Implementation of Amended Section 203(a)(1)(B) of the Federal Power Act

On November 15, 2018, the Federal Energy Regulatory Commission (FERC) issued a rulemaking to revise its regulations relating to mergers or consolidations by a public utility.  See Implementation of Amended Section 203(a)(1)(B) of the Federal Power Act, 165 FERC ¶ 61,091 (2018).  These regulations would implement a law signed on September 28, 2018 establishing a $10 million threshold on transactions that will be subject to FERC’s review and authorization under section 203(a)(1)(B) of the Federal Power Act (FPA).  Previously, there was no dollar value threshold for FERC review of public utility “merge or consolidate” transactions under FPA section 203(a)(1)(B).  See 16 U.S.C. § 824b(a)(1)(B). 

Read More

SHARE
EmailShare

Sidley Environmental Trends

Topics discussed this week include:

  • EPA and Corps propose new definition of Waters of the United States.
  • EPA proposes to eliminate carbon capture requirements for coal plants.
  • EPA releases draft rule rescinding power plant mercury rule.
  • EPA issues final pharmaceutical waste rule.
  • Senate confirms key environmental posts.
  • Shutdown slows EPA and Justice Department.
  • Northeastern states unveil “cap and invest” greenhouse gas program.
  • New York proposes fluorinated chemical drinking water standards.
  • California splits with Interior over Migratory Bird Treaty Act.

Read More

SHARE
EmailShare

U.S. Department of Energy issues policy statement eliminating the “end use” reporting provision in authorizations for the export of liquefied natural gas

On December 19, 2018, the U.S. Department of Energy issued a policy statement eliminating from any future export authorization orders the requirement that exporters report where LNG was “received for end use.’’  The relief is a nod to market participants who expressed concerns that exporters often have limited visibility into where their natural gas is ultimately consumed.  The policy now will only require that exporters report where the natural gas was “actually delivered.”  DOE issued an accompanying blanket order, DOE/FE Order No. 4322, to remove the end use provision from existing authorizations.

Read More

SHARE
EmailShare

U.S. Election Results 2018: Preliminary Considerations for the Energy Industry

Democrats’ regaining the majority in the U.S. House of Representatives assures an interesting upcoming two years of policy debates for the energy industry. Expect House Democrats to push initiatives on clean energy and address the effects of climate change through hearings or possible legislation, along with further scrutiny on the White House, Cabinet secretaries and federal agencies.

Read More

SHARE
EmailShare

Sidley Environmental Trends

Topics discussed this week include:

  • Fishermen’s trade association sues energy companies for alleged climate-change-related harms
  • EPA releases draft toxicology assessments for two PFAS compounds
  • EPA announces Cleaner Trucks Initiative
  • EPA finalizes amendments to the petroleum refinery sector MACT 1, MACT 2 and NSPS regulations
  • EPA proposes rule intended to clarify reporting requirements under CERCLA and EPCRA associated with air emissions from animal waste at farms

Read More

SHARE
EmailShare

Energy Enforcement Update

This week’s enforcement update covers:

  • FERC issues 2018 Report on Enforcement showing continued focus on fraud and market manipulation;
  • CFTC Enforcement Director discusses Enforcement trends and CFTC releases Annual Report on enforcement;
  • CFTC orders Commerzbank AG to pay $12 million for swap dealing violations and misleading statements to the CFTC;
  • Former commodities trading executive arrested for scheme to defraud employer by hiding trading losses; and
  • CFTC and Kraft file oppositions to motions for summary judgment.

Read More

SHARE
EmailShare

Cert Petitions May Mean Supreme Court Will Clarify Clean Water Act Jurisdiction

This article originally appeared in The WLF Legal Pulse

The definition of waters of the United States is central to the CWA.  At its core, the Act bans “the discharge of any pollutant” except in compliance with other provisions of the Act, such as the National Pollutant Discharge Elimination System (“NPDES”) permitting program.  33 U.S.C. § 1311(a).  “Discharge of a pollutant” is defined in relevant part as “any addition of any pollutant to navigable waters from any point source,” where (i) “navigable waters” are “the waters of the United States,”  and (ii) a “point source” is “any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.”  See 33 U.S.C. §§ 1362(7), (12) and (14).

Read More

SHARE
EmailShare
SHARE
EmailShare