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Yesterday FERC issued an order denying a request for rehearing submitted by Washington Gas Light (WGL) in the Cove Point LNG Pier Enhancement proceeding. In its order, FERC addressed and dismissed all three allegations of error made by WGL. The order is available in the FERC eLibrary under Docket No. CP09-60. Posted on November 20, 2009 at 01:01 pm

Industry analysts have told Reuters that they believe it is not likely that the United States will export significant additional quantities of LNG in the coming years despite forecasts that U.S. gas supply will outpace domestic demand. The analysts cited the relatively higher costs of producing gas in the United States, logistical challenges of aggregating gas from disparate shale plays for export, and potential political obstacles. Posted on November 20, 2009 at 12:56 pm

The Massachusetts Department of Energy Resources provided comments to FERC this week regarding a regional natural gas market study submitted by Weaver's Cove Energy. The Department asserted "that it is unclear to what extent, if any, Weaver's Cove's LNG supply is needed either to meet the region's gas supply needs or to reduce fossil [fuel] use in the region." The comments are available in the FERC eLibrary under Docket No. CP04-36. Posted on November 20, 2009 at 12:54 pm

On August 19, 2009, the Federal Energy Regulatory Commission announced the execution of a Memorandum of Understanding between FERC and the state of Maine to coordinate procedures and schedules for review of tidal energy projects off the coast of Maine. Although FERC characterizes the Maine MOU as similar to those signed with Oregon and Washington State, in my view, the MOU with Maine makes a more aggressive commitment to getting pilot projects in the water and provides a more specific procedure... Posted on August 20, 2009 at 02:48 pm by Carolyn Elefant

Oregon: Oregon is about to set sail on mapping its oceans, reports the Press Enterprise. According to Governor Kulongoski, who is quoted in the story, the data collected from the surveys will help identify marine habitats and select alternative energy sites, including wave energy sites. The mapping project is expected to take 2 years, and is being funded by a $5 million grant from NOAA and $1.3 million in state money. Resolute Marine (Massachusetts): There's an interesting story at CleanTech... Posted on August 20, 2009 at 12:28 pm by Carolyn Elefant

Chile: Looks like Chile is a hotspot for tidal power. According to a United Press International story, a tidal power feasibility study for Chile found the country had a "unique" wealth of natural tidal sites that, if harnessed only up to 10 percent of available tidal power, could exceed the installed capacity of Chile's central grid. The study was conducted for the Inter-American Development Bank by Garrard Hassan energy consultancy, based in Bristol, England. Potential tidal sites include the... Posted on August 20, 2009 at 12:09 pm by Carolyn Elefant

In this weekend's La Presse, Fran&#xc3&#xa7ois Cardinal wonders why governments always play with words when making policy for what to do with our waste. After several revisions to its policy on "residual materials" (read waste), the Quebec government has reinvented the language of waste management. Instead of "dump" we say "sanitary landfill". We no longer "recycle", we "valorize". Yes, it's as silly as calling bald people follicly challenged, but the sad reality is that many governments (Quebec is by... Posted on November 22, 2009 at 03:37 pm by Yves Faguy

Just came across an interesting article discussing the ecological disaster that is shipping. This largely has to do with the use of "bunker fuel" - a very low grade, high sulphur, diesel that is used by ships around the world. The article claims 16 large tankers produce more pollution than all the cars in the world. See the article here. Posted on November 22, 2009 at 10:59 am by Jonathan Brun

Progress is being made on reducing deforestation in the Amazonian rainforest. This is being done through satellite monitoring of ranches and the enforcement of laws and regulations. In fact, deforestation in 2008 was at its lowest level since monitoring began in 1988 - promising news. The reality is that the enforcement of laws drives behaviour and to have a real impact the government must be tough. Article in the New York Times here. Money quote from Robert Cleary, author of a report on... Posted on November 19, 2009 at 05:28 am by Jonathan Brun

Following up on the BC Government's August 2009 throne speech and the Premier's announcement on November 2, 2009, today, the BC Government announced the members of, and the terms of reference for, BC's Green Energy Advisory Task Force. Here is a copy of the press release, a link to the Green Energy Advisory Task Force website and the terms of reference. I am very pleased to have been appointed to be a part of a team that will advance BC's long-term vision for green energy. Reporting directly to... Posted on November 20, 2009 at 12:55 pm

BC Hydro announced today that it has narrowed the field of proponents for its 2008 Clean Power Call and intends to award EPA's in December. According to BC Hydro's press release, of the 68 proposals submitted in the response to the Call: 21 were eliminated either through proponent withdrawal, they did not meet the CPC requirements or were considered too high a risk; 13 were identified as the most cost-effective and are now moving forward with direct post-proposal discussions with BC Hydro with... Posted on November 17, 2009 at 04:10 pm

Following up on my earlier blog post, the Bear Mountain Wind Park is now officially open, online and generating electrons to the British Columbia power grid, bringing Canada's total current installed wind energy capacity to 2,956 MW. The $200 million Bear Mountain project located near Dawson Creek, BC was completed on time and on budget. With a total capacity of 102 MW, the park will produce enough energy to power most of BC's South Peace region. Under the Government of Canada's ecoENERGY for... Posted on November 13, 2009 at 08:35 am

CNBC: A looming government clampdown on CO2 emissions is about to confront an already embattled U.S. coal power industry with two stark options: capture carbon or die. Legislation from Congress or tough new regulatory demands could make it costly to spew greenhouse gases, posing a serious threat to the nation's coal-fired power plants. With coal the single biggest source of carbon emissions, industry backers are pinning their hopes on technology to trap and store these emissions blamed for... Posted on November 20, 2009 at 07:52 am by Edward G. Lanza

The New York Times: The recession was hardly anybody's idea of a good way to put the country on a sensible energy diet. But it may have done just that. Many coal plants whose emissions were spreading acid rain, mercury and the ingredients of global warming have not been running as much lately, and the price of coal was down by half in the last year - like the price of oil. Demand for electricity was down 1 percent last year and another 4 percent in the first half of 2009; ordinarily, electric... Posted on November 19, 2009 at 11:29 am by Edward G. Lanza

Washington Business Journal: Constellation Energy Group will proceed with plans to sell a stake in its nuclear power business to Electricite de France SA, accepting conditions put on the merger by Maryland regulators. The Maryland Public Service Commission last week approved Constellation's $4.5 billion sale, which will give EDF just under 50 percent ownership of its nuclear power business, with conditions that require Constellation to give its customers a total of $110 million in rebates by... Posted on November 3, 2009 at 11:14 am by Edward G. Lanza

The US Environmental Protection Agency (EPA) is holding hearings this week on it proposed "Tailoring Rule ", that would regulate certain sources that emit more than 25,000 tons of carbon dioxide... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 17, 2009 at 05:54 am by Scott Deatherage

I was recognized by the Best Lawyers in America and thought I would share this with the followers of this blog, and let you know that I am honored as there are so many excellent environmental lawyers... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 16, 2009 at 12:45 pm by Scott Deatherage

EPA earlier this year proposed its endangerment finding under the federal Clean Air Act in response to the U.S. Supreme Court's finding in Massachusetts v. EPA that permitted EPA to regulate... [[ This is a content summary only. Visit my website for full links, other content, and more! ]] Posted on November 12, 2009 at 06:32 am by Scott Deatherage

Body: The Pittsburgh-Post Gazette reports that McKeeysport Mayor Jim Brewster is in discussion with "several natural gas companies" concerning leasing city land. The goal is to gain royalties that will help avoid or limit tax limitations. Read the entire article: [www.post-gazette.com] Category: General News of Interest Published: 11/12/2009 9:41 AM Posted on November 14, 2009 at 04:41 pm

Body: In the thoughtful article posted today, the Calgary Herald analyzed the impact of Marcellus Shale development upon western producers in the US and Canada. The article reasons, in part: "The oil and gas industry started in Pennsylvania just over 150 years ago. After going into demise a century ago due to more prolific and lucrative sources from places like Texas and Louisiana, the industry is coming back full circle to the Quaker State. Production of natural gas from the mega Marcellus... Posted on November 9, 2009 at 05:00 pm

Body: Reuters reports today that George Zimmerman, owner of 480 acres in Washington County (SW Pa) filed a suit against Atlas Energy, Inc. claiming that hydrofracs performed by Atlas "ruined his land with toxic chemicals used in or released there by haudraulic fracturing." The case alledges that water tests near three wells found seven "potentially carcinogenic chemicals above 'screening levels' set byt he US EPA." Atlas denies the claim and indicates that it will vigorously defend against the... Posted on November 9, 2009 at 04:50 pm

Friday, November 13, 2009 Oswego City Hall-Common Council Chambers 13 W. Oneida Street, Oswego, NY Presentation on WIND POWER PROJECTS ON THE GREAT LAKES by the New York Power Authority and meet Richard Kessel, NYPA President More info: Mary Vanouse, Community Development Director at 315-343-3795 or mvanouse _@_ oswegony.org Posted in Wind Power Events Tagged: great lakes wind, Oswego NY wind [...] Posted on November 9, 2009 at 01:28 pm by rohdec12

From around the web: US Offshore Wind Collaborative releases "U.S. Offshore Wind Energy: A Path Forward" report. The report sums up New York offshore initiatives (pp. 12, 15) as follows: In September 2008, Long Island Power Authority (LIPA) and Consolidated Edison, Inc. (two New York-based utilities) initiated a joint study to determine suitable locations, wind energy [...] Posted on November 2, 2009 at 10:18 pm by rohdec12

From news sources: Wind developers protest NYS Public Service Commission (PSC) rules requiring transmission study for proposed projects over 80 MW. (Albany Times Union, 10/26). Related piece from WAMC radio, 10/26. PSC press release ("PSC Levels Renewable Energy Playing Field" in Case Number 09-E-0497). NYSERDA extends due dates for RFP 1613 (Project Implementation Funding for State Energy Program [...] Posted on October 27, 2009 at 11:18 pm by rohdec12

By Matt Simone In Broussard v. Hilcorp Energy Co., the Louisiana Supreme Court held that a plaintiff is not required, pursuant to Article 136 of the Louisiana Mineral Code, to provide a defendant with pre-suit written notice and an opportunity to perform prior to a judicial demand for property restoration related to oil and gas production contamination. Article 136 mandates these requirements for claims "arising from drainage of the property leased or from any other claim that the lessee has... Posted on October 23, 2009 at 01:11 pm

By April Rolen-Ogden In Comer v. Murphy Oil, the Fifth Circuit left open the possibility that the oil and gas industry may be privately sued for alleged contributions to global warming. In this putative class action lawsuit, Plaintiffs claimed that the defendants' operation of energy, fossil fuels, and chemical industries in the United States contributed to global warming. Plaintiffs further claimed that those contributions caused a rise in sea levels and added to the devastation wreaked by... Posted on October 22, 2009 at 11:06 am

The United States Supreme Court has denied the Petition for Certiorari filed by the United States Department of the Interior in Kerr-McGee Oil & Gas Corp. v. U.S. Dep't of the Interior, 554 F.3d 1082 (5th Cir. 2009). The high court's refusal to consider Interior's appeal allows the Fifth Circuit's January 2009 decision to stand. As explained in detail in the attached link ([www.liskow.com]), the Fifth Circuit held that the MMS had no authority to insert "price threshold" provisions into... Posted on October 5, 2009 at 02:52 pm

Governor Ted Kulongoski vetoed two bills passed by the 2009 Oregon Legislature that related to renewable energy. HB 2472b would have rolled back the Business Energy Tax Credit for large renewable energy projects by reducing the maximum available credit from 50% of eligible costs not to exceed $20 million, to 35% of eligible costs not to exceed $10 million. HB 2940b would have expanded the list of resources eligible for credit against the state's renewable portfolio standard by allowing... Posted on August 27, 2009 at 10:27 am by Tonkon Torp LLP

The U.S. Departments of Energy and the Treasury are accepting applications for a program that will make direct payments in lieu of tax credits to companies that create and place in service renewable energy facilities, under Section 1603 of the American Recovery and Reinvestment Act. The agencies estimate they will pay out at least $3 billion to approximately 5,000 bio-mass, solar, wind, and other types of renewable energy production facilities. Applications should be made as soon as possible as... Posted on August 24, 2009 at 09:51 am by Tonkon Torp LLP

The U.S. Department of Energy has funded a pilot program by eTec Corporation and Nissan North America to deploy up to 5,000 electric vehicles (EVs) in five U.S markets in 2010, including Portland and Seattle. Program participants will have the opportunity to buy new Nissan EV's at about the cost of an average family sedan, which are expected to be able to travel about 100 miles on a single charge. The federal money is part of a $2.4 billion program to fund battery research and manufacturing, EV... Posted on August 18, 2009 at 10:18 am by Tonkon Torp LLP