accompanying reasonable and prudent alternative do not violate the Administrative Procedure Act and Endangered Species Act. The deadline to file amicus briefs in support of the petition was November 6, 2014.

 /  Published November 11, 2014 at 4:00 PM

DOE Releases Climate Plans

By Lynn L. Bergeson | Bergeson & Campbell, P.C.

Red Bull Global Rallycross 2014

On October 31, 2014, the U.S. Department of Energy (DOE) released two plans related to climate change. The Strategic Sustainability Performance Plan and the Climate Change Adaptation Plan are intended to reduce greenhouse gas emissions and prepare for flooding, rising sea levels, and extreme temperatures/weather patterns. These plans come five years after the 2009 Executive Order on Environmental, Energy, and Economic Performance that set energy, climate, and environmental goals for government agencies. The release of the plans gave Energy Secretary Dr. Ernest Moniz an opportunity to outline how the use of clean energy resources, as part of the Strategic Sustainability Performance Plan, has been implemented within the Department. DOE has increased the number of buildings that achieved federal guiding principles for high performance and sustainable buildings. It has completed a biomass cogeneration facility in South Carolina and an 11.5 megawatt wind farm, both of which serve to reduce the use of non-renewable energy. DOE was also recognized as a 2014 GreenGov Presidential Award Winner for its work with the U.S. Department of Transportation (DOT) to produce a five percent reduction in DOT’s total fuel consumption, and a 20 percent increase in DOT’s use of alternative fuels.

 /  Published November 10, 2014 at 4:00 PM

Energy Technology Connections: Your Law Firm Link to Industry News – November 2014

By Mintz Levin - Energy & Clean Technology Matters

View of the Torresol Energy Gemasolar th

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.

 /  Published November 6, 2014 at 4:00 PM

Pre-Election PTC Extension Update

By David Burton | Akin Gump Strauss Hauer & Feld LLP

texas wind

With the election on Tuesday, the wind industry’s attention is particularly focused on the prospects for the extension of the production tax credit (PTC). There have been four interesting developments related to the extension of the PTC.

 /  Published November 4, 2014 at 4:00 PM

Congressional Candidates and Energy Efficiency: Intentionally Vague?

By Wendy Formichelli

Midterms Elections Held Across The U.S.

As our nation prepares to vote in the 2014 midterm elections, it’s important we identify which issues are most important to us and whether our candidate(s) of choice represent us well. Is energy policy an issue that resonates with you? Do you know where your candidates stand as you cast your ballot on November 4?… Keep reading →

 /  Published November 4, 2014 at 12:00 PM

EPA’s Clean Power Plan: Potentially New and Improved?

By Seth Jaffe | Foley Hoag LLP - Environmental Law

EPA Admin Gina McCarthy Announces New Regulations Under Obama's Climate Action Plan

On Tuesday, EPA issued a Notice of Data Availability, requesting further comment on some specific issues that have been raised since it published its draft Clean Power Plan in June. My immediate reaction? My head hurts.

 /  Published October 30, 2014 at 4:00 PM

Mexico’s Guidelines for Clean Energy Certificates Will Support Renewable Energy Development

By Michael Hindus, John B. McNeece III, Eric Save | Pillsbury Winthrop Shaw Pittman LLP

American Fuel Up On Cheaper Gas Over The Border Of Mexico

As 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.

 /  Published October 29, 2014 at 4:00 PM

Hydrocarbon Exposure Reconsidered

By Charles Sartain, Maryann Zaki | Gray Reed & McGraw, P.C.

East New Mexico and West Texas oil industry try to rebound with the price of oil hitting near $30 a barrel

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.

 /  Published October 28, 2014 at 4:00 PM
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