Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more
Interior Secretary Deb Haaland announced the advancement of 15 new renewable energy projects in the western U.S., including a 500 MW photovoltaic facility in Riverside County, which was fully operational Friday, as well as...more
In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more
Although in the Ninth Circuit the decision to revisit an order under FRCP 60 is “highly discretionary,” judges still must explicitly grapple with the relevant factors. That was the clear message sent by Judge Haywood Gilliam...more
In their Wildfire Mitigation Plans (WMPs), Pacific Gas & Electric Company (PG&E) and Southern California Edison (SCE) indicate plans to spend roughly $18 billion and $5.8 billion respectively over the 2023-2025 WMP cycle....more
Two recent decisions from circuit courts of appeal – the Fifth and Ninth – have addressed a question that does not arise often: in a solvent-debtor chapter 11 case, is the debtor required to pay post-petition interest...more
On August 29, 2022, in the PG&E bankruptcy matter, the Court of Appeals for the Ninth Circuit became the first circuit-level court to address the question of what is the correct rate of interest to be applied to unimpaired...more
The common law solvent debtor exception, in short, means that a solvent debtor must generally pay post-petition interest accruing during bankruptcy at the contractual or state law rates before collecting surplus value from...more
Expansion of clean energy loans is ‘sleeping giant’ of climate bill - The New York Times – August 22 - Tucked into the Inflation Reduction Act that President Biden signed last week is a major expansion of federal loan...more
State considers more aggressive goals for offshore wind development Bullet Eureka Times-Standard – July 2 Last Monday, the California Energy Commission held a workshop regarding potentially advancing higher offshore wind...more
On May 20, 2022, the California Public Utilities Commission (CPUC or Commission) issued a proposed decision (PD) that would, among other things, adopt Southern California Edison’s (SCE) 24-hour-slice proposal as the new...more
In March 2022, Pacific Gas & Electric (“PG&E”) announced a partnership with General Motors to create a bidirectional electric vehicle (“EV”) charging program in California that would allow homes and small businesses to be...more
Audit: California too slow in offering surplus land for affordable housing - Bullet U.S. News & World Report – March 22 California has not effectively used surplus properties owned by the state to help alleviate the...more
It begins with an awkward mouthful. Outside a bankruptcy brief, is “unimpairment” even a word? (No, per Merriam-Webster.) Inside Chapter 11, it’s much more: a trend. ...more
PG&E intends to increase average electric rates for its agricultural, commercial, and industrial customers between 7 and 25 percent starting in 2023, with a corresponding increase in average gas rates of up to approximately 4...more
CPUC delays vote on controversial rooftop solar proposal - The San Diego Union-Tribune – January 21 - The California Public Utilities Commission (CPUC) has postponed a vote on a controversial proposal that would...more
EIA: California hydroelectric facilities continue to respond to prices despite drought - Renewable Energy World – December 7 - Despite widespread drought conditions, hydroelectric power plants in the California...more
The Court of Appeal held that a CEQA challenge to a decision approving removal of trees adjacent to PG&E gas pipelines was time-barred because an agreement to toll the statute of limitations did not include PG&E, which was an...more
U.S. solar installations soared by 46% in the first quarter - CNBC – June 15 - In the first quarter, solar installations soared 46% to more than 5 GW, according to a report by energy research firm Wood Mackenzie and...more
A United States District Court (N.D. California) (“Court”) addressed in an April 22nd Order whether the statute of limitations (“SOL”) barred a Clean Water Act (“CWA”) citizen suit action. See Clarke v. Pacific Gas & Electric...more
California’s latest demand-side emergency plan draws criticism from providers - Greentech Media – March 10 - The California Public Utilities Commission (CPUC) issued the latest proposal to prevent rolling blackouts....more
Congress passes spending bill with solar, wind tax credit extensions and energy R&D package - Bullet Greentech Media – December 22 - The U.S. Congress this Monday passed a massive spending bill that includes $35...more
PG&E has announced that it will sell its Pleasant Creek natural gas storage field, has retained an investment banker, and is now publicly soliciting bids. But who will buy the 400 acres of land located between Sacramento and...more
On June 22, 2020, the Federal Energy Regulatory Commission ("FERC") issued an order concluding that FERC and the U.S. bankruptcy courts have concurrent jurisdiction to review and address the disposition of natural gas...more