Two of the Supreme Court’s major, end-of-term decisions turn on the deference the Court gives to agency determinations of the meaning of ambiguous clauses in complex regulatory statutes, applying the familiar Chevron framework. The Court’s less deferential applications of Chevron raise important questions about the deference courts might be expected to give to the scope
Inside Energy & Environment
Developments in law and policy of energy, commodities and environment
Latest from Inside Energy & Environment - Page 22
U.S. Appeals Court Rejects, as Premature, Challenge to EPA’s Clean Power Plan
By Mark Perlis
Today, the United States Court of Appeals for the District of Columbia Circuit refused to review challenges of EPA’s authority to adopt comprehensive regulations of carbon emissions from exiting power plants. A coal company, joined by 12 States, had asked the Court of Appeals to prohibit EPA from finalizing its Clean Power Plan on multiple…
FERC Outlines its Role in Implementing EPA’s Clean Power Plan
Earlier this year, FERC held four technical conferences to discuss the implications of state, regional and/or federal plans for compliance with EPA’s proposed Clean Power Plan (CPP) rule to set carbon emission limits for existing electricity generating units. A major issue raised was the impact of the CPP on electric grid reliability as coal-fired generators…
FERC Hears Concerns Regarding EPA Carbon Rules, But Next Steps Remain Less Than Clear
At the first in a series of technical conferences, industry and government stakeholders yesterday strongly urged FERC to be proactive in helping to shape the EPA’s Clean Power Plan (“CPP”). What remains unclear, however, is precisely how the Commissioners can and will seek to influence a rulemaking over which the Commission lacks jurisdiction.
FERC is convening…
U.S. Navy Affirms Commitment to Use Alternative Fuels
On August 25, 2014, the U.S. Navy announced that it would continue its four-year collaboration with the Chilean Navy to research, develop, and use “drop-in” alternative fuels to power surface ships and aircraft. Both navies have established goals of significantly increasing their use of alternative fuels. The Chilean Navy intends to use renewable energy sources…
“What’s in a Name?: Legal Implications of the EU Recommendation on Shale Gas”
While the European Commission’s Recommendation on Shale Gas of January 22, 2014 is not legally binding, it may have different legal impacts on EU institutions and agencies as well as public authorities and private parties in the EU Member States. The attached article published in the Environmental Law Reporter describes four different legal scenarios that…
The New European Commission’s Communication and Recommendation on Shale Gas
On January 22, 2014, the European Commission published its Communication and Recommendation on Shale Gas. The documents finally published are essentially the same as the draft versions that we reported in our blog post of January 17, 2014 and only introduce minor changes.
Among other things, the Recommendation now confirms that it “neither implies that…