On December 3, 2020, Seattle Mayor Jenny Durkan announced new measures for electrifying buildings to help achieve the City’s aggressive climate goals. By updating its energy code, Durkan proposes banning the use of natural...more
On November 30, 2020, the U.S. Senate confirmed the paired nominations of Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). The nomination returns the Commission to a full five...more
Representatives from both the hydropower industry and environmental conservation associations recently issued a Joint Statement of Collaboration on U.S. Hydropower (“Joint Statement”). The Joint Statement was the product of...more
Acting in response to a Trump Administration Executive Order instructing federal agencies to reduce regulatory uncertainties and expedite construction of energy infrastructure, the Federal Energy Regulatory Commission (FERC)...more
On October 22, 2020, the Oregon Supreme Court rejected claims by youth climate activists seeking to expand the state’s public trust doctrine to address climate change. The court ruled that the state did not have an...more
On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement clarifying that it has jurisdiction over rules incorporating state-determined carbon pricing in wholesale electric...more
Following on the heels of its recent rejection of the Montana Public Service Commission’s (PSC) new standard contracts for small “Qualifying Facilities” (QFs) under the Public Utility Regulatory Policies Act of 1978 (PURPA),...more
On September 17, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2222, which paves the way for aggregated distributed energy resources to participate in the nation’s “organized” wholesale electricity...more
On August 24, 2020, the Montana Supreme Court ruled that the Montana Public Service Commission (PSC) failed to properly justify changes it approved for the standard-offer rates and contracts for small renewable energy...more
The Trump Administration’s efforts to clarify the scope of liability under the Migratory Bird Treaty Act (MBTA) suffered a setback when the U.S. District Court for the Southern District of New York concluded that the statute...more
Last year, the U.S. Department of Justice filed a lawsuit in the U.S. District Court for the Central District of California challenging the constitutionality of California’s linkage of its cap-and-trade program to a similar...more
On July 27, 2020, President Trump nominated Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). If approved by the Senate, the nominations would return the Commission to full...more
On July 27, 2020, President Trump nominated Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). If approved by the Senate, the nominations would return the Commission, which...more
On July 16, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 872, its Final Rule comprehensively rewriting its regulations for implementing the Public Utility Regulatory Policies Act of 1978 (PURPA)....more
Driven by the need to comply with ambitious state targets for reduction of greenhouse gases in the utility sector, the recent and planned retirement of much of the region’s coal fleet, and the capacity deficits that are...more
On June 30, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), acting as an en banc panel, rejected Federal Energy Regulatory Commission’s (FERC) long-standing practice of issuing tolling...more
The Federal Energy Regulatory Commission (FERC) has announced two technical conferences that are likely to lay the groundwork for future federal policy related to renewable energy development and decarbonization of the grid....more
Drawing on the long history of Oregon water rights, the Oregon Court of Appeals on June 10, 2020, issued an opinion in WaterWatch of Oregon v. Water Resources Department that carries significant implications for hydroelectric...more
After a long wait, the Treasury Department has issued proposed regulations to implement Section 45Q of the Tax Code, which provides tax credits for capturing and sequestering carbon oxides that would otherwise escape to the...more
On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued new rules designed to address concerns expressed by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) about abuse of landowner...more
Responding to the Ninth Circuit’s rejection of its program to implement the Public Utility Regulatory Policies Act of 1978 (PURPA) in Winding Creek Solar LLC v. Peterman, the California Public Utilities Commission on May 7...more
In an Executive Order issued on May 1, 2020, President Trump declared that the unrestricted supply of electrical equipment from foreign countries represents an “unusual and extraordinary threat to the national security,...more
Key Takeaways -
• Legislative Action: On April 12, Virginia Governor Ralph Northam signed the Clean Economy Act (Act), establishing significant new requirements for renewable energy, energy storage, and energy efficiency....more
On March 31, 2020, Washington Governor Jay Inslee issued a Guidance Bulletin providing important clarifications concerning which industries are considered “essential” and therefore exempt from his March 23 Proclamation...more
On March 18, 2020, Governor Jay Inslee signed HB 2405, legislation that for the first time authorizes Property Assessed Clean Energy (PACE) loans in the State of Washington. The PACE program has been used successfully in many...more