Environment, Land & Resources

Category Archives: Power, Oil, Gas and Minerals

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Webcast — Expansion of Transmission Grid Needed to Support Reliability and Renewable Integration: Why It Matters for a Decarbonized Future

We discuss key regulatory trends and strategies to consider when pursing US transmission and interconnection opportunities. By Tyler Brown, Marc T. Campopiano, and Jennifer K. Roy Renewable energy production has grown at an exponential clip over the past decade, with continued strong expansion expected because of declining costs, numerous governmental incentives, and long-term decarbonization policies. … Continue Reading

US Government Announces New Hydrogen Demand-Side Initiative

The US Department of Energy has committed $1 billion to support clean hydrogen offtakers to kickstart the hydrogen economy. By Joshua T. Bledsoe and Kevin A. Homrighausen On July 5, 2023, the US Department of Energy (DOE) released a Notice of Intent (NOI) to invest up to $1 billion in a mechanism to develop reliable … Continue Reading

US Nuclear Regulatory Commission Certifies First Small Modular Nuclear Reactor Design

The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains. By Marc Campopiano, Lucas Quass, and Shawna Strecker As part of long-range plans to address climate change, many states have adopted policies to spur the transition to a low-carbon future. Renewable … Continue Reading

5 Things to Know About EPA’s Proposed Power Plant CO2 Emissions Rule

EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. By Stacey L. VanBelleghem and Jennifer Garlock On May 11, 2023, the US Environmental Protection Agency (EPA) released its proposed rule[1] to regulate carbon dioxide (CO2) emissions from electric generating units (EGUs) at power plants under Section … Continue Reading

Unprecedented Buildout of Renewables and Transmission Necessary for California Decarbonization

The state must dramatically expand its energy infrastructure and renewable energy sources to satisfy growing demand for electricity while meeting ambitious climate goals, according to California Independent System Operator’s Draft 2022-2023 Transmission Plan. By Marc Campopiano, Joshua Bledsoe, Julie Miles, and Shawna Strecker California has committed to ambitious carbon reduction targets and pledged to become … Continue Reading

Interior Proposes First Renewable Energy Lease Sale in Federal Waters Offshore California

The proposal would auction off almost 375,000 acres of the Outer Continental Shelf offshore California for wind energy development. By Nikki Buffa, Janice M. Schneider, Nathaniel Glynn, and Brian McCall On May 31, 2022, the Bureau of Ocean Energy Management (BOEM) published a Proposed Sale Notice (PSN) for a pair of renewable energy lease sales … Continue Reading

DC Circuit Overturns Trump Administration Power Plant Rule

The decision clears a path for President Biden’s climate priorities, striking down a Trump Administration rule that had repealed the Obama Administration’s power plant greenhouse gas regulations. By Stacey L. VanBelleghem and Devin M. O’Connor On January 19, 2021, on the eve of President Biden’s inauguration, in American Lung Association, et al. v. EPA, the … Continue Reading

UK to Establish Net Zero Emissions Trading Scheme

The newly published Energy White Paper establishes a domestic trading scheme and sets out plans to clean out energy.  By Paul A. Davies and Michael D. Green On 14 December 2020, the UK Government published its Energy White Paper (the Paper). The Paper builds on previous green economy plans, setting them “in a long-term strategic … Continue Reading

California Legislature Cannot Limit Judicial Review of Certain Power Projects

California appeals court decision increases the potential for CEQA challenges to power plant projects under the CEC’s jurisdiction. By Marc T. Campopiano, Charles C. Read, and Kevin A. Homrighausen In Communities for a Better Environment v. Energy Resources Conservation & Development Commission, the California First District Court of Appeal recently held that the State Legislature … Continue Reading

Trends in Public Utility Regulation: 5 Developments at the California Public Utilities Commission

Wildfires, ride-sharing, community choice aggregation, and more bring increased regulatory risk. By Marc T. Campopiano, Charles C. Read, and Brian F. McCall The California Public Utilities Commission (CPUC) has tremendous influence on public utility regulation in California and beyond. The CPUC has the biggest staff of any state utilities commission and has issued fines and … Continue Reading

EPA’s Proposed Coal Ash Permit Program: 6 Key Points

The proposed federal permitting regime includes some surprising provisions, including no permit expiration and no proposed application deadline for most units. By Claudia M. O’Brien and Stacey L. VanBelleghem On December 19, 2019, the US Environmental Protection Agency (EPA) released a proposed rule to establish a federal permitting program under the Resource Conservation and Recovery … 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, Alexander Wilhelm, and Apostolos Papadimitriou  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 … Continue Reading

EU Announces Stricter Emissions Standards for Cars and Commercial Vans

EU will tax manufacturers for excess emissions and collect individual consumption data from vehicles in order to meet climate change goals. By Jörn Kassow and Patrick Braasch The EU is setting stricter CO2 emission standards for new passenger cars and light commercial vehicles (LCVs). A new regulation on CO2 emission standards (Regulation (EU) No 2019/631), … 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

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

China’s Global Supergrid to Enable Free Flow of Electricity Internationally

The proposed initiative will allow the provision of clean energy on a global scale by 2050. By Paul A. Davies and R. Andrew Westgate The Global Energy Interconnection (GEI) initiative, originally developed by Liu Zhenya, the chairman of the Chinese State Grid Corporation, is dedicated to promoting global energy interconnections in a sustainable manner. The … Continue Reading

China Reinforces Renewable Energy Commitment With Significant European Wind Investments

Chinese investors continue to build knowledge of the wind sector through European investment. By Paul A. Davies and R. Andrew Westgate China has traditionally focused more on developing coal and hydroelectric power, which provide relatively constant output, instead of wind and solar, which depend on whether conditions. However, recently, government-owned power producers have begun making … Continue Reading

Viewpoints Video Examines California’s Cap-and-Trade Program

Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading

6 Things You Need to Know About EPA’s Proposed ACE Rule

By Joel C. Beauvais and Stacey L. VanBelleghem On August 21, 2018 the Trump administration released its proposed Affordable Clean Energy (ACE) rule to replace the Obama administration’s Clean Power Plan (CPP). Both rules would regulate CO2 emissions from existing electric generating units (EGUs) pursuant to Section 111(d) of the Clean Air Act (CAA). The … Continue Reading

Water Management in Oil & Gas Production: Market Drivers and Legal Issues

Latham lawyers discuss the forces driving transformation in the market and the key legal and regulatory issues. By Tommy Beaudreau, Joel Beauvais, Joel Mack, Ryan Maierson, and Janice Schneider Water management is becoming increasingly critical amid increasing oil and gas production in the Permian Basin and other regions of the United States. In particular, many … Continue Reading

UK Government to Abolish CRC Energy Efficiency Scheme

Relief from the mandatory scheme will reduce the administrative burden on non-energy intensive companies. By Paul A. Davies and Michael D. Green The Carbon Reduction Commitment (CRC) — which first came into operation on 1 April 2010 — will be abolished at the end of the 2018-19 compliance year, pursuant to the CRC Energy Efficiency … Continue Reading
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