U.S. Fish & Wildlife Service Proposes Revisions to Mitigation Policy
U.S. Fish and Wildlife Service (the “Service”) recently proposed revisions to its Mitigation Policy, which has been in place since 1981. March 8, 2016 Fed. Reg. 12380 . The Mitigation Policy serves as “over-arching Service guidance applicable to all actions for which the Service has specific authority to recommend...
Maine Commission Reviews Non-Transmission Alternative Pilot Project; Opens New Docket to Appoint NTA Coordinator
Eight years ago, Central Maine Power (CMP), Maine's largest T&D utility, proposed the Maine Power Reliability Program (MPRP)—a comprehensive plan to upgrade transmission resources ensure reliable service to its customers throughout its service territory. As part of an agreement reached in that docket, a Non-Transmission Alternative (NTA) pilot project...
Maine Solar Bill Proposes to Expand Capacity Without Net Metering
On March 10, the Maine Legislature's Energy, Utilities & Technology Committee reported out a bill that is the culmination of the solar stakeholder process at the Public Utilities Commission (PUC). The bill sets a target of developing 248 MW of new solar capacity over a five-year period beginning in...
Vapor Intrusion Intruding on EPA’s Hazard Ranking System under CERCLA
Section 105(a)(8)(B) of CERCLA sets forth the outlines of the scoring system used by the U.S. Environmental Protection Agency (the “EPA”) Superfund program to assess and rank the potential and actual threat associated with sites across the country. The scoring system is known as the Hazard Ranking System (the...
Maine Supreme Judicial Court Affirms MPUC's Finding that Smart Meters Pose No Credible Health or Safety Threat
The Maine Supreme Judicial Court affirmed the Maine Public Utilities Commission’s decision that Central Maine Power Company’s advanced metering infrastructure (“AMI”) system (aka “smart meters”) pose no credible threat to the health and safety of Central Maine Power Company (“CMP”) customers. Friedman v. PUC, 2016 ME 19, — A.3d...
“The Rate Is What It Is”: Supreme Court Upholds FERC’s Demand Response Rule
At oral argument in FERC v. Electric Power Supply Association , the Government argued that the retail rate or price of electricity "is what it is"—exactly the amount charged to the customer, without considering any foregone benefits. On Monday, the Supreme Court agreed with that characterization and upheld FERC's...
EPA Releases 2015 Enforcement Statistics
As it does each year, the U.S. Environmental Protection Agency (the “EPA” or “Agency”) recently released its annual enforcement statistics for the past year . As the Agency has been saying throughout Administrator McCarthy’s tenure, it is focusing on high visibility enforcement with greater environmental (and financial) bang for...
USFWS Issues Expansive Final 4(d) Rule for Northern Long-Eared Bat
U.S. Fish & Wildlife Service (USFWS) issued its final rule under section 4(d) of the Endangered Species Act regarding conservation measures for the northern long-eared bat (the “Final 4(d) Rule”). The Final 4(d) Rule replaces the interim 4(d) rule issued in April, 2015 . The Final 4(d) Rule prohibits...
MPUC Approves Northern Utilities’ Targeted Area Build-Out Program
Northern Utilities (d/b/a Unitil) recently received Maine Public Utilities Commission approval for a pilot Targeted Area Build-Out (TAB) program in Saco, Maine. The purpose of Unitil's TAB program is to remove the barrier of large contribution in aid of construction (CIAC) payments that new gas customers face when converting...
Beyond Net Metering: Solar Stakeholders Seek Common Ground
Since September, solar stakeholders have been participating in regular work sessions at the Maine Public Utilities Commission (PUC) to develop an alternative to Maine’s current net metering rules. Net metering or “net energy billing” allows utility customers who also generate some of their own power (with solar panels, for...
Beyond Net Metering: Solar Stakeholders Seek Common Ground
Since September, solar stakeholders have been participating in regular work sessions at the Maine Public Utilities Commission (PUC) to develop an alternative to Maine's current net metering rules. Net metering or "net energy billing" allows utility customers who also generate some of their own power (with solar panels, for...
WOTUS Rule Saga Gets Weirder with EPA "Covert Propaganda"
The EPA rule attempting to clarify the scope of Clean Water Act jurisdiction took another gut punch when the Government Accountability Office found that the EPA's use of social media in connection with its rulemaking violated anti-lobbying laws . The rule in question attempts to define the term "waters...
Large-Scale Solar Having Its Moment in the Sun
Last week the Portland Press Herald reported that the Maine Public Utilities Commission will direct Maine’s transmission and distribution utilities to enter into a long-term contract with Dirigo Solar for the construction of up to 75 MW of new solar installations across the state. The Commission was especially pleased...
Large-Scale Solar Having Its Moment in the Sun
Last week the Portland Press Herald reported that the Maine Public Utilities Commission will direct Maine's transmission and distribution utilities to enter into a long-term contract with Dirigo Solar for the construction of up to 75 MW of new solar installations across the state. The Commission was especially pleased...
Divide in an Effort to Conquer: Petitioners ask Court to Bifurcate Challenge to Clean Power Plan
Some lawyers say there is no harm in piling on when adding causes of action to a law suit. Assuming the claims are defensible, this may be true. Opponents of the Environmental Protection Agency’s (“EPA” or “Agency”) Clean Power Plan (“Rule”), however, seem to believe that their suit chock-full...
Washington Post on Electric Vehicles: Coal Generates Electricity
Last week the Washington Post exposed electric cars’ dirty secret: they use electricity! The piece makes the astute point an electric vehicle (EV) is only as clean as the electricity that is used to power it. It is true that in many parts of the world that still heavily...
Washington Post on Electric Vehicles: Coal Generates Electricity
Last week the Washington Post exposed electric cars' dirty secret: they use electricity! The piece makes the astute point an electric vehicle (EV) is only as clean as the electricity that is used to power it. It is true that in many parts of the world that still heavily...
Coming Soon—Reporting Requirements: Phthalates and Formaldehyde
Attention distributors, manufacturers, and some retailers of children’s products sold into the State of Maine. The December 18, 2015 deadline to report the intentional use of formaldehyde and certain phthalates in children’s products sold into the State is less than a month away. The Department of Environmental Protection has...
SolarCity’s Antitrust Case Survives Motion to Dismiss
When the Salt River Project utility in Arizona decided to impose new charges for its customers with rooftop solar installations in February , it opened another front in the solar war being waged across the country. Normally, these fights play out before state administrative agencies tasked with setting utilities'...
Count ME In
Count Maine “in” as one of the 18 states filing a motion to intervene to defend the federal Environmental Protection Agency’s (“EPA” or “Agency”) Clean Power Plan (“Rule”). A coalition including 24 states wasted little time filing suit against the much-anticipated final Rule after it was posted in the...
U.S. Court of Appeals Invalidates Ballast Water Treatment Regulations & Vessel General Permit
On October 5, in the case of Natural Resources Defense Council v. U.S. EPA , the United States Court of Appeals for the Second Circuit invalidated the process USEPA used in promulgating its 2013 Vessel General Permit that sets that agency’s standards for discharges from merchant vessels under the...
Maine’s High Court Upholds Bangor Gas Rate Plan Ruling
In an opinion issued this August, the Law Court upheld a Maine Public Utilities Commission order approving a new rate plan for Bangor Gas Company, LLC. A principal issue before the Law Court was whether Bangor Gas should be entitled to recover in its natural gas delivery rates the...
Maine DEP Proposed Rule Changes
The Maine DEP is proposing changes to the rules affecting permitting of Site Law projects. The changes primarily involve requirements related to demonstrating adequate financial capacity to construct and operate the development. Additional changes are proposed that affect phased financing, long-term (generally more than ten years) construction projects, and...
EPA and States Locked in Funhouse Litigation over WOTUS Rule
Eighteen states that are suing the EPA and the Army Corps of Engineers to block the regulation attempting to identify jurisdictional waters of the United States under the Clean Water Act have filed a motion for a preliminary injunction with the U.S. Court of Appeals for the Sixth Circuit...
EPA WOTUS Rule Takes Effect in Most States - Or Does It?
The rule enacted by the EPA and the Army Corps of Engineers intended to clarify the scope of jurisdictional waters of the United States (often referred to as the WOTUS Rule or Clean Water Rule) was set to take effect on August 28. One day prior to that, a...
Welcome to the Club: Formaldehyde and Phthalates Now Priority Chemicals
Two new rules recently adopted by the Maine Department of Environmental Protection (“Maine DEP” or “the Department”) added formaldehyde and phthalates to the State’s list of Priority Chemicals. As of July 26, 2015, the Department now has the legal authority to regulate formaldehyde and four phthalates when they are...
30-Year BGEPA Take Permit Invalidated by Federal District Court
The U.S. District Court for the Northern District of California on Tuesday struck down a U.S. Fish and Wildlife Service regulation allowing issuance of 30-year take permits under the Bald and Golden Eagle Protection Act. The court's holding is a blow, albeit likely temporary, to wind power developers seeking...
USFWS Explores MBTA Incidental Take Permit
The U.S. Fish and Wildlife Service has announced that it is looking into the creation of an incidental take permitting program under the Migratory Bird Treaty Act. Currently the regulations under the MBTA only authorize incidental take for hunting ; military readiness ; scientific collection, falconry and other special...
Bold Words from World Leaders Boost EPA Clean Power Plan
The buzz word coming out of this week’s Group of Seven Summit (G7; formerly the G8, now sans Russia) in Germany was “decarbonisation.” (Yes, across the Pond they swap the “z” for an “s”.) In the first announcement of its type, leaders from the G7 nations agreed to a...
Three Bat Species Listed Under Maine Endangered Species Act
Upon recommendation from the Maine Department of Inland Fisheries and Wildlife, Governor Paul LePage signed a bill into law today listing three bat species under the Maine Endangered Species Act. The little brown bat and northern long-eared bat were listed as endangered, and the eastern small-footed bat was listed...
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