Emerging companies

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By Michael J. Gergen, Eli. W. Hopson, and Andrew H. Meyer

Across North America, investor-owned utilities (IOUs), publicly-owned utilities (POUs), and other load-serving entities are issuing unprecedented requests for proposals or offers (RFPs or RFOs) for advanced energy storage projects.  Recent significant developments regarding the energy storage procurement policy established by the California Public Utilities Commission (CPUC) for California’s three largest IOUs, currently the largest procurement initiative in North America, have been summarized by Latham attorneys here and elsewhere.  In addition to this CPUC procurement initiative, there are now procurement initiatives underway elsewhere in California, as well as in Hawaii, New York, and the Province of Ontario, Canada.  Together, these initiatives indicate that energy storage technologies may be ready to move from the demonstration stage to commercial deployment. 

By Joshua T. Bledsoe and Aron Potash

California’s low carbon fuel standard (LCFS), a core component of the state’s greenhouse gas (GHG) emission reduction strategy, likely will survive a legal challenge and remain in effect despite an appellate court’s order indicating that the regulation was improperly adopted.

The California Court of Appeal for the Fifth Appellate District issued a tentative disposition on June 3, 2013, in POET, LLC et al. v. Goldstene, et al. finding that the California Air Resources…

By Michael Feeley and Aron Potash

A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources Board (CARB) on October 20, 2011, California will require certain emitters of GHGs to obtain allowances or offsets in amounts commensurate to their respective emissions…