Cozen O’Connor’s team of energy, environmental, and utilities attorneys advise a sophisticated client base that includes public and municipal utilities; wholesale power producers, petroleum refiners, energy producers, suppliers and distributors; manufacturers, technology companies, and managed-services companies; real estate developers and lenders; energy consumers; and energy investors. Our attorneys capably handle the full range of regulatory, transactional, and litigation matters. We support environmental and regulatory compliance, negotiate acquisitions and new project development, and represent clients in all types of administrative hearings and environmental and energy litigation.
Unlike in many firms, our energy, environmental, and utilities practices are integrated into a single multidisciplinary team. We recognized early on that critical decisions about energy generation, management, and conservation would increasingly be driven by environmental law and regulatory considerations. While other firms have been slow to respond to that reality, we restructured nearly a decade ago to accommodate that convergence. Because these practices are now seamlessly combined, Cozen O’Connor is well-positioned to provide comprehensive energy and environmental legal services.
We not only have a deep understanding of the external regulatory environment, we also take care to understand each client’s business model, financial position, and long-term aspirations. We collaborate with our clients to formulate practical, cost-effective solutions that meet their business imperatives. After all, a legal strategy unmoored from the business reality is really no strategy at all.
In addition to our legal skill, clients benefit enormously from our strong relationships with state and federal regulators, judges, policymakers and experts in economics, environmental science, engineering, and energy efficiency. Our attorneys have earned the respect of these professionals over decades of practice, which facilitates communication, ensures fair consideration, and often enables us to reach out directly to resolve potential issues quickly.
SERVICES
Regulatory
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Assess and manage clients' environmental liabilities
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Advise clients on regulatory compliance issues related to hazardous waste, air pollution, water pollution, toxic substances, occupational safety, and public health
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Advise clients regarding site remediation, brownfields redevelopment, clean-up and re-use of contaminated sites, under CERCLA and state clean-up programs
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Prosecute utility rate cases
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Counsel utilities, non-utility power producers and suppliers, unregulated affiliates of public utilities, and thermal and renewable energy providers
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Advocate on behalf of clients at the local, state, and federal levels
Transactional
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Assist clients with land development approvals and permitting, project finance, construction, energy generation, and purchase agreements for new energy facilities, including solar, wind, renewable energy, and co-generation plants
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Manage due diligence and negotiate environmental risk allocation in transaction documents
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Advise clients on energy marketing and sales agreements
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Advise clients on corporate transactions, including mergers and acquisitions, project finance, and securities issuances
Litigation
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Represent clients in a wide range of environmental litigation, including state and federal Superfund cases, environmental regulatory enforcement, private clean-up cost recoveries, toxic torts, white-collar environmental criminal defense, and National Environmental Policy Act litigation
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Appear before federal, state, and local regulatory agencies, including the Federal Energy Regulatory Commission, the U.S. Environmental Protection Agency, state environmental agencies, and state utility commissions
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Represent energy and public utility clients in a broad array of litigation in the state and federal courts
CLIENTS
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Utilities
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Energy producers
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Energy suppliers and distributors
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Manufacturing, technology, and managed services companies
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Real estate developers and lenders
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Third-party suppliers
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Midstream operators and transporters
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Energy consumers
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Investors
TEAM
Cozen O’Connor’s energy, environmental, and utilities team is made up of highly qualified attorneys. It includes a former regulator in the EPA’s Air Enforcement Division and special assistant to the EPA’s director of civil enforcement and a former general counsel to one of the nation’s largest water suppliers and current outside counsel to the Pennsylvania Chapter of the National Association of Water Companies. Members have been appointed to high-profile state and federal advisory panels on clean energy and energy efficient policy, serve as chairpersons of state bar association public utility sections and hold leadership roles in the U.S. Green Building Council. Many of our lawyers also speak and write frequently on environmental issues.
Our energy, environmental, and public utilities attorneys work in close collaboration with one another and with lawyers from other practices in the firm, including real estate, public and project finance, and tax. It is not unusual for lawyers from multiple disciplines to interact with one another to provide comprehensive services to our clients. At Cozen O’Connor, cross-practice communication and teamwork is embedded in our firm culture.
February 06, 2017
Robert Fallon discusses the proposal requiring an RTO/ISO that allocates real-time uplift costs to deviations must allocate the costs to market participants “whose transactions are reasonably expected to cause the uplift costs.”
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November 18, 2016
This analysis provides insight into some of the most pertinent business issues President-elect Trump will likely address during his term, and what the election could mean for your industry and your business.
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October 25, 2016
Robert Fallon and Mark Lazaroff discuss FERC's recent audit of a company participating in numerous wholesale power markets and highlight errors that can occur with electronic quarterly reports, as well as the actions suggested by FERC and taken by the company to prevent such errors in the future.
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August 25, 2016
Robert Fallon discusses FERC’s second attempt to gather information on the entities connected to market participants — so-called Connected Entity information.
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July 25, 2016
George Bibikos and Mark Lazaroff discuss new EPA and PA Department of Environmental Protection regulations intended to reduce emissions in the energy industry.
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July 05, 2016
Robert Fallon and Troy Sellers discuss a recent decision by the U.S. Court of Appeals for the District of Columbia Circuit that determined that granting a tax allowance to partnership pipelines results in inequitable returns for partners in those pipelines as compared to shareholders in corporate pipelines.
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May 04, 2016
Michael Klein, David Zambito and Troy Sellars discuss Act 12 that revises Chapter 13 of the Pennsylvania Public Utility Code to provide a framework for valuing, for ratemaking purposes, water and wastewater systems that are owned by a municipal corporation or authority and that are to be acquired by another entity that is or will be regulated by the Pennsylvania Public Utility Commission as a public utility.
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April 19, 2016
Robert Fallon discusses the CFTC issued proposed guidance that two products – common in competitive wholesale electric and natural gas markets – would not be considered swaps under the Dodd-Frank Act.
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March 24, 2016
Robert Fallon and Mark Lazaroff discuss the CFTC's final rule that took effect on March 21, 2016. The final rule expands CFTC’s “trade option exemption” and ensures that commodity options will not be subject to the full panoply of regulatory requirements associated with swaps under Dodd-Frank.
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February 04, 2016
Robert Fallon and Mark Lazaroff discuss the Supreme Court's decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., upholding FERC Order No. 745 which allows demand response providers to participate in wholesale energy markets.
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December 03, 2015
The CFTC filed almost 70 enforcement actions, imposing $3.144 billion in monetary penalties. In contrast, the FERC was “steady as she goes,” imposing $26 million in penalties.
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November 11, 2015
The court upheld a DSIC calculation methodology approved by the Pennsylvania Public Utility Commission that excludes an adjustment to the surcharge for ADIT and allows the utility to account for the full amount of state income taxes, without anticipated deductions, associated with DSIC revenues.
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October 15, 2015
Michael Klein discusses the Commonwealth Court’s recent decision in Valley Forge Sewer Authority v. Hipwell et all. involving a municipal authority’s efforts to collect rates for several years of services that had been rendered, but not previously billed by the authority due to inaccurate information.
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September 28, 2015
Stakeholders with projects (or potential projects) within the basin may wish to review the proposed rules and consider attending the hearing scheduled for late October or submitting comments by early November.
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May 29, 2015
The ban generally prohibits PUC employees and their families from accepting any gifts or favors that would influence the manner in which the employees perform their work, make their decisions, or otherwise perform their duties.
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April 21, 2015
The Supreme Court today allowed the states a greater role in regulating the energy sector.
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February 26, 2015
On February 23, 2015, the District Court for the Middle District of Pennsylvania issued a decision in Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., holding that eight compressor stations owned by Ultra Resources, Inc. (Ultra) in Pennsylvania did not constitute a “major emitting” source of nitrogen oxide (NOx) under the Clean Air Act or Pennsylvania’s New Source Review rules.
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January 29, 2015
In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to focus on its core environmental mission while taking advantage of PUC’s historic ratemaking expertise. The PUC originally regulated water and sewer rates, and the agency historically has regulated rates and services of electric and telecommunications companies in areas where competition was weak or nonexistent. According to Darryl Tietjen, director of Rate Regulation for the PUC, one of the basic objectives of the move is to make water regulation more consistent with the way electric utilities are regulated.
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November 18, 2014
On October 22, 2014, Governor Corbett signed Act 155 into law. The Act will go into effect 60 days from the date the governor signed it or approximately December 21, 2014. Among other things, this Act revises Section 510 and Chapter 14 of the Pennsylvania Public Utility Code to implement funding changes for the Public Utility Commission (the Commission), expands the types of entities subject to the “responsible utility customer protection[s]” contained within Chapter 14 and extends Chapter 14’s expiration through 2024. These changes will be discussed in more detail below.
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November 12, 2014
In a surprise announcement last evening from Beijing, President Obama and Chinese President Xi Jinping committed to ambitious cuts in carbon emissions over the next 15 years with the hope of preventing catastrophic global warming. The joint announcement calls for the United States, by 2025, to reduce carbon emissions by 26-28 percent below 2005 levels and for China to reduce net carbon emissions starting in 2030 or earlier and to increase the overall share of non-fossil fuels in primary energy consumption to around 20 percent by 2030.
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July 24, 2014
One of the most important and sobering lessons learned in the wake of Superstorm Sandy was how susceptible New Jersey’s critical facilities, such as water and wastewater treatment centers, transportation centers, emergency shelters, and health care facilities are to major storm events and resulting energy disruptions. In order to combat similar widespread power losses and disruptions in critical services in the future, New Jersey is in the process of establishing the New Jersey Energy Resilience Bank (ERB) to encourage the development of distributed energy resources.
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June 17, 2014
Cozen O'Connor's Energy Environmental & Public Utility Group convenes a symposium of national experts in Philadelphia to discuss emerging issues surrounding catastrophic releases of hazardous materials.
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April 30, 2014
On April 29, 2014, in a very significant 6-2 decision, the U.S. Supreme Court affirmed EPA’s Cross-State Air Pollution Rule (CSAPR or the Rule), overturning a 2012 D.C. Circuit Court of Appeals decision invalidating the Rule. The decision in EPA v. EME Homer City Generation, L.P. is a major victory for downwind states adversely impacted by power plant emissions originating in upwind states. For example, a substantial portion of air pollution in New Jersey comes from major emitting facilities in upwind states.
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March 31, 2014
On March 28, the White House announced a set of new policy initiatives to reduce emissions of methane, a greenhouse gas (GHG) 20 times more powerful than carbon dioxide. The Climate Action Plan—Strategy to Reduce Methane Emissions (Methane Plan) outlines the administration’s plans for new regulations, voluntary efforts and measurement technology to reduce and track methane emissions.
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March 19, 2014
In an article titled “Your Vulnerability and Emergency Response Plan – Friends or Enemies?” Michael Klein recommends – following the recent Elk River chemical spill in West Virginia – that every public water system consider doing at least two things: (1) review and update existing vulnerability assessments and emergency response plans; and (2) regularly train and educate employees with respect to the assessments and plans.
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March 10, 2014
On March 5, 2014, the House of Representatives passed H.R. 2126, the “Energy Efficiency Improvement Act of 2014.” The bill was co-sponsored by Representatives David McKinley (R-W.Va.) and Peter Welch (D-Vt.). The bill received bipartisan support, passing the House by a vote of 375-36.
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March 03, 2014
In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when, on January 9, 2014, the New Jersey Appellate Division affirmed the trial court’s ruling in Hess Corporation v. Eni Petroleum U.S. LLC, et al., No. A-3464-12T4 (A.D., January 9, 2014).
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February 27, 2014
On February 20, 2014, the Pennsylvania Public Utility Commission (Commission) issued a proposed rulemaking in connection with its implementation of the Alternative Energy Portfolio Standards Act of 2004 (AEPS Act). While the Commission has proposed a number of changes that merely implement the requirements of Act 35 and Act 129, there are several new substantive provisions impacting net metering and large customer-generators and that merit close review by electric utilities, merchant generators and customers proposing to self-generate. The proposed rulemaking will be open for public comment for 30 days after publication in the Pennsylvania Bulletin.
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December 16, 2013
New Jersey law requires the state to produce an Energy Master Plan (EMP or Plan) every three years. The New Jersey Legislature is considering a bill that will require future EMPs to include long-term capacity planning and infrastructure planning.
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October 16, 2013
On October 11, 2013, New Jersey’s Long-Term Capacity Pilot Program (LCAPP) became the second state program designed to foster the development of new in-state power plants to be found unconstitutional in as many weeks. In late September, a federal judge ruled that a comparable Maryland program was unconstitutional on similar grounds.
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October 09, 2013
The New Jersey Board of Public Utilities (the Board) recently announced that it is soliciting feedback from industry stakeholders regarding a proposal to remove the Renewable Portfolio Standard (RPS) requirement from the Basic Generation Service (BGS) procurement process. Board staff asked stakeholders to respond to 11 questions, which have now been posted to the Board website.
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September 17, 2013
On October 15, 2013, the New Jersey Board of Public Utilities (the Board) will begin accepting applications for solar projects under Subsection (q) of the New Jersey Solar Act (the Act). See N.J.S.A. 48:3-87(q).
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September 12, 2013
In August 2013, the New Jersey Board of Public Utilities issued an order affirming an initial decision of the New Jersey Office of Administrative Law, which estopped the Borough of Woodland Park from constructing a parallel water system and competing against New Jersey-American Water Company, Inc., in its franchise area.
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August 15, 2013
In July 2013, the U.S. Court of Appeals for the 5th Circuit issued a ruling in which it relied upon the filed rate doctrine to dismiss a claim against a federally regulated natural gas company. In Medco Energi US, LLC v. Sea Robin Pipeline Co. (5th Cir. 2013), Medco Energi US, LLC sought damages from Sea Robin Pipeline Company stemming from an interruption in service. The ruling is significant to regulated utilities as an example of how the filed rate doctrine can preclude claims against a utility that are derivative of provisions or services addressed in the utility’s tariff.
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January 01, 2013
Over the last several years, attorneys have begun to see the focus of environmental regulations in the United States shifting from cleaning up legacy contamination to anticipating the environmental challenges of the future.
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December 13, 2012
After months of hearings and petitions, at their December 5, 2012 meeting, the Pennsylvania Public Utility Commissions (PUC) upheld PECO’s and FirstEnergy’s energy efficiency savings targets for the second phase of Pennsylvania’s Act 129 Energy Efficiency and Conservation Program (EE&C program).
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November 15, 2012
Starting on January 1, 2013, New Jersey commercial and industrial (C&I) ratepayers will be eligible for a new credit
against their Societal Benefits Charge (SBC) contributions. The credit was signed into law by New Jersey Governor Chris Christie on January 17, 2012. Under the provisions of the statute (N.J.S.A. 48:3-60.3), C&I ratepayers may be eligible for a credit against their SBC charge equal to one-half of the costs incurred for the purchase and installation of energy efficiency products and/or services.
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November 06, 2012
On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state law nuisance claims are preempted by the federal Clean Air Act (CAA).
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November 05, 2012
U.S. District Court Holds that Federal Clean Air Act Preempts Pennsylvania State Law Common Law Tort Claims - Energy, Environmental and Utilities Alert - On October 12, 2012, the U.S. District Court for the Western District of Pennsylvania issued an opinion and order in Kristie Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P., No. 2:12-cv-929, holding that state law nuisance claims are preempted by the federal Clean Air Act (CAA).
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October 10, 2012
Ninth Circuit Rejects Global Warming Nuisance Claim: Native Village of Kivalina v. ExxonMobil Corp - Energy, Environmental and Utilities Alert - On September 21, 2012, the 9th Circuit Court of Appeals upheld a District Court decision dismissing the claims of the Native Village of Kivalina and the City of Kivalina (collectively Kivalina) asserting that some of the largest
energy companies in the United States(collectively Energy Producers) were responsible for coastal erosion caused by
greenhouse gas emissions and resulting global warming.
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September 14, 2012
D.C. Circuit Court Rejects EPA's Multistate Power Plant Rule - Energy, Environmental and Utilities Alert - On August 21, 2012, two judges on a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued an opinion vacating the Cross-State Air Pollution Rule (CSAPR), a complex rule designed by the U.S. Environmental Protection Agency (EPA) to regulate emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) from multiple power plants across 28 states.
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August 22, 2012
Sixth Circuit Vacates EPA Aggregation of Gas Facilities as Illogical - Energy, Environmental and Utilities Alert - On August 7, 2012, the U.S. Court of Appeals for the 6th Circuit rejected a determination of the U.S. Environmental Protection Agency (EPA) pursuant to agency policy that functionally related gas facilities, including a sweetening plant and roughly 100 natural gas wells spread out over a 43-square-mile area, should be treated as a single “major” source for the purposes of regulation under the federal Clean Air Act (CAA).
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August 13, 2012
PUC Extends Energy Efficiency Program Into Second Phase, But Sets Stage For Additional Act 129 Proceedings - Energy, Environmental and Utilities Alert - On August 3, 2012, pursuant to Act 129 of 2008 (“Act 129”), the Pennsylvania Public Utility Commission (“PUC”) issued an order extending mandatory electricity consumption reduction targets in the Commonwealth into a second phase.
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July 26, 2012
Pennsylvania Commonwealth Court Voids Act 13 Zoning Provisions - Energy, Environmental and Utilities Alert - On Thursday, July 26, 2012, the Pennsylvania Commonwealth Court issued an order voiding those provisions of Act 13 that would have required municipalities to change their zoning rules to accommodate natural gas development activities.
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July 23, 2012
Recent NY Enforcement Action Highlights Need for Periodic Reviews of State Ethics Requirements - Energy, Environmental and Utilities Alert - Public utilities, as well as other entities that regularly negotiate with, appear before and attempt to influence regulators, are reminded of the importance of complying with applicable ethics laws when dealing with public officials and employees of state agencies.
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July 19, 2012
D.C. Circuit Upholds EPA Greenhouse Gas Regulations - Energy, Environmental and Utilities Alert - On June 26, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld a suite of U.S. Environmental Protection Agency (EPA) actions related to the regulation of greenhouse gas (GHG) emissions under the federal Clean Air Act (CAA).
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July 05, 2012
Pennsylvania Amends Municipality Authorities Act to Restrict Authority Expenditures - Energy, Environmental and Utilities Alert - On June 27, 2012, Pennsylvania Governor Tom Corbett signed into law Senate Bill 375, which had been approved by a vote of 47-0 in the Senate on June 13 and by a vote of 196-0 in the House on June 19. The bill places certain restrictions on municipal water and sewer authorities’ ability to expend resources on activities not related to their core purpose.
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June 21, 2012
Philadelphia Enacts Mandatory Energy and Water Use Disclosure Ordinance for Commercial Buildings - Energy Policy Alert - To spur commercial building owners to invest in energy efficiency, Philadelphia City Council passed a mandatory energy and water disclosure ordinance on June 21, 2012.
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June 15, 2012
Update - NJ Assembly Environment Committee Approves Bill to Prevent Treatment of Fracking Wastes - Energy, Environmental and Utilities Alert - On the evening of June 14, the New Jersey Assembly and Solid Waste Committee approved A575.
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June 14, 2012
NJ Senate Committee Approves Bill Prohibiting the Treatment of Fracking Materials - Energy, Environmental and Utilities Alert - On June 7, 2012, the New Jersey Senate Environment and Energy committee unanimously approved a bipartisan bill, S.253, that aims to prohibit the treatment of waste products from hydraulic fracturing (also known as fracking), in New Jersey.
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May 20, 2012
EPA Issues Draft Guidance for Hydraulic Fracturing with Diesel Fuel - Energy, Environmental and Utilities Alert - Acting pursuant to its authority under the Safe Drinking Water Act (SDWA), the U.S. Environmental Protection Agency (EPA) on May 10, 2012, released draft permitting guidance for hydraulic fracturing during oil and natural gas production activities, but which applies only where diesel fuel is a component of the fracturing fluid.
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May 04, 2012
EPA Issues Final Emissions Standards for Oil & Natural Gas Sector - Energy, Environmental and Utilities Alert - On April 17, 2012, the U.S. Environmental Protection Agency (EPA) finalized performance and emissions standards for emissions from hydraulically fractured natural gas wells and
other source categories in the oil and natural gas sector. Specifically, the rule revises New Source Performance Standards (NSPS) under 40 C.F.R. part 60, subparts KKK, LLL and new OOOO as well as National Emissions Standards for hazardous Air Pollutants (NESHAP) under 40 C.F.R. part
63, subparts HH and HHH.
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May 01, 2012
Pending Maryland Law Requires Largest Counties and Municipalities to Set Stormwater Management Fee - Energy, Environmental and Utilities Alert - On April 6, 2012, the Maryland Senate passed, by a 33-14 vote, SB 614 or the “Stormwater Management - Watershed Protection and Restoration Program.”
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March 12, 2012
Pennsylvania's Building Code Advisory Commission Votes to Reject 2012 International Construction Code, Extend Code Evaluation Cycle to Six Years - Real Estate Alert! - According to the Department of Energy's Office of Energy Efficiency and Renewable Energy, residential and commercial buildings will account for 73.2 percent of total electricity consumption and 40.1 percent of the nation's total energy consumption in 2011, with approximately half of those totals attributable to commercial buildings alone
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March 01, 2012
Arguing for Liability Reform to Help Solve an Old Problem - The Pennsylvania Lawyer - Thousands of current and future Marcellus Shale natural gas extraction wells are located near Pennsylvania’s 250,000- plus abandoned coal mines, many of which discharge acid mine drainage into local streams and rivers. Acid mine drainage, which leaches heavy metals from surrounding rocks and kills aquatic life, is the biggest single cause of stream impairment in Pennsylvania. It has rendered unusable more than 5,500 miles of streams, contaminated...
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October 07, 2011
News Concerning Recent Developments in Energy and Environmental Law - Energy, Environmental and Utilities Alert! - We are pleased to present the latest edition of the Energy, Environmental and Utilities Alert. We hope you find this information beneficial and informative
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August 30, 2011
Use Acid Waters for Fracking - Patriot News - Pennsylvania's 200-year history of coal mining has left a legacy of polluted waterways that remains one of the state's greatest environmental challenges. More than 250,000 abandoned surface mines, many containing acidic water-filled pits, scar Pennsylvania's landscape. Acidic drainage from these abandoned mines-called acid mine drainage or AMD -often has a pH below 5.0, which leaches heavy metals from surrounding...
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June 29, 2011
"Let the sun shine in: Owners guide to solar rooftop agreements" - Real Estate Weekly - In New York City, the Bloomberg administration recognizes that renewable energy will play a significant role in our energy supply with solar having the greatest potential to generate electricity in the five boroughs. Tax credits and other incentives have been established to make installation of solar photovoltaic systems on buildings more economically attractive. This includes a Solar Electric Generating System
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November 27, 2009
Comments on United States Environmental Protection Agency Proposed Rulemaking to - The Federal Register - The stated purpose of the proposed Light-Duty Vehicle Greenhouse Gas Emission Standards
and Corporate Average Fuel Economy Standards (the “Rule”) is to address the urgent and
closely intertwined challenges of energy independence and security and global warming by
increasing the fuel economy of the nation’s light duty vehicle fleet. Vehicle electrification
technology, including plug-in hybrid electric...
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August 17, 2009
The American Clean Energy and Security Act: HR 2454 - Energy, Environmental & Public Utilities Alert! - On June, 26, 2009, the House of Representatives passed the American Clean Energy and Security Act of 2009 (“ACESA”) by
the close margin of 219 votes in favor of the bill and 212
against it. This bill, House Bill No. 2454, is popularly called the
Waxman-Markey energy bill for its co-sponsors Rep. Henry
Waxman (D-Calif.) and Rep. Ed Markey (D- Mass.).
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April 01, 2008
Climate Change: The Future Is Upon Us - The Metropolitan Corporate Counsel - The Editor interviews Peter J. Fontaine, Co-Chair, Climate Change Practice Area, Cozen O’Connor.
Editor: Mr. Fontaine, would you tell us something about your professional experience?
Fontaine: I’ve been an environmental lawyer since 1990. I graduated from George Washington University School of Law that year and accepted an honors position at the EPA, where I worked in
the enforcement program until 1995.
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