On Thursday, May 9, 2024, the California Independent System Operator (CAISO) issued an addendum to its Interconnection Process Enhancements (IPE) Track 2 Final Proposal, and issued a revised version of that addendum on May 17. Track 2 focuses on modifications
Rule of Professional Conduct 1.1 and Climate Change
Last month at the Pennsylvania Bar Institute’s Environmental Law Forum, over 100 environmental lawyers discussed the implications of the duty of competence imposed by Rule of Professional Conduct 1.1 on their practices in light of climate change. John Dernbach first
Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing
For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous landowners, but landowners are
FERC Accepts CAISO’s Request to Raise Soft Cap Offer
On April 25, 2024, FERC approved the California Independent System Operator Corporation’s (“CAISO”) request to increase its capacity procurement mechanism (“CPM”) soft cap offer from $6.31/kW-month to $7.32, which will become effective in June 2024.
Divided FERC Announces Much-Anticipated Transmission Rules
On May 13, 2024, the Commission announced two major transmission reform final rules: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation (“Order No. 1920”) and Applications for Permits to Site Interstate Electric Transmission Facilities (“Order No.
NEW Frequently Asked Questions About EPA’s Expansive PFAS Reporting Rule Under the Toxic Substances Control Act
Back in October of 2023, we provided a list of “Frequently Asked Questions” and answers regarding the US Environmental Protection Agency’s (EPA’s) final reporting rule for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
Senate Introduces Bipartisan Legislation to Give FERC Retroactive Refund Authority Under Section 5 of the Natural Gas Act
On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority to order refunds under section 5 of
Texas Deepwater Port Survives Legal Challenge
In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and operation of the Sea Port
U.S. Solar Manufacturers File New Antidumping and Countervailing Duty Petitions
In April 2024, the American Alliance for Solar Manufacturing Trade Committee (the Petitioner), a coalition representing leading U.S. solar manufacturers (Convalt Energy, First Solar, Meyer Burger, Mission Solar, Qcells, REC Silicon and Swift Solar), petitioned the U.S. Department of Commerce
Further Clarity to the Electric Vehicle Industry and Consumers Is Here, But It Is Not Done
An additional piece of the section 30D puzzle arrived last Friday when the Department of the Treasury (Treasury) and Department of Energy (DOE) released final rules (Treasury Rule and DOE Rule). Largely tracking the proposed regulations, which we