In response to the rapid spread of coronavirus in Washington, on March 23, 2020, Governor Jay Inslee issued Proclamation No. 20-25, titled “Stay Home – Stay Healthy,” which requires individuals to stay at home except to...more
Capping a dramatic but ineffective legislative session, Oregon Governor Kate Brown on March 10, 2020, issued Executive Order No. 20-04, “Directing State Agencies to Take Actions to Reduce and Regulate Greenhouse Gas...more
On December 20, 2019, the U.S. Court of Appeals for the Ninth Circuit ordered the Environmental Protection Agency (EPA) to issue “long overdue” total maximum daily loads (TMDLs) for water temperature for the Columbia and...more
Based on the success of the Metered Energy Efficiency Transaction Structure (MEETS) developed at Seattle’s Bullitt Center, the Seattle City Council adopted an ordinance last year directing Seattle City Light (City Light) to...more
On March 20, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), sitting en banc, will hear arguments challenging the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders.”...more
On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more
While the high-profile and politically-charged failure of the Oregon legislature to pass cap-and-trade legislation has garnered much public attention, Oregon nonetheless adopted less high-profile but important energy...more
On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Winding Creek Solar LLC v. Peterman et al. (Nos. 17-17531 & 32) strongly upholding core principles of the Public Utility Regulatory...more
Following on the heels of recent Washington legislation promoting electrification of the transportation system, Oregon Governor Kate Brown on July 15 signed SB 1044, legislation that strengthens Oregon’s legislative and...more
A panel report issued by the World Trade Organization (WTO) in June 2019 concludes that preferences for in-state manufacturers, a common feature of many state renewable energy statutes, violate the General Agreement on...more
On July 30, the Washington Utility and Transportation Commission (UTC) and Department of Commerce (Commerce) will initiate the lengthy process of developing administrative rules to implement the newly-enacted Clean Energy...more
As part of its comprehensive effort to reduce greenhouse gas emissions in Washington, the 2019 legislature adopted a new measure, HB 1257, aimed at reducing greenhouse gas emissions from Washington’s commercial building...more
As part of a package of bills aimed at reducing the state’s greenhouse gas emissions, the 2019 Washington State legislature passed legislation that should accelerate the adoption of electric vehicles (EVs), as well as...more
Many companies that have submitted confidential business information to the federal government have learned the hard way that the Courts and federal agencies have not interpreted the word “confidential” under the Freedom of...more
7/3/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
After several years of fruitless effort, Washington’s 2019 legislature passed and Governor Inslee signed the Washington Clean Energy Transformation Act (CETA), which requires Washington’s electric utilities to phase out...more
Based on the success of the Metered Energy Efficiency Transaction Structure (MEETS) developed at Seattle’s Bullitt Center, the Seattle City Council last year adopted an ordinance directing Seattle City Light to enter into...more
After a lengthy administrative process, the Washington Utilities & Transportation Commission (UTC) on June 12, 2019, issued an order adopting final rules that implement the must-purchase requirements of the Public Utilities...more