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  • Article

    DPU Orders The Creation Of An Energy Storage Interconnection Review Group

    Energy storage systems ("ESS") can help increase grid efficiency, facilitate the operation of increasing amounts of renewable energy, and lower energy costs, among other benefits.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    EPA Delays Compliance With Massachusetts MS4 Permit

    On Thursday, EPA extended the compliance deadline for its General Permit for Small Municipal Separate Storm Sewer Systems for one year, until July 1, 2018.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Massachusetts DPU Moves Forward With Grid Modernization

    On Tuesday, after months of waiting, the Massachusetts Department of Public Utilities (DPU) took action on the Grid Modernization Plans filed last summer by the three Massachusetts Electric Distribution Companies...
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Massachusetts Implements A Clean Peak Standard

    On July 23, 2020, the Massachusetts Department of Energy Resources ("DOER") filed final regulations implementing a "Clean Peak Energy Standard," which formally went into effect on August 7, 2020.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    More Federal-State Collaboration At FERC: The Commission Establishes The Federal And State Current Issues Collaborative

    At FERC's March 2024 Open Meeting, the Commissioners announced a new cooperative effort between FERC and the states: the Federal and State Current Issues Collaborative...
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    New York Public Service Commission Issues Two Significant Community Solar Orders

    On September 15, the New York Public Service Commission ("Commission") issued orders modifying the Expanded Solar for All ("E-SFA") program and implementing several billing measures to address pervasive CDG billing delays by utilities.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Recently Announced Tariff Rate Hikes Highlight Risks And Opportunities For M&A In The BESS Market

    The staged payment of purchase price is a near-universal feature of M&A in development-stage renewable energy and battery energy storage system (BESS) projects.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Repeat After Me: There Ain't No Such Thing As a Free Lunch

    Yesterday, the Boston Globe reported that MassDEP is considering promulgating new regulations to manage noise from on-shore wind turbines.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    The "Navigable Waters Protection Rule" — Candidate For Misnomer Of The Year

    Yesterday, EPA and the Army Corps of Engineers finalized their revisions to the definition of Waters of the United States.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Two Strikes Against The Administration's WOTUS Suspension Rule

    In August, a judge in South Carolina issued a nationwide injunction against the "Suspension Rule," which delayed the effective date of the 2015 Waters of the United States rule. Now, a judge in Oregon has gone even further.
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    U.S. Department Of Energy Announces A Second Solicitation For The Transmission Facilitation Program

    The Transmission Facilitation Program ("TFP"), a federal clean-energy initiative arising out of the 2021 Infrastructure Investment and Jobs Act...
    United StatesEnergy and Natural Resources
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    A Federal Court Rules That Increased Conductivity Impairs A Stream — How Shocking!

    On Tuesday, Chief Judge Robert Chambers ruled that Fola Coal Company violated the Clean Water Act by discharging mine waste with sufficiently high levels of conductivity to cause or materially contribute to impairment of Stillhouse Branch.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    A Short Rant Concerning Transportation Sector GHG Emissions

    The Energy Information Administration today released CO2 emissions numbers through 2016.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    AEP Pulls The Plug On CCS

    Last week, AEP announced that it was putting on hold its plans to develop commercial scale carbon capture and storage technology at its Mountaineer plant in New Haven, West Virginia.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    AIG Bows Out Of The Pollution Legal Liability Market

    On Tuesday, insurance giant AIG announced a major restructuring designed to make it a "more profitable and focused insurer."
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Allocating The Liability Shares Of Settling PRPs Under CERCLA

    One particularly complex issue arises in a private cost recovery action where some but not all the PRPs have settled with the private party.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    And Some Potential Developments On The Water Side As Well

    According to the Daily Environment Report, EPA will meet its deadline of June 13, 2013 to promulgate a post-construction stormwater rule.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Apportionment In CERCLA -- No Bright Line Test

    The Lower Fox River Superfund site continues to pump out decisions on key CERCLA issues. Most recently, the federal court in Wisconsin in "US v. NCR Corp." took on the issue of divisibility of harm in granting a preliminary injunction requiring one of the PRPs, NCR, to complete the removal of 660,000 cubic yards of PCB-contaminated sediments from a portion of the Lower Fox River.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    ASTM 1527-05 Is Dead (Almost). Long Live ASTM 1527-13

    For those of you who were skiing or snorkeling and missed it, on December 30, EPA announced a direct final rule incorporating the new ASTM 1527-13 standard for site assessments into its all appropriate inquiries rule.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Biggest Thing To Happen To TVA Since The Snail Darter

    Thursday afternoon, EPA and the Tennessee Valley Authority announced one of the largest pollution reduction consent decrees in US history – resulting in between $3 to $5 billion of investment in air pollution controls, and retirement of almost one-third of TVA’s coal-fired generating units within the next few years.
    United StatesEnvironment
    Foley Hoag LLP
    Foley Hoag LLP

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