EPA and the U.S. Army Corps of Engineers (the Corps) are again attempting to expand their jurisdiction over wetlands and other ancillary waters. The move comes after years of debate, studies, and trips up and down the federal court system. More
Upholding EPA’s Cross-State Air Pollution Rule (commonly called the Transport Rule), the Supreme Court has handed a defeat to owners of power plants in 28 Eastern, Southern and Midwestern States. The rule requires reductions in emissions of nitrogen oxides and sulfur dioxide from power plants in those States to improve air quality in downwind States. More
The U.S. Bureau of Land Management (“BLM”) executed its Decision Record on February 7, 2014 authorizing the agency to complete what is commonly referred to as the “Utah Recreational Land Exchange.” This exchange proposal between the BLM and the State of Utah School and Institutional Trust Lands Administration (“SITLA” or “State”) has been in the making since 2005 and authorizes the conveyance of 33,608 acres of federal land to the State in exchange for 25,034 acres of State owned school trust land.
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
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
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’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