Drytech, NFAs, and ISRA Triggers: The Ultimate Clingy Relationship

By | E2 Law Blog | February 23, 2017
Have you ever wanted to escape a clingy and annoying relationship? In terms of environmental compliance, triggering New Jersey’s Industrial Site Recovery Act (ISRA) can evoke the same feelings of frustration.  N.J.S.A. 13:1K (­­­­1993). The recent Drytech, Inc. v. State of New Jersey, in particular, highlighted the pesky and recurrent nature of ISRA. View Full Post
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FERC and CPUC Approve Utilities’ Innovative Request to Own a 50 MW Solar Project in Partnership with a Tax Equity Investor

For the first time, a regulated electric utility, Liberty Utilities (CalPeco Electric) LLC (“Liberty”), recently obtained all state and federal regulatory approvals to partner with a tax equity investor to acquire, own, and operate a utility-scale solar project.  By using a tax equity partnership, the utility can more efficiently take advantage of federal solar tax incentives and thereby decrease the cost of the solar energy for the benefit of its customers. View Full Post
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Gordon Arata and Montgomery Barnett to Merge

By | Drill Deeper | February 21, 2017
New Orleans, LA – The law firms of Gordon, Arata, McCollam, Duplantis & Eagan, LLC and Montgomery Barnett, L.L.P. announce their merger to become Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, LLC, effective March 1, 2017.  Gordon Arata Montgomery Barnett will have offices in New Orleans, Lafayette, Baton Rouge, and Houston. View Full Post
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Mineral Lease Prevails in Louisiana Royalty Dispute

By | Energy & the Law | February 21, 2017
Posted by Charles Sartain Co-author Brooke Sizer Prevails over what, you ask? In Gladney v. Anglo-Dutch Energy, LLC, a conditional allowable from the Office of Conservation didn’t supersede lease royalty obligations. How did we get here? Anglo-Dutch completed a gas well on the Gladneys’ lease and then filed a pre-application notice for a compulsory drilling and production unit and applied for a conditional allowable. View Full Post
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New Financial Responsibility Requirements On the Horizon for the Hardrock Mining Industry

gravel pit with an industrial gravel sorter machinery with beautiful sunburst color effectThe United States Environmental Protection Agency (U.S. EPA) issued a proposed rule on December 1, 2016 requiring hardrock mines to provide financial assurance demonstrating they are able to fund the costs associated with the future cleanup of the mines under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal statute designed to address releases of hazardous substances and the cleanup of hazardous waste sites nationwide. View Full Post
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President Trump Signs Resolutions Eliminating Regulatory Requirements

President Trump Signs Resolutions Eliminating Regulatory Requirements Last week, President Donald J. Trump signed two congressional resolutions overturning rules that impact the energy extraction and mining industries. On Tuesday, February 14, President Trump signed a resolution eliminating a June 2016 SEC rule that required companies engaged in the commercial development of oil, natural gas, or minerals to disclose payments, including taxes, royalties and fees, made to foreign governments. View Full Post
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Public Efforts to Support Next-Generation Nuclear Gaining Traction

By | New Nuclear | February 17, 2017
Small modular reactors (SMRs) have seen some positive legal and policy developments recently. A bill to provide tax exemptions for manufacturers of small modular reactors was introduced in the Washington state legislature.  Although in the early stages, this bill provides a new and potentially useful model for other states to follow to boost their advanced nuclear and SMR industries.  View Full Post
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New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources

By Michael Gergen and David E. Pettit On January 19, 2017, the Federal Energy Regulatory Commission (FERC or Commission) issued a new policy statement entitled “Utilization of Electric Storage Resources for Multiple Services When Receiving Cost-Based Rate Recovery” (Storage Policy Statement or Policy Statement), which clarifies that electric storage resources may receive cost-based recovery for certain services, such as transmission or grid support services, while also receiving market-based revenues for separate services, such as selling electric energy, capacity and ancillary services in the organized wholesale markets, so long as adequate protections are in place to address potential abuses. View Full Post
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NY ISO Outlines Steps for Integrating Distributed Resources

By | Inside Energy & Environment | February 17, 2017
The NY Independent System Operator recently issued a plan for addressing the nuts-and-bolts issues associated with integrating distributed energy resources (DERs) into the wholesale electricity market.  The NYISO says its Distributed Energy Resources Roadmap for New York’s Wholesale Electricity Markets is “the first step in building (the) grid of the future” and seamless transition “from a primarily central station-based grid to a diverse bi-directional grid.” Background New York is implementing a sweeping “Restoring the Energy Vision” initiative (REV) aimed at a substantial transformation of electric utility practices to empower customer choice and encourage greater penetration of clean generation and behind-the-meter resources.  View Full Post
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Monsanto Uses the Constitution to Challenge Warning Labels for Herbicide

Monsanto has, at least temporarily, lost its fight to avoid a Prop 65 warning label on its products containing glyphosate, a chemical used in the popular herbicide Roundup.  On January 27, 2017, a California judge tentatively dismissed Monsanto’s claims that the State of California unconstitutionally turned to an unelected, European organization to decide whether glyphosate posed a cancer risk. View Full Post
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