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HTMLAlaska LNG Project Sponsors Request Permission to Begin FERC’s Pre-filing Process
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
The sponsors of the Alaska LNG Project, ExxonMobil Alaska LNG LLC, ConocoPhillips Alaska LNG Company, BP Alaska LNG LLC, TransCanada Alaska Midstream LP, and the Alaska Gasline Development Corporation, filed a request with FERC to begin the pre-filing environmental review process for their proposed...

 

HTMLEPA Preliminarily Approves Plan to Keep Arizona Coop Plant Open
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
The U.S. Environmental Protection Agency (EPA) has preliminarily approved a plan proposed by Arizona Electric Power Cooperative (AEPCO) to upgrade a power plant to lower emissions, keep the plant operating, and save hundreds of jobs. Congressman Ron Barber is recognized as leading negotiations...

 

HTMLTenth Circuit Stays EPA’s Rejection of Wyoming’s Regional Haze Plan
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 10, 2014
The U.S. Court of Appeals for the Tenth Circuit has stayed the U.S. Environmental Protection Agency’s rejection of part of Wyoming’s plan for addressing regional haze. The stay was sought by the State of Wyoming, Basin Electric Power Cooperative, and PacifiCorp. The court also granted...

 

HTMLKentucky Coop Plans to Deactivate Coal Plant
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 16, 2014, previously published on September 11, 2014
East Kentucky Power Cooperative will continue deactivating its coal-fired Dale Station power plant with complete shutdown expected by April 2015. Subject to regulatory approval, ash waste from the site will be transported to an ash landfill. The plant will be placed in indefinite storage to comply...

 

HTMLCEQ Proposes New Guidance on the Use of Programmatic NEPA Reviews
Lauren Caplan; Holland Hart LLP;
Legal Alert/Article
September 15, 2014, previously published on September 5, 2014
On August 25, 2014, the Council on Environmental Quality (CEQ) published draft guidance on when and how federal agencies may effectively use programmatic National Environmental Policy Act (NEPA) reviews. See 79 Fed. Reg. 50,578 (August 25, 2014). This draft builds on guidance issued in 1983 and is...

 

HTMLThird District Court of Appeal Upholds Level Of Detail In Programmatic EIR for Rail Corridor
William W. Abbott; Abbott & Kindermann, LLP;
Legal Alert/Article
September 15, 2014, previously published on September 3, 2014
Programmatic EIRs invariably invoke the uneasy question, of “how much information is enough?” This question is reminiscent of the challenge to the United States Supreme Court in defining obscenity and Justice Potter Stewart’s concurring opinion when he acknowledged the difficulty...

 

HTMLStormwater Management Services That Provide a Water Supply Source May Be Funded With Water Service
Kelly J. Salt; Best Best & Krieger LLP;
Legal Alert/Article
September 15, 2014, previously published on September 10, 2014
Assembly Bill 2403 amends the definition of “water” contained in the Proposition 218 Omnibus Implementation Act to “include improvements for producing, storing, supplying, treating, or distributing water from any source.” This legislation is intended to clarify that fees...

 

HTMLBasin Preparing to Submit Information for Carbon Capture Test Center
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Basin Electric Power Cooperative (Basin) and Black Hills Power have set a September date for submitting site-specific information on certain of their respective power plants in the hopes of one of them attracting a test center for carbon capture and sequestration technology. The test center is part...

 

HTMLGulf LNG Submits Monthly Progress Report to FERC
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Gulf LNG Liquefaction Company and its affiliates submitted a report to FERC describing pre-filing environmental review activities undertaken during August for its proposed LNG export terminal at Pascagoula, Miss. According to the report, among other things, biological/wetlands and cultural surveys...

 

HTMLCalifornia’s Global Warming Solutions Act Cap-and-Trade Program
Rabia P. Chaudhry, Sean S. Varner; Varner & Brandt LLP;
Legal Alert/Article
September 10, 2014, previously published on August 29, 2014
In September 2006, California enacted the Global Warming Solutions Act (“AB 32”), which aims to reduce California’s greenhouse gas (“GHG”) emissions to 1990 levels by the year 2020. These levels are measured in metric tons of carbon dioxide equivalent (“mt...

 


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