West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
Jones Day Talks: Developments in Germany's Wind Power Regulations
Welcome to Horizon, DLA Piper’s regular bulletin reporting on late-breaking legislative and policy developments in ESG. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business decisions....more
Solar Powered Generation Sees Significant Growth while Some Solar Energy is Increasingly Blocked from Production - Our Currents focus article this month is on developments in the growth of solar electric power generation...more
Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more
The Cost of "Electrification" “Electrification” has become a ubiquitous term these days, although depending on who you ask, it might have different meanings. However defined, a critical component of electrification as a...more
Despite the continuing impact of the COVID-19 pandemic, including lockdowns, vaccinations, and containment and relief efforts, the 2021 Session of the Virginia General Assembly produced a number of environmental protection...more
On July 23, 2020, Governor DeWine addressed the arrest of Ohio House Speaker Larry Householder, the movement to repeal H.B. 6 (the legislation regarding Ohio’s two nuclear power plants at the heart of the allegations against...more
The Regional Greenhouse Gas Initiative (RGGI) is a cooperative effort among 10 northeastern states to cap and reduce CO2 emissions from fossil-fueled power plants. A bill passed in the 2020 Virginia General Assembly Session...more
Renewable bill would raise rates by up to 10 percent per year - The Senate Finance and Natural Resources and Energy committees took testimony this week on S.267, a bill to increase to 100 percent the renewable energy...more
With the start of a new decade, our team wants to share an overview of the past year and a look ahead to the coming months. Please find here a review of relevant legislation that the General Assembly passed in 2019, a summary...more
At the outset of 2019, Pennsylvania Governor Tom Wolf set a goal for Pennsylvania to significantly reduce greenhouse gas emissions. Now, Governor Wolf plans to achieve that goal by taking the bold step to establish a carbon...more
In a move that will have a significant impact on Pennsylvania's power producers, Governor Tom Wolf signed an executive order on October 3rd directing the state's Department of Environmental Protection (PADEP) to create...more
New York City Council recently passed the Climate Mobilization Act, which contains six measures designed to reduce greenhouse gas emissions produced by the city’s built environment. ...more
In January of 2018, the Virginia State Air Pollution Control Board (“Air Board”) published a proposed rule to establish a CO2 emissions cap and trade program in Virginia (the “Original Proposal”). The regulations set an...more
U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more
WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more
On July 25, 2017, the U.S. District Court of the Southern District of New York dismissed a case brought by fossil fuel generators against New York’s recently established zero emission credit program....more
Before ultimately answering the questions posed in the title above on a National Energy Plan, in full disclosure it should be noted that I have been employed by and/or have been an investor in oil, natural gas, coal and...more
One of the most important issues currently facing the power industry is the potential conflict between federal and state roles in power supply planning. Two recent developments at the federal level bear directly on this...more
In This Issue: - Latest Aboveground Storage Tank Act Developments: Interpretive Rule Adopted and Comments Filed on Draft Emergency Rule: On October 21, 2014, the West Virginia Department of Environmental...more