News & Analysis as of

Public Utility Construction Project

Ackerman & Ackerman, P.C.

ITC Moves Forward with Mid-Michigan Transmission Line Project

The Michigan Electric Transmission Company, LLC (“METC”), an International Transmission Company subsidiary, has filed two applications for certificates of public convenience and necessity for the construction of major...more

Bradley Arant Boult Cummings LLP

California Passes Legislation to Address Safety Concerns at Battery Energy Storage Facilities

In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in...more

Bricker Graydon LLP

The First Appellate District Court of Ohio confirms a contractor’s failure to notify OUPS before “grinding” operations is a breach...

Bricker Graydon LLP on

Recently, the First Appellate District confirmed that a failure to contact Ohio Utility Protection Service (OUPS) is a breach of an excavator’s duty of care and the plaintiff was entitled to recover the amount of damages...more

Keating Muething & Klekamp PLL

Eminent Domain Insight: Ohio Supreme Court Weighs in on Challenging the Necessity of a Public Use in a Utility Condemnation Action

Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more

Steptoe & Johnson PLLC

New Nationwide Permit 12 Released by United States Army Corps of Engineers

Steptoe & Johnson PLLC on

The United States Army Corps of Engineers (Corps) has completed its rule-making and released a pre-publication version of its final rule reissuing and modifying 12 existing nationwide permits (NWPs) and issuing four new NWPs....more

Bilzin Sumberg

U.S. P3 Market Year in Review

Bilzin Sumberg on

2019 was a banner year for public-private partnerships ("P3s") in the United States. More states than ever have enacted P3-enabling legislation. While many of these are transportation-related, it is clear that funding...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Zoning/Solar Panel Farm: Maryland Appellate Court Addresses Preemption Issue

The Court of Special Appeals (“Court”) of Maryland addressed in a November 15th opinion local governmental authority regarding the placement of a Solar Energy Generating System ([“SEGS”] i.e., a solar panel farm). See Board...more

Downey Brand LLP

Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process

Downey Brand LLP on

On October 24, 2018, the Fourth Appellate District upheld the trial court’s decision in Save Our Heritage Organization v. City of San Diego (D073064), finding that the use of an addendum as outlined in section 15164 of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Trump Infrastructure Plan May Open Opportunities for Projects"

After nearly two decades of widening concern over the declining state of U.S. infrastructure, it was not surprising that infrastructure became a central theme in the 2016 election cycle. Improving our nation’s transportation,...more

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