On December 16, 2024, the Federal Energy Regulatory Commission (“FERC”) directed American Efficient, LLC, its subsidiaries, and corporate parents (collectively, “American Efficient”) to show cause why American Efficient should not be found to have violated anti-manipulation rules. The order alleges that American Efficient engaged in a manipulative scheme to extract millions of dollars in capacity
PSE&G to Pay $6.6 Million Penalty for Failing to Provide Full and Accurate Information to PJM
On December 5, 2024, the Federal Energy Regulatory Commission (“FERC”) approved Public Service Electric and Gas Company’s settlement agreement (“PSE&G”) to pay a $6.6 million civil penalty to resolve an ongoing investigation with FERC’s Office of Enforcement (“FERC Enforcement”). According to FERC’s order, the underlying investigation involved PSE&G’s alleged failure to provide full and accurate
D.C. Circuit Upholds FERC Order Requiring Stingray to Restore Service Before Abandoning Damaged Pipeline
On December 20, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s order authorizing Stingray Pipeline Company, L.L.C. (“Stingray”) to abandon a portion of its pipeline system on the condition that before doing so, Stingray either restore service or obtain a shipper agreement that the damaged pipeline
NYSERDA Issues Request for Information in Preparation for Sixth OREC Solicitation with Transmission Issues in the Forefront
As New York’s fifth Offshore Wind Renewable Energy Certificate (OREC) solicitation enters its final stages, the New York State Energy Research and Development Authority (“NYSERDA”) issued a Request for Information (“RFI”) on December 18, 2024, to solicit feedback concerning its next solicitation, which has been dubbed “NY6”.
Carbon Capture: Tax Impacts of Utilization & Storage
One promising solution to climate change is Carbon Capture, Utilization and Storage (“CCUS”). CCUS involves capturing carbon oxides, primarily carbon dioxide (CO2), for permanent storage or potential utilization. Interest in CCUS increased after the Inflation Reduction Act (“IRA”) revamped Section 45Q of the US Tax Code to expand tax credits for those engaged in CCUS projects.
SCOTUS Declines to Review California’s Clean Air Act Preemption Waiver—Current Implications and Expected Response from the Incoming Administration
Sedalia E. Jones-Kennelly ● Update and Background The U.S. Supreme Court, in Diamond Alternative Energy, LLC v. EPA, et al,[1] recently declined to review whether the Environmental Protection Agency (“EPA”) exceeded its authority by granting a preemption waiver for California’s greenhouse-gas emission standards and zero emission-vehicle mandate.[2] Under the Clean Air Act (“CAA”), “emission standard”
Co-Location of Data Centers with Renewable Energy Projects: Legal, Environmental, and Operational Considerations
The dramatic increase in the use cases for data storage, artificial intelligence and cloud computing have resulted in an atmospheric level rise in the demand for data centers, and the question of providing sufficient power to support those data centers has become paramount. Simultaneously, there has been an increasing emphasis on utilizing green energy as corporations
No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?
Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts of Act 2 cleanups. Nevertheless, research has not revealed any decision of any Pennsylvania state or federal court or of the Environmental Hearing Board deciding
Wind Farms: NIMBY Unless You Ask Permission
For the Osage Indian Tribe, it’s more like “IMBY if you pay me”. In the latest interation of United States and Osage Minerals Council v. Osage Wind LLC et al the US District Court for the Eastern District of Oklahoma awarded a judgment for damages against the defendants. Much more important was the order for
FERC Issues Final Rule on Clean Water Act Section 401 Water Quality Certification Requirements
On November 21, 2024, the Federal Energy Regulatory Commission (“FERC”) issued a final rule establishing a categorical one-year “reasonable period of time” for certifying authorities to act on requests for water quality certification under section 401 of the Clean Water Act (“CWA”). The final rule also clarifies that all FERC authorizations “that have the potential