On November 13, 2018, the U.S. Environmental Protection Agency (EPA) launched its Cleaner Trucks Initiative (CTI), which will decrease nitrogen oxide (NOx) emissions by updating the existing NOx standard for heavy-duty trucks. EPA’s announcement comes just as the California Air Resources Board (CARB) updated its Heavy-Duty On-board Diagnostic (HD OBD) requirements and prepares to implement its own Phase 2 GHG regulation for heavy-duty vehicles and trailers. Continue Reading
Companies Face Greater Scrutiny for Misleading Environmental Claims and Nonstandard Sustainability Reporting
As more companies recognize the value of enhanced sustainability reporting and publicize the positive environmental features of their products and services, they should also be attentive to greater public scrutiny of “green” claims. Companies that engage in greenwashing – asserting exaggerated, misstated, or immaterial environmental claims – are increasingly exposed to reputational damage and legal battles, as regulators, investors, and civil society actors dedicate more resources to scrutinizing environmental claims. Companies also face growing pressure from investors to publish standardized and rigorous sustainability information that allows for cross-industry benchmarking. Continue Reading
FERC Proposes Notice Requirement For Public Utility Mergers and Acquisitions Under New Monetary Threshold
A recent amendment to the Federal Power Act (FPA) that will become effective March 27, 2019 sets a $10 million threshold for requiring Federal Energy Regulatory Commission (FERC) prior approval of public utility mergers and consolidations. That amendment also calls for FERC to adopt a rule requiring public utilities to simply notify FERC of mergers and consolidations with a value over $1 million but less than $10 million. At its recent public meeting, FERC approved a Notice of Proposed Rulemaking (NOPR) regarding that notice requirement. These provisions, when in effect, will place mergers and consolidations under the same value threshold as other types of transactions and eliminate the need for low-value mergers and consolidations to secure FERC approval. These legislative and regulatory changes will be of interest to entities that anticipate merging or consolidating facilities that are subject to the jurisdiction of FERC. Continue Reading
BLM Drops Sage-Grouse Habitat from Oil & Gas Auction
The recent decision by the Bureau of Land Management (BLM) to remove hundreds of thousands of acres of federal land from its December 13th oil and gas auction is at least a temporary victory for environmentalists, whose efforts to protect the Greater Sage Grouse have led them to challenge the Trump administration’s policy of accelerating drilling on public lands. Continue Reading
IoT Update: DOT Publishes Policy Statement on Automated Vehicles
On October 4, the U.S. Department of Transportation published Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”), a policy vision statement that embraces automation as a critical tool to improve motor vehicle safety. AV 3.0 identifies several avenues to remove regulatory barriers to Autonomous Driving Systems (“ADS”), including potential changes to rules that may stand in the way of driverless vehicles. These changes are of interest to automotive manufacturers, parts and systems suppliers, and technology companies. Continue Reading
Governor Jerry Brown signs SB 100 and Executive Order to achieve carbon neutrality by 2045
On Monday, September 10, 2018, two days before kicking-off the Global Climate Action Summit he is co-hosting in San Francisco, California Governor Jerry Brown signed SB 100 (De León), The 100 Percent Clean Energy Act of 2018, which sets a state policy that eligible renewable energy and zero-carbon resources supply 100 percent (%) of all retail sales of electricity in California by 2045. (Our summary of SB 100 is here.) Continue Reading
California Legislature Passes Bill Putting State on Path to 100% Renewable and Zero-Carbon Power
A bill that would set California on a trajectory toward carbon-free emissions from its electric power sector cleared a major hurdle with its passage through the California State Legislature. SB 100 (De León), The 100 Percent Clean Energy Act of 2018, sets a state policy that eligible renewable energy and zero-carbon resources supply 100 percent (%) of all retail sales of electricity in California by 2045. Continue Reading
PSE&G Becomes First Public Utility to Secure SAFETY Act Liability Protections from DHS
Public Service Electric and Gas Company (PSE&G), New Jersey’s oldest and largest regulated gas and electric delivery utility, recently became the first utility in the United States to secure liability protections under the Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2002 for its internal physical security program. The July 9, 2018 decision granting PSE&G SAFETY Act protections is significant because it signals that the U.S. Department of Homeland Security (DHS), which administers the Act, is taking concrete steps to recognize and bolster the energy industry’s critical contributions to national security. It also sends a message that the SAFETY Act is available to help other utilities limit their liability exposure to lawsuits that claim they should have done more to prevent or respond to a terrorist attack on their generation, transmission or distribution systems. Continue Reading
Solar Energy Jobs: Opportunities to Enhance Safety Compliance
As demand for solar energy has grown, employment in the U.S. solar industry has boomed to more than double the number of coal industry workers and nearly equal to employment in the natural gas industry. While solar energy jobs are among the safest in the energy sector, over the past 18 months the Occupational Health and Safety Administration (OSHA) has sought to levy large fines against some high profile solar industry employers for alleged safety violations. Others in the industry may expect increased scrutiny. But there are opportunities to enhance solar job safety and reduce compliance risks. Employers wishing to take advantage of these opportunities should seek legal advice about how to best navigate multiple applicable OSHA standards and guidance from the National Institute for Occupational Safety and Health (NIOSH). Continue Reading
DOE Fast Tracks Small Scale LNG Exports and Provides Assurance on Export Orders
The Department of Energy (DOE) recently acted in two separate orders to clear the path for small volume exports of LNG and allay concerns about the durability of its export authorizations. In July, 2018, DOE adopted a rule to streamline its standards and process for approving small-scale LNG exports. In a separate policy statement issued in June, DOE put to rest industry concerns that it may rescind LNG export authorizations, stating firmly that it “does not foresee a scenario” under which it would rescind an authorization to export LNG. For current and future investors in LNG export projects and their customers, these two developments appear to underscore DOE’s commitment to removing unnecessary barriers to LNG exports. Continue Reading
