Corps Issues Regulatory Guidance Letter on Jurisdictional Determinations

On October 31, the U.S. Army Corps of Engineers (“Corps”) issued the first Regulatory Guidance Letter (“RGL”) of the Obama Administration, seeking to clarify the applicability and use of jurisdictional determinations (“JDs”). The RGL supersedes two prior RGLs on JDs issued during the George W. Bush Administration, RGL 07-01 and RGL 08-02. Background The RGL was issued in response to the U.S. Supreme Court’s unanimous decision earlier this year in U.S. Army Corps of Engineers v. Hawkes Co. , in which the Supreme Court held that approved JDs (“AJDs”) are final agency actions subject to judicial...

EPA Releases Final Control Techniques Guidelines for Existing Oil and Natural Gas Sources

In its latest effort targeting emissions from the oil and gas industry, EPA last week released final Control Techniques Guidelines (CTGs) for reducing volatile organic compound (VOC) emissions from existing oil and natural gas equipment and processes (Oil and Gas CTG) . The CTGs represent EPA’s Reasonably Available Control Technology (RACT) recommendations for reducing VOC emissions from existing sources in the oil and gas industry. While EPA may characterize the CTGs as voluntary guidelines, they are anything but voluntary. On October 26, 2015, EPA issued a new stringent National Ambient Air...

FERC Confirms Contract-Specific Nature of Mobile-Sierra Presumption and WSPP Agreement Requirements

Earlier this year , we alerted you to a January 8, 2016 Revised Initial Decision by an administrative law judge (ALJ) at the Federal Energy Regulatory Commission (Commission) that implicated issues of concern to the industry as a whole, as well as to the parties to the proceeding. The Commission recently issued an order reversing the Revised Initial Decision and, in doing so, upheld the well-established contract-specific nature of a challenge to bilaterally negotiated contracts pursuant to the Mobile-Sierra presumption. [1] Background As described in more detail in our April 11, 2016 post, in...
Tags: 

FERC Audit Report Provides Guidance Regarding Reporting Of Uplift And Capacity Payments In Electric Quarterly Reports

On October 14, 2016, the Federal Energy Regulatory Commission (“FERC”) issued an order approving an audit report providing guidance regarding how to report certain types of transactions and payments received by those participating in the FERC-jurisdictional markets operated by Regional Transmission Organizations (“RTO”) and Independent System Operators (“ISO”) in a seller’s Electric Quarterly Reports (“EQR”). The audit report highlights pitfalls that market-based rate sellers should avoid when submitting EQRs and provides insight into areas of likely FERC scrutiny. In particular, FERC staff’s...

U.S. Chemical Safety and Hazard Investigation Board Releases Strategic Plan for 2017-2021

The U.S. Chemical Safety and Hazard Investigation Board (“CSB”) released its Strategic Plan for 2017-2021 today. The Strategic Plan is the result of 18 months of staff and stakeholder development and review. The plan serves as a blueprint for the CSB’s investigative priorities over the next five years. Chairperson Vanessa Allen Sutherland described the Board’s mission as “driving chemical safety change through independent investigations to protect people and the environment.” The purpose of the Strategic Plan is to help the Board advance its mission. The three goals listed in the Strategic...

Pages