The New York Law Journal reported on January 2, 2014 that the Town of Prattsburgh, which, during the relevant time, had virtually no laws, codes or requirements on the books governing the installation of wind turbine facilities, was not permitted by the court to retroactively preclude Ecogen Wind from building a wind farm in Steuben County, New York.
Hydraulic Fracturing: State Regulatory Roundup – Developments in New York, Minnesota and Pennsylvania
Fracking Insider Readers: We are pleased to bring you Volume 30 of our State Regulatory Roundup, including updates in Minnesota, New York, and Pennsylvania. As we explained in earlier volumes, we designed the Roundup to provide quick overviews on state regulatory activity. If you have any questions on any of these summaries, please do not hesitate to ask.
A recently released report warns environmental activists that their opposition to hydraulic fracturing is “a tragic mistake,” and asserts that shale gas provides a solution to two global environmental concerns: air pollution and greenhouse gas emissions.
The CFTC and FERC Agree to Disagree On the Reach of Each Agency’s Jurisdiction to Police Energy Markets
The Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC) have entered into a long-overdue, congressionally mandated Memorandum of Understanding (MOU) to establish procedures to resolve conflicts between the agencies over their respective overlapping jurisdictions to police, respectively, physical energy markets (i.e., contracts for physical delivery) and financial energy markets (i.e., futures, swaps, and derivative contracts).
Governor Tom Corbett is asking the Pennsylvania Supreme Court to reconsider its December 19, 2013 decision striking down key provisions of Act 13—a bill aimed at regulation of drilling activity in Pennsylvania’s Marcellus Shale deposit.
Contemplating IRS Safe Harbor for Rehabilitation Credits and Its Impact On the Energy Investment Tax Credit
The IRS recently issued Revenue Procedure 2014-12, providing a safe harbor under which the IRS will not challenge partnership allocations of “section 47” federal rehabilitation tax credits.
On January 2, 2014, the Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC) executed two Memoranda of Understanding (MOU) addressing issues concerning overlapping jurisdiction and information sharing procedures regarding their respective anti-manipulation enforcement powers.
On December 31, 2013, SolarWorld Industries America Inc. petitioned the Department of Commerce and the International Trade Commission to begin antidumping investigations against the People’s Republic of China and Taiwan and a countervailing duty investigation against the People’s Republic of China, relating to crystalline silicon photovoltaic products (“solar cells”).
In October 2013, The California Public Utilities Commission (CPUC) responded to the exceptional growth in the state’s demand for solar power with an energy storage mandate – the first of its kind in the US – that requires investor-owned utilities to purchase 200MW of energy storage by 2014 and 1.325 GW by 2020.