ArticleState Government Control Of Local Water SystemsUnder basic law, a North Carolina municipality possesses only those powers granted by the General Assembly. United StatesEnergy and Natural ResourcesWomble Bond Dickinson
ArticleTexas Escalates Data Center Oversight With Attorney General Water-Use InvestigationTexas has launched a sweeping investigation into hundreds of data center developments that failed to comply with mandatory water use surveys, marking the latest escalation in a seven-week regulatory crackdown. The state's actions have frozen permits, paused interconnection studies, and exposed projects to criminal and civil enforcement, all while the industry faces mounting scrutiny over its rapidly growing demands on electricity and water infrastructure. With multiple state agencies now coordinating enforcUnited StatesEnergy and Natural Resources
ArticleThe 30-Year Programmatic Eagle Take Permit: How Much Certainty Does It Provide?The U.S. Fish and Wildlife Service issued a final rule that takes limited action to extend the maximum life of programmatic eagle take permits to 30 years, provides for permit transferability, and sets processing and administrative fees.United StatesEnergy and Natural ResourcesHolland & Knight
ArticleUtilities' Build-Transfer Deals Spur Renewable ProjectsIncreased utility ownership of renewable energy projects may have broad implications for the renewable energy market in those parts of the U.S. where vertically integrated utilities continueUnited StatesEnergy and Natural ResourcesSkadden, Arps, Slate, Meagher & Flom LLP
ArticleGovernor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center ProjectsGovernor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.United StatesEnvironmentBracewell LLP
ArticleNew SCOTUS Case Involving Venue For Clean Air Act Challenges Matters To Your BusinessWhile a dispute over the Clean Air Act's (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers...United StatesEnvironmentArentFox Schiff
ArticleFERC, Facing Rare Loss Of Quorum, Delegates Additional Authority To Its Staff, But Uncertainties RemainOn February 3, 2017, the Federal Energy Regulatory Commission ("FERC" or "Commission") issued an order delegating additional authority to FERC staff in the absence of a quorum.United StatesEnergy and Natural ResourcesJones Day
ArticleFERC Proposes Reforms To Backstop Transmission Siting Authority, Implementing Changes Required By 2021 Bipartisan Infrastructure BillOn Thursday, December 15, 2022, the Federal Energy Regulatory Commission ("FERC" or "Commission") issued a Notice of Proposed Rulemaking ("NOPR") proposing changes to FERC's authority under section 216 of the Federal Power Act.United StatesEnergy and Natural ResourcesBracewell LLP
ArticleThe PaPUC Takes Steps To Boost Competition In Pennsylvania’s Retail Electric MarketThe Pennsylvania Public Utilities Commission ("PaPUC" or "Commission") issued an order adopting an intermediate work plan ("Intermediate Plan") on March 1, 2012, that sets forth various requirements and programs that are designed to increase the short-term customer participation in Pennsylvania's competitive retail electricity market. United StatesEnergy and Natural ResourcesBlank Rome LLP
ArticleWhat's New In CaliforniaWhat's New in California (WNIC) is a compilation of news stories published by outside organizations relevant to California politics and policy. Akin Gump aggregates these stories,...United StatesGovernment, Public SectorAkin
ArticleFCC Clarifies TCPA Rules for UtilitiesOn August 4, the Federal Communication Commission (FCC) released a Declaratory Ruling that clarifies certain liability aspects under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, for utilities that use automated calling technology to provide utility service information to their customers.United StatesMedia, Telecoms, IT, EntertainmentDay Pitney LLP
ArticleFERC Imposes Civil Penalties And Proposes Modification To Standards Of ConductOn Thursday, January 18, 2007, the Federal Energy Regulatory Commission (FERC) voted to exercise for the first time its expanded authority granted under the Energy Policy Act of 2005 to impose civil penalties on entities that violate FERC rules and filed tariffs. United StatesEnergy and Natural ResourcesThelen LLP
ArticleFERC Proposes Broad Changes To Its Pro Forma Interconnection Procedures And Interconnection AgreementFERC issued a notice of proposed rulemaking in which it proposes changes to its standard interconnection rules and agreement for generators with a capacity of more than 20 megawatts.United StatesEnergy and Natural ResourcesOrrick
ArticleMassachusetts Legislature Enacts Significant Energy Bill In Support Of Offshore Wind And Hydro Procurement, Storage And TransmissionLate last night, the Massachusetts legislature enacted House Bill 4568, an act to promote energy diversity (the "Act"). Overall, the Act marks a compromise between the House's original United StatesEnergy and Natural ResourcesFoley Hoag LLP
ArticleTechnology Contracts: KNOW THY VENDOR!A cardinal rule of any contract for services or products is to “know your vendor.” Granted, the requisite knowledge will vary with the risk profile of the service or product, but information technology and business process outsourcing contracts invariably require close vendor scrutiny. United StatesEnergy and Natural ResourcesFoley & Lardner LLP
ArticleCoal Ash Rule UpdateLegacy ponds and legacy landfills (collectively "legacy sites") are types of inactive Coal Combustion Residual (CCR or "coal ash") impoundments at closed power plants...United StatesEnvironmentSteptoe LLP
ArticleSan Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission: Risk of Terrorist Attack Is Not Too Speculative for Consideration Under NEPAThe Ninth Circuit recently held in San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, No. 03-74628, 2006 WL 1511889 (9th Cir. June 2, 2006) ("Mothers for Peace") that, as a matter of law, the Nuclear Regulatory Commission ("NRC") erred in determining that the National Environmental Policy Act ("NEPA") does not require the agency to consider the potential environmental impacts of terrorist attacks at nuclear facilities. United StatesLitigation, Mediation & ArbitrationPillsbury Winthrop Shaw Pittman
ArticleAnother One Bites The Dust: Trump Bulk Power Prohibition Order Revoked; Department Of Energy Opens New Bulk Power Equipment ProceedingThe Biden administration has suspended an executive order and revoked a related order, both issued by the Trump administration, that limited some installation and use of foreign-produced transmission equipment...United StatesEnergy and Natural ResourcesMayer Brown
ArticleContemplating A Repeal Of Ohio House Bill 6: The Practical Effects Of Hitting Reset On Ohio Energy PolicyOn July 21, 2020, Ohio's energy landscape experienced a seismic event when the U.S. Attorney for the Southern District filed a criminal complaint alleging that the Speaker of the Ohio House of...United StatesEnergy and Natural ResourcesDickinson Wright PLLC
ArticleFERC's Generator Interconnection Technical Conference Elicits Debate On Need For Interconnection Process ReformsPanel 1 explored the causes of interconnection queue delays and potential methods of mitigating such delays.United StatesEnergy and Natural ResourcesAkin