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Newsletter Articles

New Developments Integrating Wind and Solar Power into the Power Grid

April 14, 2014

Wind producers’ (and solar) generation projects are increasing the level of services and transmission that Regional Transmission Organizations and Balancing Authorities are required to provide to integrate them into their systems. Those systems were originally designed primarily for thermal generation whose output is more subject to control to follow utility load patterns. More

Landmark Agreement Near in Upper Klamath Basin: Implementation Uncertain

April 1, 2014

The Upper Klamath Basin water users, the Klamath Tribes, the United States, and the State of Oregon tentatively reached an agreement on March 4, 2014 which may resolve years of litigation over water rights in the Klamath basin. More

Supreme Court to Decide Whether CERCLA Statute Can Revive Otherwise Time-Barred Toxic Tort Suit

April 1, 2014

A corner of Superfund rarely explored by most CERCLA lawyers is the subject of a U.S Supreme Court case that will be heard this term. The case is not about cleanup, but about whether CERCLA can be used to revive otherwise time-barred toxic tort claims brought under a state statute. More

California Utilities Struggle to Comply With State Energy Storage Requirements

March 19, 2014

California’s three major investor-owned electric utilities took the first steps last month to comply with stringent new energy storage requirements established under a 2010 state law known as Assembly Bill (AB) 2514. More

EPA Revises CWA Construction Stormwater Rule; Removes Controversial Numeric Turbidity Limits

March 19, 2014

More than four years after finalizing its Clean Water Act (“CWA”) construction stormwater rule, EPA has issued a revised rule eliminating controversial numeric limits for turbidity. More

Climate Change and Agriculture in the Northwest: Challenges and Opportunities

March 3, 2014

Climate change impacts to agriculture in the Pacific Northwest are detailed in the recent report, Climate Change in the Northwest: Implications for Our Landscapes, Waters, and Communities. More

Justices Hear Challenge to EPA’s Authority to Regulate Greenhouse Gas Emissions

March 3, 2014

On February 24th, the U.S. Supreme Court heard oral argument in Utility Air Regulatory Group v. EPA,[1] a case that has the potential to narrow EPA’s authority to regulate emissions of greenhouse gases (GHGs) from stationary sources, such as power plants and factories, under the Clean Air Act. More

Insurers Cannot Use Subrogation to Recover Cleanup Costs Paid to an Insured From Other PRPs

February 10, 2014

The U.S. Supreme Court has written the last chapter in a years-long effort by an insurance company to recover money paid to an insured from other PRPs in a CERCLA case under a subrogation theory. More