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Untapped potential could double U.S. hydropower production, and recent federal legislation has paved the way for additional small-scale hydropower development by streamlining the federal regulatory approval processes.
Examining German policies and legal mechanisms that have helped decentralize renewable production illustrates how such outcomes might be achieved domestically, especially in states like New York that are already on a path to support such projects.
Decreased reliance on oil is difficult because petroleum products are essential to the economy for many uses beyond fuel and heat that cannot be replaced by alternative energy sources.
With attributes of generation, transmission, and distribution assets, energy storage facilities do not rest within one federal or state jurisdiction, let alone fit neatly into traditional ratemaking categories.
In response to uncertainty about the prospects for additional pipeline capacity, the transport of crude oil over railroads has risen sharply—along with a surge in derailments, hazardous material spills, and emergencies.
Cyber insurance may cover risks related to smart grid attacks including data breaches, malicious code transmission damage, DDoS attack damage, and other network security threats.
For the 30 states that currently rely on nuclear power or may consider doing so in the future as a means of emissions reduction, the CPP rule raises important legal and policy considerations.
The D.C. Circuit’s decision in Delaware Riverkeeper represents the first successful challenge to FERC’s environmental review of a certificate of public convenience and necessity in several years.
If fully implemented, a joint memo from OMC, CEQ, and the Office of Science and Technology has game-changer potential to move the ecosystem services concept to the next level in environmental law.
The nation’s first offshore wind farm—a five-turbine demonstration project that will power 17,000 homes—is under construction in Rhode Island waters off the coast of Block Island.
The prevalence of organizational actors in the environmental arena and the significant criminal sanctions imposed by environmental laws mean the DOJ’s emphasis on prosecuting individuals connected with corporate violations deserves attention in the environmental context.
Each of three CPP rulemaking documents discusses EPA’s efforts to seek input from tribes, but implications for Indian country exist that do not appear to have received sufficient consideration.
While courts generally have upheld federal agencies’ authority to issue broad and comprehensive regulations, recently the trend toward upholding unfettered agency authority is reversing.
Although transfer and consolidation can provide benefits for litigants and the courts, the JPML found the arguments in favor of consolidation of multiple challenges to the final rule on the definition of “Waters of the United States” under the Clean Water Act unpersuasive.