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Coal Communities’ Transition in Arizona Getting More Attention

by Michael W. Patten The local economies of many communities in the southwest are tied to the operations of large coal-fired power plants.  As those plants start closing, the communities can face significant disruption in their local economies through loss of jobs, tax revenues and other impacts.  How to address those impacts involves both federal […]

Who Will Climate Change Advocates Begin Suing Next?

by Mitchell J. Klein As most people are aware, various public and private entities have filed lawsuits against fossil fuel producers alleging a variety of claims that seek to enjoin behavior and obtain damages as a result of the defendants’ contributions toward climate change. But the question arises as to whether the plaintiffs will be […]

MK

Polar Vortex Highlights Problems with Texas Isolationist Model and Need for National Electric Grid

by Kelly A. Daly Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer than three days, the Federal Energy Regulatory Commission (FERC) announced that it will be conducting an investigation into the events that resulted in the loss of almost half of the […]

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KD

Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership Uncertainties on Western Split-Estate Lands Back into the Picture

by John W. Andrews The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy storage.  In light of Congress’ strong interest in addressing climate change, the energy package also focused on the capture of carbon dioxide from […]

FERC Begins to Flex its Jurisdictional Muscles on Carbon Pricing

By Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (FERC) weighed-in on the important role that carbon pricing, associated with state initiatives to reduce greenhouse gas emissions, could have on the nation’s electric market.  Not surprisingly, as the governmental entity with jurisdiction over the organized electric markets, FERC acknowledged that regional market rules that […]

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Trump vs. Biden: The Important Role that Climate Change, the Environment and Pollution Will Not Play in the 2020 Presidential Election

by Raymond S. Heyman We are just weeks away from the national Presidential election. The two major party candidates, President Donald Trump and former Vice President Joseph Biden, could not be farther apart philosophically than they are on the important issues of climate change and environmental stewardship. President Trump’ s position is summarized in the […]

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Former Partner

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

by John W. Andrews On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams and wetlands.  The underlying dispute arose from the long-standing controversy over […]

Impact of COVID–19 on Energy and Infrastructure Projects in Arizona and the West: Disruption, Slowdowns, Uncertainty and Virtual Open Houses

by Matt Derstine With states now modifying their stay-at-home orders and social distancing restrictions, the long-term effects of the Coronavirus (“COVID-19”) pandemic on energy and infrastructure projects remains unclear. But there have been several immediate impacts ranging from supply chain and labor force disruptions, to delays arising from the stay-at-home orders and the financial impact […]

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MD

President Declares National Emergency: Foreign Adversaries Creating Vulnerability in U.S. Electric Grid

by Kelly A. Daly On May 1, 2020, President Trump declared a national emergency relating to threats facing the bulk-electric power system in the United States.  Specifically, the President issued Executive Order on Securing the United States Bulk-Power System, which concludes that foreign adversaries are increasingly creating vulnerabilities in the U.S. electric grid that supports […]

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FERC Issues COVID-19 Response to Address Filing Deadlines and Conferences

by Kelly A. Daly In an effort to ensure Americans have access to reliable energy during this unprecedented time, the Federal Energy Regulatory Commission (“FERC”) has identified a COVID-19 point of contact and instituted additional procedures to make sure regulated entities can quickly and efficiently receive guidance to assist them in pandemic preparations and operations. […]

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