Blog Posts: Environmental and Energy Law Update
Visit the Full BlogThe Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements environmental, natural resource, and energy sectors.
Microgrids: The Next “Big” Thing?
There has been a lot of conversation lately about "microgrids." And, given the significant power outages experienced in Maine and the Northeast this past week due to extreme weather events, these conversations are bound to increase. But, what exactly are microgrids, and how can they help? Not everyone agrees...
Verrill Dana Co-hosts Fifth Annual Natural Gas Conference
On Thursday, September 28, Verrill Dana and Pierce Atwood co-hosted the 5th Annual Natural Gas Conference: Powering Maine's Future at The Woodlands in Falmouth, Maine. The conference kicked off with Keynote Speaker Governor Paul LePage who discussed the state of the natural gas industry in Maine and its potential...
New Priorities: DEP Adds Two Flame Retardants to Priority Chemicals List
The Maine Department of Environmental Protection (“DEP” or “the Department”) recently adopted a new regulation that adds two flame retardants to the State’s “Priority Chemicals” list. The regulation requires that manufacturers and distributers who intentionally add decabromodiphenyl ether (“deca BDE”) or hexabromocylododecane to “Children’s Products” report that activity to...
Hydropower Project Administrative Rules Update
The Department of Environmental Protection (DEP) Chapter 450 and Land Use Regulation Commission (LUPC) Chapter 11 regulations for hydropower projects have been updated . The new rules eliminate an inconsistency that existed between the license transfer provisions for hydropower and other environmental permits. Specifically, the revised rules apply the...
Clients Recognize Verrill Dana for Best Client Service in BTI Power Rankings 2017
Verrill Dana has been recognized for its unparalleled client relationships in the BTI Power Rankings 2017: The Law Firms with the Best Client Relationships in 18 Industries for the second year in a row. In the rankings, clients identified Verrill Dana as a Leading Core, Go-To Firm in Energy...
The Future of the Kennebunk Dams
On Thursday July 20 th , the Board of Selectmen for the Town of Kennebunk held a workshop to gather information regarding the Town's potential role in the future of three dams along the Mousam River in Kennebunk, Maine. The Board workshop was centered around a presentation prepared by...
“Untethered” Clean Energy Subsidies Survive Post-Hughes Preemption Challenges
Last year in Hughes v. Talen , the Supreme Court struck down a Maryland generator subsidy program, concluding that it had a direct impact on the wholesale energy auctions and was therefore preempted by the Federal Power Act (FPA). Broadly speaking, under the FPA, wholesale energy sales are federally...
The Future of the Kennebunk Dams
On Thursday July 20th, the Board of Selectmen for the Town of Kennebunk held a workshop to gather information regarding the Town’s potential role in the future of three dams along the Mousam River in Kennebunk, Maine. The Board workshop was centered around a presentation prepared by Verrill Dana...
Energy Startups: Opportunities, Challenges, & Considerations
In a presentation during Maine Startup & Create Week , Verrill Dana partner Jim Cohen , a utilities and energy lawyer with more than 25 years of experience, moderated a panel focused on the question, " How can tech disrupt energy? " With innovation and new technologies being developed...
How Can Tech Disrupt Energy?
On Wednesday, June 21, as part of Maine Startup & Create Week , Verrill Dana partner Jim Cohen , a utilities and energy lawyer for more than 25 years, will moderate a panel entitled " How Can Tech Disrupt Energy ?" Panelists include Ben Polito , president of Pika...
Batten Down the Hatches: FEMA Releases New Flood Maps for Cumberland and York Counties
Landowners in Maine’s two most populous counties should take heed: the Federal Emergency Management Agency (FEMA) prepares to roll-out updated preliminary flood insurance maps for Cumberland and York counties. FEMA announced Monday it plans to issue revised flood hazard maps on April 14. This is consistent with the state’s...
A New Model for Offshore Windpower?
According to an article in Maritime Executive, offshore renewable power developers are about to sign an agreement for the construction of islands in the middle of the North Sea as bases for offshore wind facilities. As the article states: “[t]he generated wind energy could then be distributed from the...
EPA Releases 2016 Enforcement Figures
This year marks the third annual post from this Blog highlighting EPA’s enforcement and compliance figures. And while this year’s data tells a number of interesting stories, no story is larger than the potential impact of the incoming Trump Administration on EPA’s enforcement figures in 2017. With that as...
2017 Maine Legislature to Consider a Variety of Energy Bills
On Friday, January 6, Maine Governor Paul LePage released his biennial general fund budget for 2018-19. The Governor's proposed biennial budget and briefing document can be found here . The main priority in the Budget is reducing Maine's top income tax rate from 10.15 percent to 7.15 percent this...
USCG Announces Ballast Water Management (BWM) Compliance Program Update
On December 2, 2016, the United States Coast Guard (USCG) issued its first Ballast Water Management System (BWMS) type-approval certificate, ushering in a new era in environmental compliance for companies operating commercial vessels with ballast water systems in U.S. waters (within 12 nautical miles). Based on public information about...
Maine PUC Proposes Net Metering Rule Changes
The PUC has issued a proposed rule that would change Maine's net metering compensation for rooftop solar (and other distributed generation). Under Maine's current rule, customers that generate power are given a credit equal to the full retail rate of electricity. The proposed rule would gradually reduce the portion...
Natural Gas: Where Do We Go From Here?
With cold weather approaching, natural gas production expected to rise and expansion projects underway, Verrill Dana and Pierce Atwood will host their fourth annual, Natural Gas: Where do we go from here? on Thursday, October 6 at The Woodlands in Falmouth, Maine. The all-day event, co-chaired by Verrill Dana...
D.C. Circuit Flips USFWS for Issuing ITP to Ohio Wind Power Project with 6 M/S Cut-in Speed
The U.S. Court of Appeals for the D.C. Circuit has invalidated the issuance by the U.S. Fish and Wildlife Service (USFWS) of an incidental take permit (ITP) under Section 10 of the Endangered Species Act for take of Indiana bats by the 100-turbine Buckeye Wind project in Ohio. The...
On Tap For Yuengling, Clean Water Act Penalties
Wastewater disposal for large breweries, mid-sized establishments, and even small craft brewers, remains a significant environmental and economic challenge. Recently, the oldest brewery in America received an unpleasant reminder of this fact. D.G. Yuengling and Sons, Inc. was issued a complaint from the U.S. Environmental Protection Agency (EPA) alleging...
Not Just for Rooftops: A Look at Community Solar in Maine
Much of the discussion around solar policy focuses on rooftop solar. While rooftop solar is an option for certain homeowners with suitable rooftops and some extra cash in the bank (or the ability to obtain financing), rooftop solar is not available to a large segment of the population. Community...
Verrill Dana Hosts E2Tech Networking Event
On Tuesday, July 26, more than a hundred professionals gathered outside in Verrill Dana's courtyard in Portland, Maine for the E2Tech Summer Networking Reception . Attendees included numerous area businesses, government officials, professionals, and non-profit leaders from across the state within the energy and environmental sectors. Verrill Dana partner...
Arbitration Award of $1.5 Million to Xpress Natural Gas, LLC Affirmed by Maine Supreme Judicial Court
Recently, the Maine Supreme Judicial Court affirmed an arbitrator's award of $1.5 million to Xpress Natural Gas, LLC. The court upheld the arbitrator's decision that Cate Street Capital Inc. was responsible for payments to Xpress Natural Gas that Cate Street's subsidiary, GNP Parent, LLC (formerly known as Great Northern...
4.4 MW Solar Facility to Provide Power for Madison Electric Works Customers
IGS Solar recently announced that Madison Electric Works will buy power from IGS's 4.4 MW solar array under a long-term contract. IGS will finance, own and operate the 4.4 megawatt generation facility, which will include more than more than 13,000 solar panels. MEW serves customers in Madison, Starks, Anson...
D.C. Circuit Remands BOEM Cape Wind Lease under NEPA and ESA, Punts on MBTA Challenge
The U.S. Court of Appeals for the D.C. Circuit has dealt another setback to the Cape Wind offshore wind power project by holding yesterday in Public Employees for Environmental Responsibilities v. Hopper that the Bureau of Ocean Energy Management (BOEM) and the U.S. Fish and Wildlife Service (USFWS) violated...
Seeking Competition Among the Uncompetitive: Maine PUC Must Define “Competitive” in Biomass Subsidy Proceeding
What makes a competitive bidding process "competitive"? The Maine PUC is currently grappling with this question in Docket No. 2016-00084 in which it is tasked with awarding contracts for up to 80MW of biomass generation. Under a new law, P.L. 2015, ch. 483 , the PUC must solicit bids...
Gray Areas for Green Labels: The Current State of Environmental Marketing
“Natural,” “green,” “sustainable,” “biodegradable,” – it seems like everywhere you look, from the big box stores to your local farmer’s market, products are being marketed for their environmental and healthful benefits. For a range of reasons, consumer demand for ecologically conscious or healthy products is exploding and the market...
Maine PUC Opens New Proceeding to Explore Changes to Net Metering Rules
On Tuesday, the PUC opened a new docket (2016-00120) requesting comments from interested stakeholders about the future of net metering (also known as "net energy billing"). In January, CMP notified the Commission that in 2015 net metering resources had exceeded 1% of CMP's peak demand, triggering PUC review under...
Maine PUC Opens Proceeding to Distribute RGGI Funds to Large Energy Consumers
The Maine Public Utilities Commission recently opened a new docket, 2016-00081, to process refunds to energy intensive manufacturers in Maine out of the fund created by the carbon cap and trade program under the Regional Greenhouse Gas Initiative (RGGI). Maine is one of nine New England/Mid-Atlantic states that participate...
After Solar Bill Fails to Muster Veto-Proof Support, PUC Will Decide Fate of Net Metering
Last Friday, the Maine House came within two votes of overriding Governor LePage's veto of LD 1649 , a bill that would have substantially increased installed solar capacity in Maine. The Senate had previously voted unanimously to override the veto. The bill would have sought to increase solar capacity...
Hughes v. Talen Energy: Supreme Court Strikes Down Maryland Generation Subsidy on Narrow Grounds
On Tuesday, the Supreme Court issued its decision (8-0) in Hughes v. Talen Energy striking down a Maryland program that encouraged additional in-state generation. Hughes is the second decision of the term, following FERC v. Electric Power Supply Association , in which the Court has struggled to clarify the...
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