The COVID-19 pandemic has created a challenging situation for small businesses across the Commonwealth and the United States, including closed courts. Most, if not all, businesses in Pennsylvania are struggling, but there are COVID-19 loan programs out there that
Energy
USEPA Releases Draft Guidance which would allow additional construction activities in advance of obtaining a pre-construction permit
On March 25, 2020, USEPA released draft guidance regarding its interpretation of “begin actual construction” under the regulations implementing the New Source Review (NSR) permitting program.
Those regulations provide that “[n]o new major stationary source or major modification to which…
What Did the Mineral Deed Convey?
WTX Fund, LLC v. Brown, is Texas mineral deed construction case.
In the same year as that crazy thing happened at Coogan’s Bluff, the Roaches executed a Mineral Conveyance to the Holts. Let’s review the transaction and ask ourselves why…
Force Majeure Clauses and Impossibility of Performance During COVID-19 and Coronavirus
Over the past few weeks and months, Texas, the United States, and the world have felt increasingly devastating impacts from COVID-19, commonly known as the coronavirus. In addition to the dire health concerns, practical realities and government orders in numerous…
Crude Oil Prices and Prices at the Pump
This morning, I noticed that the
price of gasoline at the pump was $1.77 per gallon. To put that in perspective, when I first
started driving, I remember the price being around $2.02 per gallon…
How does the price of…
FERC Declines Opportunity to Weigh in on Zero Avoided Cost Pricing under PURPA
On March 27, 2020, FERC denied NorthWestern Corporation’s (“NorthWestern” or the Company) petition for a declaratory order regarding Qualifying Facility (“QF”) avoided cost pricing during times of excess generation. In its petition, NorthWestern asked the Commission to determine that (1)…
Divided D.C. Circuit Weighs Precedential Value of FERC Staff Delegated Letter Orders in Rate Dispute
On March 27, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied a petition for review filed by Baltimore Gas and Electric Company (“BG&E) arguing, among other things, that FERC’s application of its…
FERC Orders, Notices, and Other Guidance Regarding the Novel Coronavirus
Last week the Federal Energy Regulatory Commission (“FERC”) continued to issue orders, notices, and guidance related to the current novel coronavirus pandemic, the health and safety of FERC and energy industry employees, and the continued reliability of the U.S. energy…
EPA Inspector General Finds Declining Enforcement and Compliance Resources and Outcomes
An EPA Inspector General (IG) report issued on March 31 found that agency enforcement and compliance activity and resources have generally declined – substantially on certain measures – between Fiscal Year (FY) 2006 and FY 2018. (The EPA FY runs…
FERC Establishes Paper Hearing on Proposed Rejection of FERC-Jurisdictional Contracts in Bankruptcy
On March 30, 2020, FERC issued an order establishing a paper hearing to evaluate Energy Harbor LLC’s (formerly known as FirstEnergy Solutions Corp.) proposed rejection in bankruptcy of a variety of FERC-jurisdictional contracts (“Jurisdictional Contracts”). FERC’s order follows a recent…