On June 28, 2011, two business women with the assistance of the Competitive Enterprise Institute (“CEI”) and Americans for Prosperity filed a lawsuit against the state of New York for participation in the Regional Greenhouse Gas Initiative (“RGGI”) program because the interstate compact was never approved by the state legislature.
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FERC Blocks Sempra from Selling Excess Capacity to SDG&E
On June 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied the joint request of Sempra Generation (“Sempra”) to make affiliate sales to San Diego Gas & Electric Company (“SDG&E”) pursuant to a competitive solicitation due to concerns over potential for affiliate abuse.
U.S. Supreme Court Reverses AEP v. Connecticut: EPA, Not Judges and Juries, Will Decide Climate Change Policy
On June 20, 2011, the Supreme Court spoke for the second time on climate change. Observing that the Supreme Court “endorses no particular view of the complicated issues related to carbon-dioxide emissions and climate change,” a unanimous Court, in a decision written by Justice Ruth Ginsburg, held that Congress, through the U.S. Environmental Protection Agency (“EPA”) – and not a group of states and cities using federal common law – should decide national policy on climate change.
US Releases 30 Million Barrels of Oil Reserve
On June 23, 2011 the International Energy Agency (“IEA”) announced a coordinated release of sixty million barrels of oil reserve from twenty-eight countries, and the United States has committed to releasing 30 million barrels from the U.S. Strategic Petroleum Reserve.
FERC Allows California Utilities to Terminate PURPA QF Purchase Obligations
On June 16, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) allowed three utilities to terminate their mandatory purchase obligations that would have required new contracts with qualifying cogeneration and small power production facilities (“QF”) with over 20 MW of net capacity under the Public Utility Regulatory Policies Act of 1978 (“PURPA”).
DOE Secretary Chu Encourages U.S. to Examine Transmission Planning at State and Regional Levels
On June 13, 2011, the United States Department of Energy (“DOE”) Secretary, Steven Chu, took part in a White House Grid Modernization event titled “Building the 21st Century.” At the event, Chu announced that more than five million smart meters have been installed across the U.S. as part of efforts to increase modernization of the electric grid. Secretary Chu stated that “to compete in the global economy, we need a modern electricity grid.”
Representative Anthony Weiner Resigns, Leaving a Democratic Seat Open on House Energy and Commerce Committee
On June 16, 2011, Representative Anthony Weiner (D-NY) announced his decision to resign his seat from the U.S. House of Representatives. This announcement comes after weeks of scandal and calls for his resignation, including from President Barack Obama. Weiner’s resignation opens up one of 23 Democratic seats on the House…
FERC Release NOI on Ancillary Services and Electric Storage
On June 16, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) released a Notice of Inquiry (“NOI”) asking for comments on how to develop competition in ancillary markets and how to expand the use of electric storage technology.
EPA Considers Request to Extend Utility MACT Rule Comment Period
Twenty-seven House Democrats, led by former House Energy and Commerce Chairman John Dingell (D-MI), have asked the U.S. Environmental Protection Agency (“EPA”) to provide the public an additional two months to comment on the so-called Utility MACT rule.
EPA Targets Regional Haze
The U.S. Environmental Protection Agency (“EPA”) took three recent actions that bring renewed emphasis to the Agency’s regional haze program.