On May 21, 2020, FERC issued a policy statement to clarify its position regarding requests for waiver of tariff provisions. If finalized, the Policy Statement would revise how FERC treats requests for waiver of tariff provisions.
The proposed policy relates to FERC’s statutory authority to review and approve public utility rates, as set forth in Federal Power Act (FPA) sections 205 and 206, and the parallel provisions in Natural Gas Act (NGA) sections 4 and 5. FERC is concerned that its usual practice of waiving tariff provisions after the fact amounts to retroactive ratemaking in violation of the filed rate doctrine. (more…)
On April 28, 2020, the U.S. Environmental Protection Agency (EPA) and Centers for Disease Control and Prevention (CDC) released joint guidance on reopening during/after the COVID-19 pandemic. The document covers cleaning practices and disinfection practices, citing the list of EPA-approved disinfectants for use against COVID-19. Of course, as businesses reopen, there are concerns about Occupational Safety and Health Standards as well as waste requirements for spent personal protective equipment (PPE).
Earlier this week President Trump issued an executive order aimed at bolstering economic recovery as businesses reopen. This has potential for marked effects on environmental enforcement in light of how the Environmental Protection Agency and the Department of Justice have already been adapting environmental priorities in the face of the pandemic. (more…)