Environment, Land & Resources

Category Archives: Energy Regulatory

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EPA Will Not Require Financial Assurances From Electric Power Sector

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. By Claudia M. O’Brien and Stacey L. VanBelleghem On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility requirements on the Electric Power Generation, Transmission, and Distribution industry under Section 108(b) of the … Continue Reading

6 Things to Know about EPA’s Final ACE Rule

In a significant and potentially precedent-setting action, EPA terminates the Clean Power Plan, narrows the scope of required controls to the regulated unit, and axes previously available compliance options. By Stacey L. VanBelleghem and Robert A. Wyman On June 19, 2019, the US Environmental Protection Agency (EPA) released its final Affordable Clean Energy (ACE) Rule … Continue Reading

2012 German Law on Renewable Energy Does Not Constitute State Aid

ECJ ruling provides EU Member States more flexibility in designing the promotion of renewable energies. By Jörn Kassow and Alexander Wilhelm The European Court of Justice (ECJ) recently ruled that the German Renewable Energy Act of 2012 (Erneuerbare-Energien-Gesetz – EEG 2012) did not constitute State aid (C-405/16 P). The ECJ found that the support mechanism … Continue Reading

China Aims to Boost Investment in Clean Energy

The Green Industry Guidance Catalogue attempts to provide consistent nationwide guidelines for green industries and projects. By Paul A. Davies and R. Andrew Westgate Background On 6 March 2019, seven Chinese regulatory agencies issued the Green Industry Guidance Catalogue (the Catalogue) listing “green industries” that are eligible for funding with green bonds. The seven agencies … Continue Reading

German Government Commission Agrees to Phase Out Coal Power Plants by 2038

The Coal Commission’s phase-out proposal includes a €40 billion federal spending package for affected states. By Jörn Kassow and Patrick Braasch A German government-appointed body, known colloquially as the “Coal Commission”, has agreed to end coal-fired power generation by 2038. In an effort to meet Germany’s climate goals under the Paris Agreement, the Coal Commission … Continue Reading

GIS Owners in California Must Comply With SF6 Regulation

Gas-insulated switchgear owners face easy-to-miss, CARB-enforced emissions requirements. By JP Brisson, Aron Potash, R. Andrew Westgate, Kimberly D. Farbota, and Christopher C. Antonacci Since 2011, the California Air Resources Board (CARB) has regulated sulfur hexafluoride (SF6) emissions from gas-insulated switchgears (GIS). CARB’s SF6 Regulation applies to all entities that own GIS, including many entities that … Continue Reading

5 ‘Innovations’ From California Increase Public Utility Regulatory Risk

Recent activity by the California Public Utilities Commission should cause public utility managers and counsel everywhere to take notice. By Charles C. Read The California Public Utilities Commission (CPUC) has the biggest staff of any state utilities commission. It has issued fines and penalties in excess of US$1 billion; it has enforced the state’s renewable … Continue Reading

UPDATE: LCFS Standards for Diesel and Diesel Substitutes to Revert to Schedule Specified in LCFS Regulation January 1, 2019

California Air Resources Board lifts freeze on Low Carbon Fuel Standard. By Joshua T. Bledsoe and Kimberly D. Farbota On December 7, 2018, the California Air Resources Board (CARB) issued Regulatory Guidance Document 18-02 which lifts the freeze on Low Carbon Fuel Standard (LCFS) diesel and diesel substitute targets previously enacted by CARB in 2017 … Continue Reading

Why EPA’s Proposed CO2 Standards for New Power Plants Matter

EPA’s proposed standards have important implications, even though few coal plants are slated for development. By Joel C. Beauvais and Stacey L. VanBelleghem Background On December 6, the US Environmental Protection Agency (EPA) signed a proposed rule to establish new source performance standards (NSPS) under Clean Air Act Section 111(b) for carbon dioxide (CO2) emissions … Continue Reading

Webcast – California’s 100% Zero Carbon Future: How SB 100 and EO B-55-18 Will Impact Businesses and Projects

Latham lawyers discuss the business implications of the new legislation. By Tommy P. Beaudreau, Marc T. Campopiano, Michael J. Gergen, Joshua T. Bledsoe, and Jennifer K. Roy Senate Bill 100, signed into law by Governor Jerry Brown on September 10, 2018, aims to raise California’s already ambitious renewable energy standards by 2030, with an ultimate … Continue Reading

7 Takeaways From California’s Extension of the Low Carbon Fuel Standard

By Joshua T. Bledsoe and Kimberly D. Farbota On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the Program. This blog outlines seven takeaways for market participants and stakeholders. 1. CARB … Continue Reading
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