Columbia Climate Law

NOVEMBER 27, 2013

By Sascha Yim, Guest Blogger*. In the latest development in the country’s unfolding net metering battle, the Arizona Corporation Commission recently ruled that the state’s utility, Arizona Public Service (APS), could impose a $0.70 per kilowatt charge on solar customers beginning in 2014. The decision comes at a time when the future of net metering policy is one of the solar industry’s most hotly debated issues.

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Law Columbia

NOVEMBER 12, 2013

Teresa Parejo. Associate Professor of Law (Carlos III University). Visiting Scholar at the Center for Climate Change Law. The EU ETS (European Union Emissions Trading System), the most important EU tool to fight against climate change, is now facing two challenges of great significance: 1. In October 2013, the International Civil Aviation Organization (ICAO) Assembly agreed to develop a global market-based mechanism (MBM) by 2016 addressing international aviation emissions and to apply it by 202

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The Energy Law Blog

NOVEMBER 1, 2013

By Jillian Marullo Senate Bill 514, signed into law on June 14, 2013, authorizes saltwater pipeline operators in Texas “to install, maintain, and operate” saltwater pipelines “through, under, along, across, or over a public road” in order to transport the wastewater produced by hydraulic fracturing operations to disposal sites. The bill, which was introduced by Sen.

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Vermont Law

JUNE 25, 2013

. Stewardship of Public Lands and Cultural Resources in the Tennessee Valley: A Critique of the Tennessee Valley Authority’s “New Deal”. .

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Speaker: Kevin Kai Wong, President of Emergent Energy Solutions

In today's industrial landscape, the pursuit of sustainable energy optimization and decarbonization has become paramount. Manufacturing corporations across the U.S. are facing the urgent need to align with decarbonization goals while enhancing efficiency and productivity. Unfortunately, the lack of comprehensive energy data poses a significant challenge for manufacturing managers striving to meet their targets.

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The Energy Law Blog

NOVEMBER 1, 2013

By Jillian Marullo House Bill 2767, which took effect on September 1, 2013, was enacted to encourage recycling of the wastewater produced in hydraulic fracturing (or “fracking”) and other oil and gas operations. A hotly contested issue is the consumption of water by fracking activities. Fracking involves the injection of several millions of gallons of water, combined with sand and small amounts of chemicals, into underground formations to fracture the rock in order to release deposits of oil and

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Law Columbia

OCTOBER 17, 2013

Ethan I. Strell, Associate Director & Fellow. Columbia Center for Climate Change Law. In a subtle but meaningful shift, the environmental impact review process in New York City is beginning to more systematically consider the potential effects of a changing climate on proposed projects, not just the effects that a project might have on the environment.

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The Energy Law Blog

SEPTEMBER 20, 2013

By Jillian Marullo House Bill 788, signed into law on June 14, 2013, authorizes the Texas Commission on Environmental Quality (“TCEQ”) to regulate emissions of carbon dioxide and five other greenhouse gases (“GHG”) “[t]o the extent that greenhouse gas emissions require authorization under federal law.” The legislation gives TCEQ the authority to issue permits authorizing GHG emissions and develop rules governing the permitting process as well as rules for transitioning the process away from the

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Law Columbia

SEPTEMBER 19, 2013

by Shelley Welton, Deputy Director & Fellow. In what can only be interpreted as a major victory for California, the Ninth Circuit ruled on Wednesday, September 19 in Rocky Mountain Farmers Union v. Corey that the state’s Low Carbon Fuel Standard (LCFS) was neither discriminatory nor extraterritorial under the dormant Commerce Clause, reversing the district court opinion.

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The Energy Law Blog

SEPTEMBER 17, 2013

By Sarah Y. Dicharry On July 20, 2013, the Louisiana Department of Natural Resources amended its reporting and disclosure requirements for hydraulic fracturing stimulation operations. 39 La. Reg. 1824 (July 20, 2013). The amendment does not significantly alter the substance of the reporting requirements, but it imposes a new twenty-day reporting deadline (required by a 2012 statutory amendment).

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Law Columbia

AUGUST 21, 2013

On August 21, CCCL released a new white paper that evaluates the legal workability and constitutionality of regulating imports into the Regional Greenhouse Gas Initiative, or “RGGI” (for background on RGGI, the Northeastern states’ cap-and-trade program for carbon dioxide, see prior posts ). RGGI is currently in an exciting period of reform. In February 2013, participating states announced plans to lower RGGI’s cap on carbon dioxide emissions by 45% in 2014.

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Speaker: Antoine M. Thompson, Executive Director of the Greater Washington Region Clean Cities Coalition

Diversity, Equity, Justice, and Inclusion (DEJI) policies, programs, and initiatives are critically important as we move forward with public and private sector climate and sustainability goals and plans. Underserved and socially, economically, and racially disadvantaged communities bear the burden of pollution, higher energy costs, limited resources, and limited investments in the clean energy and transportation sectors.

Clean Energy

The Energy Law Blog

JULY 26, 2013

By Greg Johnson and Stephen Wiegand In a July 17, 2013 decision, the United States Court of Appeals for the Fifth Circuit vacated a $6 million dollar penalty levied under the Clean Water Act (“CWA”) against CITGO Petroleum Corporation (“CITGO”) and remanded the matter to the Western District of Louisiana for further consideration. See U.S. v. CITGO Petroleum Corp., Case No. 11-31117 (5th Cir.

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The Energy Law Blog

JULY 25, 2013

By Carlos J. Moreno and Robert E. Holden EPA’s most recent NPDES regulations for stormwater permitting of oil and gas facilities were vacated by the Ninth Circuit in 2008 and new regulations have not been promulgated. To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005.

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The Energy Law Blog

JULY 23, 2013

By Lesley Foxhall Pietras A recent opinion by the United States Court of Appeals for the Third Circuit has breathed new life into Clean Air Act Section 126(b), which allows downwind state and local governments to petition the Environmental Protection Agency (“EPA”) for immediate relief from interstate pollution caused by a major source (or a group of sources) in an upwind state.

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Law Columbia

JULY 16, 2013

By Yan Gu, Summer Intern. The European Parliament recently voted through a temporary plan to delay the auction of hundreds of millions of EU emission allowances (EUAs) for several years, in order to avoid flooding the market with new allowances while prices are near historic lows. This decision allows what is known as the “back-loading” proposal to proceed to further negotiations with the European Council to reach a commonly approved text that could become law in the future.

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Speaker: Laurie Schoeman Director, Climate & Sustainability, Capital

As households and communities across the nation face challenges such as hurricanes, wildfires, drought, extreme heat and cold, and thawing permafrost and flooding, we are increasingly searching for ways to mitigate and prevent climate impacts. During this event, national climate and housing expert Laurie Schoeman will discuss topics including: The two paths for climate action: decarbonization and adaptation.

2022

The Energy Law Blog

JULY 1, 2013

By Lesley Foxhall Pietras On June 24, 2013, the U.S. Supreme Court granted the petitions for writs of certiorari filed by the U.S. Environmental Protection Agency (“EPA”) and the American Lung Association in the litigation involving EPA’s Cross-State Air Pollution Rule (“CSAPR”). The CSAPR sets limits on sulfur dioxide and nitrogen oxides from power plants in 28 upwind states in the eastern part of the country.

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The Energy Law Blog

JUNE 26, 2013

By Bob Holden and Jillian Marullo On April 23, 2013, in a case of first impression, the D.C. Circuit Court of Appeals held that the EPA’s veto authority under section 404(c) of the Clean Water Act (CWA), 33 U.S.C.§ 134(c), “clearly and unambiguously” includes the power to retroactively revoke portions of a Section 404 dredge and fill permit issued by the U.S.

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The Energy Law Blog

JUNE 19, 2013

By Lesley Foxhall Pietras On April 18, 2013, the U.S. Environmental Protection Agency (EPA or Agency) committed to improving air emissions data for the oil and natural gas production sector. EPA made this commitment in response to the Office of Inspector General’s February 20, 2013 report, “EPA Needs to Improve Air Emissions Data for the Oil and Natural Gas Production Sector” (pdf) (Report).

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The Energy Law Blog

JUNE 19, 2013

On October 25, 2012 the Environmental Protection Agency (EPA) published its corrected definition of “regulated NSR pollutant.” The Louisiana Department of Environmental Quality (LDEQ) adopted EPA’s revised definition of “regulated new source review (NSR) pollutant” at LAC 33:III.509.B in a May 20, 2013 Louisiana Register Notice. 39 La. Reg. 1280 (May 20, 2013).

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Sustainable Development

The Energy Law Blog

JUNE 6, 2013

In a legacy case defended by Liskow & Lewis, the Louisiana Supreme Court recently denied Plaintiff-landowners’ writ application seeking review of an opinion of the Louisiana Third Circuit Court of Appeal that affirmed a unanimous jury verdict in favor of BP. Houssiere v. ASCO USA, 12-791 (La. App. 3 Cir. 1/16/13), 108 So. 3d 797. The Houssiere plaintiffs brought breach of contract and tort claims against BP under Act 312 for alleged contamination of property caused by historic oil and gas op

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The Energy Law Blog

APRIL 22, 2013

By Stephen W. Wiegand On August 16, 2012, EPA issued new source performance standards (NSPSs) for the oil and gas sector. The standards applied to various sources including storage tanks used in crude oil and natural gas production. On April 12, 2013, EPA announced proposed amendments to the rule pertaining to storage tanks. The proposed rule clarifies that the new NSPS standard applies only to vessels containing crude oil, condensate, intermediate hydrocarbon liquids, or produced water ( i.e. ,

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The Energy Law Blog

MARCH 7, 2013

By Robert E. Holden The recent decision by the U.S. Court of Appeals for the Fifth Circuit in Center for Biological Diversity, Inc. v. BP America Production Co., et al , no. 12-30136 (5th Cir. Jan. 9, 2013) (“ CBD ”), reversed in part the district court’s dismissal of citizen suit claims against BP in connection with the Deepwater Horizon incident, upholding the citizen suit cause of action seeking to have BP submit EPCRA reports regarding the Macondo spill.

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The Energy Law Blog

JANUARY 2, 2013

By Sarah Y. Dicharry and Robert E. Holden After Deepwater Horizon, the President directed the Secretary of the Interior to develop a report concerning safety on the Outer Continental Shelf (“OCS”). In response, the Secretary of the Interior drafted a report entitled, “Increased Safety Measures for Energy Development on the Outer Continental Shelf,” which recommended a number of actions to increase safety.

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Vermont Law

JUNE 25, 2013

. Australian and United States Law of Aboriginal Land Rights: A Comparative Perspective. .

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Vermont Law

JUNE 25, 2013

. The Implications of G.E. v. Joiner for Admissibility of Expert Testimony. .

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Vermont Law

JUNE 25, 2013

. Legal Policies Surrounding the Degradation of Indonesia’s Forests. .

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Vermont Law

JUNE 25, 2013

. Volume 1 • Issue 1. .

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The Energy Law Blog

JANUARY 10, 2013

By Lesley Foxhall Pietras On December 21, 2012, the Environmental Protection Agency (EPA) issued a policy announcement addressing how it will deal with source aggregation following the Sixth Circuit’s decision in Summit Petroleum Corp. v. EPA, 690 F.3d 733 (6th Cir. Aug. 7, 2012). (Our previous blog entry on this decision is available here.) In Summit , the Sixth Circuit concluded that the term “adjacent” implies only physical proximity, and EPA’s consideration of functional interrelatedness to

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