On May 28, 2010, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) handed the utility, chemical, and oil and gas industry a victory by dismissing the appeal in Comer v. Murphy Oil (“Comer”).   [Read more →]

On June 2, 2010, the Environmental Protection Agency (“EPA”) finalized a new primary National Ambient Air Quality Standard (“NAAQS”) for sulfur dioxide (“SO2”), after finding that the existing standards are inadequate to protect public health.  [Read more →]

Numerous industry groups, business associations, environmental advocacy groups and public interest organizations have petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review EPA’s reconsideration of the so-called “Johnson Memorandum.”  In its reconsideration, EPA determined that greenhouse gases (“GHGs”) would be subject to regulation under the Prevention of Significant Deterioration (“PSD”) and Title V permit programs as of January 2, 2011.  In the related tailoring rule, which was published in the Federal Register on Thursday, EPA established a process for phasing in PSD and Title V requirements, including the requirement to do Best Available Control Technology for GHGs, beginning on January 2, 2011. [Read more →]

On June 2, 2010, the North American Electric Reliability Corporation (“NERC”) and the U.S. Department of Energy (“DOE”) published their report entitled “High-Impact, Low-Frequency Event Risk to the North American Bulk Power System” (“HILF report”).  The report highlights risks that could have disastrous impact on the bulk power system, such as acts of war, terrorism, and coordinated criminal activity, but which are either rare or have never occurred.  [Read more →]

PJMOn May 28, 2010, FERC conditionally accepted a new Joint Operating Agreement (“JOA”) between PJM Interconnection, L.L.C. (“PJM”) and Carolina Power & Light Company (“Carolina Power” together “PJM/Carolina”).  [Read more →]