State Regulation: Pennsylvania Public Utility Commission Proposes Amendments to Low-Income Usage Reduction Program Regulations
On Thursday, May 18, 2023, the Pennsylvania Public Utility Commission (PUC) adopted a Notice of Proposed Rulemaking proposing amendments to the Low-Income Usage Reduction Program (LIURP) regulations. LIURP regulations apply to natural gas distribution companies and electric distribution companies that are
Court Finds California Racial, Ethnic and LGBT Quotas for Boards Unconstitutional
GT’s Environmental Practice Recognized in 2023 Chambers USA Guide
The Chambers USA 2023 Guide recognized the Environmental Practice of global law firm Greenberg Traurig, LLP on its nationwide list of the top 32 environment practices in the country. Greenberg Traurig elevated its Environmental Practice national ranking by one band.
“This really is a continuing signal of achievement of 100 lawyers in our practice group,”…
IRS Provides Additional Guidance for Advanced Energy Projects Under Section 48C of the Code
On May 31, 2023, the IRS released Notice 2023-44, which provides additional guidance for applicants seeking allocations of the Qualifying Advanced Energy Project Credit under Section 48C of the Internal Revenue Code (a “Section 48C credit”). The Section 48C credit program governs the allocation of $10 billion in U.S. federal income tax credits available…
IRS Issues Proposed Regulations for Energy Projects Located in Low-Income Communities
The Internal Revenue Service issued proposed regulations on May 31, 2023, for the Low-Income Communities Bonus Credit Program under Section 48(e) of the Internal Revenue Code. The proposed regulations provide more details on the procedures and criteria of the application process for entities to be able to receive increased U.S. federal income tax credits for…
Long Term Storage Credits: Securing Arizona’s Water Future
This article is Part 5 of Snell & Wilmer’s series on Arizona’s water supply and legal framework. So far in this series we have examined the most common and most-used water sources in Arizona’s diverse water portfolio: groundwater, surface water, and Colorado River water. This article describes Arizona’s long-term storage credit (LTSC) system, which provides…
Briefing Continues in Chemours’s Challenge to EPA’s GenX Health Advisory Level
As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX. A three-judge panel of the Third Circuit denied EPA’s motion to…
EPA Receives Extensive Comments on its Proposed PFAS MCLs
On May 30, 2023, the comment period closed on EPA’s proposed maximum contaminant levels (“MCLs”) for six PFAS at which time EPA had received 97,793 comments. Under the proposed rule EPA would set MCLs for Perfluorooctanoic acid (PFOA), Perfluorooctane sulfonic acid (PFOS), Perfluorononanoic acid (PFNA), Hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA…
Lower Colorado Basin States’ Compromise on Water Conservation
On May 22, 2023, the Lower Colorado Basin States comprised of California, Arizona, and Nevada agreed to voluntarily conserve three million acre-feet of water over the next three years. This compromise is a result of pressure from the federal government for these states to voluntarily reduce their water allocations from the Colorado River due to the…
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas.
The Court’s Ruling
The…
