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Senate version of energy bill unveiled

Shook Hardy & Bacon LLP
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USA
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May 14 2010

U.S. Senators John Kerry (D-Mass.) and Joseph Lieberman (I-Conn.) have released the latest version of their energy bill

Administrative Procedure ActRCRA: Tenth Circuit rules EPA may revise tentative interpretation of regulation without rulemaking

Shook Hardy & Bacon LLP
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USA
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August 27 2010

The Tenth Circuit Court of Appeals has determined that EPA can revise a tentative interpretation governing the handling of magnesium waste without conducting a formal rulemaking

Tenth Circuit reverses Rocky Flats class action over jury instructions

Shook Hardy & Bacon LLP
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USA
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September 17 2010

The Tenth Circuit Court of Appeals has vacated a $926 million judgment against former operators of the Rocky Flats Nuclear Weapons Plant near Denver, Colorado, because the trial court gave the jury improper instructions

DOI exceeded authority in withdrawing from lease sale, but challenge filed too late

Shook Hardy & Bacon LLP
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USA
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September 17 2010

A federal judge in Utah has determined that the Department of Interior (DOI) exceeded its statutory authority by withdrawing 77 disputed parcels on Bureau of Land Management lands in a 2008 oil and gas lease sale

California air board to require energy audits of large industrial facilities

Shook Hardy & Bacon LLP
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USA
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August 6 2010

The California Air Resources Board (ARB), a department of CalEPA, has adopted a regulation that will require about 60 large industrial facilities in the state to analyze energy consumption and identify potential energy efficiency measures

California Public Utilities Commission approves tradable renewable energy credit scheme

Shook Hardy & Bacon LLP
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USA
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March 19 2010

California's Public Utilities Commission has authorized the procurement and use of tradable renewable energy credits (TRECs) for compliance with the California renewables portfolio standard (RPS) program, which will allow electric utilities to buy and sell credits to meet the state's renewable energy goals

Report claims small drop in power plant mercury emissions

Shook Hardy & Bacon LLP
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USA
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March 26 2010

A recent report by the Environmental Integrity Project claims that mercury emissions from power plants dropped by 6.5 percent between 2000 and 2008

NEPAwater resources: federal court upholds injunction in water supply project lawsuit

Shook Hardy & Bacon LLP
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USA
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March 19 2010

A federal judge in the District of Columbia has upheld an injunction preventing the completion of the Northwest Area Water Supply Project until the U.S. Department of Interior’s Bureau of Reclamation (Bureau) completes an adequate environmental impact statement (EIS) that takes a “hard look” at the cumulative impact of water withdrawal and invasive species issues

Reorganization: MMS to establish separate enforcement office

Shook Hardy & Bacon LLP
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USA
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May 21 2010

U.S. Secretary of the Interior Ken Salazar has announced that the department’s Minerals Management Service (MMS), which currently oversees offshore oil and gas drilling and collects an average of $13 billion a year in royalties, will be split into two separate offices

NEPA: conservation group sues MMS over alleged lax oversight of drilling operations

Shook Hardy & Bacon LLP
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USA
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May 28 2010

Defenders of Wildlife has reportedly sued the Minerals Management Service (MMS) over an alleged failure to apply its own regulations on oil and gas drilling in the Gulf of Mexico and continued lax oversight of drilling operations