EQT/Rice Merger Marks Turning Point for Regional Downstream Opportunities in the Appalachian Basin

By | Energy Law Today | June 23, 2017
David A. Jaffe, Partner, Fox Rothschild LLPEQT’s announcement last week of its acquisition of Rice Energy marks the end of one phase and the beginning of another in the epic U.S. shale revolution. Marcellus 1.0, as I like to refer to it, was mainly about rapidly amassing scale and establishing staying power in the face of enduring lackluster commodity prices. View Full Post
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CAISO Issues Draft Final Proposal On Energy Storage and Distributed Energy Resources

Originally posted on Troutman Sanders’ Washington Energy Report On June 8, 2017, the California Independent System Operator (“CAISO”) released the draft final proposal of Phase 2 of its energy storage and distributed energy resources (“ESDER”) initiative.  The aim of the proposal is to lower the barrier to entry and market participation for various transmission grid-connected energy storage and distribution-connected resources. View Full Post
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What is All the Hype About More Ethane Crackers Coming to the Marcellus Shale Play?

By | Energy Law Today | June 22, 2017
It is widely rumored that the Marcellus Shale Play can support a total of 3 ethane crackers. The math goes like this: By 2026-2030, an additional 267,000 barrels per day (b/d) of ethane could be available for use as a petrochemical feedstock from the Marcellus Shale Play; It is estimated that a world class cracker like Shell’s requires 90,000 b/d of ethane in order to produce the projected 1.5 million metric ton per year of ethylene; Thus, an additional 267,000 b/d of ethane is enough feedstock to support three ethane crackers each drawing 90,000 b/d of feedstock from the Marcellus Shale. View Full Post
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Pennsylvania Manufacturers’ Association Insurance Company V. Johnson Matthey, Inc.: Multiple Trigger Doctrine and Impacts to Superfund Litigation

By | E2 Law Blog | June 22, 2017
The Commonwealth Court recently held that certain Comprehensive General Liability (“CGL”) “occurrence” insurance policies issued before the institution of a blanket pollution exclusion cover latent environmental contamination that occurred during the policy period, even when such contamination does not manifest until after the policy period expires. View Full Post
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Federal Court Remands Corps Environmental Analysis for Dakota Access Pipeline

By | Pipeline Law | June 22, 2017
Despite oil already flowing through the pipeline, federal litigation involving the controversial Dakota Access Pipeline (DAPL) took another turn last week when partial summary judgment was granted to tribes challenging the adequacy of the US Army Corps of Engineers’ review of DAPL under the National Environmental Policy Act (NEPA) and other statutes. View Full Post
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Federal Court Remands Corps Environmental Analysis for Dakota Access Pipeline

By | The Nickel Report | June 21, 2017
Despite oil already flowing through the pipeline, federal litigation involving the controversial Dakota Access Pipeline (DAPL) took another turn last week when partial summary judgment was granted to tribes challenging the adequacy of the US Army Corps of Engineers’ review of DAPL under the National Environmental Policy Act (NEPA) and other statutes. View Full Post
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House Passes Energy-Related Bills Seeking to Amend Federal Power Act

On June 12, 2017, the United States House of Representatives passed a slate of ten energy-related bills. Notably, two of the passed bills seek to amend the Federal Power Act (“FPA”) and FERC’s attendant authority. H.R. 2274, the Hydropower Permit Extension Act, would authorize FERC to issue a preliminary permit to a hydropower construction license applicant for up to four years, instead of three as currently authorized. View Full Post
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NERC Recommends Inverter Changes After California Fire Disrupts Solar Generation

On June 8, 2017, the North American Electric Reliability Corporation (“NERC”) released a report on the August 2016 Blue Cut Fire, which resulted in the loss of 1,200 megawatts (“MW”) of solar photovoltaic (“PV”) power generation.  NERC’s report contains recommendations for avoiding similar incidents by reconfiguring solar inverters, the devices that convert solar energy from direct current to alternating current.On August 16, 2016, the Blue Cut Fire erupted in Southern California’s Cajon Pass, near a significant transmission corridor containing three 500 kilovolt (“kV”) lines owned by Southern California Edison (“SCE”) and two 287 kV lines owned by the Los Angeles Department of Water and Power (“LADWP”).   View Full Post
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