Last week, the White House’s Office of Management and Budget (”OMB”) began the final review stage for new automobile standards that would increase the nation’s fleetwide fuel economy and create the first-ever greenhouse gas (”GHG”) regulations for cars and trucks.  The proposed automobile standards are on track to be finalized by the end of March. [Read more →]

On March 9, 2010, the Internal Revenue Service (“IRS”) ruled that Smart Grid Investment Matching Grants given by the Department of Energy (“DOE”) will not be taxable income. [Read more →]

On March 8, 2010, President Barack Obama nominated Cheryl A. LaFleur for Commissioner of the Federal Energy Regulatory Commission (“FERC” or the “Commission”).  If confirmed by the Senate, LaFleur would fill the seat vacated by Suedeen Kelly in December 2009 for a term to expire on June 30, 2014. [Read more →]

On March 5, 2010, FERC approved a settlement order under which the Florida Reliability Coordinating Council, Inc. (“FRCC”) will pay a $350,000 civil penalty for its part in the February 26, 2008 power outage in southeastern Florida. This is the first time that a regional reliability entity has been fined for violating a mandatory reliability standard. [Read more →]

On March 5, 2010, the U.S. Circuit Court of Appeals for the Second Circuit denied rehearing en banc of its decision in Connecticut v. American Electric Power to allow nuisance claims against emitters of greenhouse gases (GHG).  The 2nd Circuit’s decision comes approximately one week after the 5th Circuit announced it will reconsider its October ruling, Comer v. Murphy Oil, which had also allowed individuals to sue large emitters of GHG for damage caused by climate change. A third tort case based on GHG emissions, Native Village of Kivalina v. Exxon Mobil Corp., is still pending in the Ninth Circuit.  A more complete discussion of these cases may be found here.  [Read more →]

On March 9, 2010, the Supreme Court of Wyoming ruled that Basin Electric Power Cooperative can continue with construction of its new Dry Fork Station coal-fired power plant near Gillette, Wyoming.  Finding that the state did not have to require best available technologies for controlling carbon dioxide emissions, the court rejected a challenge to the state-issued air permit brought by Earthjustice on behalf of the Powder River Basin Resource Council and the Sierra Club. [Read more →]

On March 4, 2010, FERC approved a transfer of title for the 53-mile, 400 MW high voltage, direct-current transmission line and its associated facilities from Trans Bay Cable LLC (“Trans Bay”) to Pittsburg Power Company (“Pittsburgh Power”).  [Read more →]