The new regulation of the Polish Minister of Economy on electricity and heat generated from renewable sources of energy goes into effect at the beginning of 2013. The new regulation will increase the share of renewables in the production of electricity and heat ...
On October 15, 2012, Spilman Thomas & Battle, PLLC filed suit in the D.C. Circuit Court of Appeals on behalf of the Independent Petroleum Association of America (“IPAA”) and six other state-level oil and gas associations (PA, WV, OH, KY, IL, IN), (referred to herein as “the Associations”) challenging the U. S. Environmental Protection Agency’s (“EPA”) New Source Performance Standards (“NSPS”) promulgated for the oil and natural gas industry on August 16, 2012 ...
In Martin v. Hamblet, decided November 21, 2012, the West Virginia Supreme Court of Appeals determined that a surface owner may not appeal issuance of a well work permit by the Department of Environmental Protection for a shallow well targeting the Marcellus formation with a horizontal leg into the Marcellus ...
Enrique Peña Nieto, President-elect of Mexico, and his transition team, have stated in various forums the necessity of promoting a second generation energy reform (the “Reform”) that would have a direct impact on the manner in which the national oil industry operates, specifically “Petroleos Mexicanos” and its subsidiaries (“Pemex”) ...
On October 15, 2012, IOGA-WV, the Independent Petroleum Association of America (“IPAA”) and five other state-level oil and gas associations filed suit in the D.C. Circuit Court of Appeals challenging the U. S. Environmental Protection Agency’s (“EPA”) New Source Performance Standards (“NSPS”) promulgated for the oil and natural gas industry on August 16, 2012 ...
As Denmark is situated between the North Sea and the Baltic Sea, the prevailing weather conditions suggest that wind power should constitute a major part of the country's total power production. While onshore wind turbines have dominated the Danish landscape for decades, offshore wind turbine parks have been erected in Danish waters in recent years ...
Since 2009, the Alberta government has reserved for itself the right to exempt electricity transmission projects from review by the Alberta Utilities Commission. Exempted projects have been referred to as Bill 50 Projects, Bill 50 being the name of the law when it was first proposed ...
The Alberta Court of Appeal has denied the Cold Lake First Nations’ (CLFN) application to appeal a decision by Alberta’s Energy Resources Conservation Board (ERCB) that it did not have the jurisdiction to determine the adequacy of Crown consultation in respect of a bitumen recovery project within the CLFN’s treaty territory ...
Wind power offers Finland an attractive means to hit its renewable energy targets. It is estimated that by 2020 some 800 turbines will operate throughout the country, bringing 2,500 megawatts of production capacity. And there are plans for much more wind farms in the pipeline. While the Finnish wind power industry is still in its nascent stage, look for this to change in the near future ...
Despite being home to the first natural gas well in the United States, the State of New York has prohibited the use of hydraulic fracturing within its borders. Since the election of Governor Andrew Cuomo, the question in the oil and gas industry is whether he will lift the ban. Shortly after his election, Governor Cuomo tasked the Department of Environmental Conservation with drafting rules to allow for hydraulic fracturing ...
B.C. Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman refused to issue an Environmental Assessment Certificate (“EAC”) to Pacific Booker Minerals Inc. for its proposed Morrison Copper/Gold Mine project near Smithers, at the headwaters of the Skeena River ...
BackgroundIndustrial activities are of great importance to Europe’s financial wealth. Industrial emissions, however, cause environmental pollution and industrial emissions constitute a major part of Europe’s total emissions to air, water and soil. Consequently, there is a need for regulation of industrial operations at an EU level.In view hereof the so-called IPPC Directive (Integrated Pollution Prevention Control) was adopted in 1996 ...
Even a cursory review of relevant news stories today reveals that hydraulic fracturing (“fracking”) is one of the most hotly debated subjects in the energy sector. Both environmentalists and regulators are keeping concerns about fracking at the forefront of their agendas. Since late May of this year, there have been a number of key legal developments related to the issue that merit the attention of the oil and gas industry ...
On June 27, 2012, the British Columbia court of appeal issued its highly anticipated decision in the case WILLIAM V. BRITISH COLUMBIA ...
As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) Partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas (GHG) emitters ...
Obtaining necessary regulatory approvals for a wind project does not mean that opponents won’t stand in the way of development. Wind development takes years of work. Locations must be evaluated and sites eventually selected. In addition, experts must prepare reports examining every aspect of the wind farm and its impact on the surrounding area, including sound impact stud- ies, compliance analyses and wildlife assessments ...
On August 29, 2012 the German Federal Cabinet (Bundeskabinett) has passed a draft “Third Bill regarding new Energy Law Regulations” (Drittes Gesetz zur Neuregelung energierechtlicher Vorschriften). Such draft bill shall accelerate the further development of German offshore wind energy ...
Despite the Commonwealth Court's recent decision striking down Act 13’s limits on municipalities enacting zoning ordinances more restrictive than the state’s uniform requirements, the Pennsylvania Public Utility Commission ("PUC") has begun enforcement of Act 13's impact fee provisions. Specifically, the PUC has started to review some municipalities' ordinances that seek to regulate drilling activity ...
The 2011 drought caused record-breaking conditions throughout much of Texas. Farmers, ranchers, and others whose livelihoods depend on reliable sources of water are feeling the effects of the water shortage first-hand. Aside from being subject to locally imposed water-use restrictions, ordinary residents have also noticed receding water levels in Texas lakes, rivers and streams. Unfortunately, Texas’ water problems are not expected to improve any time soon ...
Just before Christmas 2011, the government presented a gift to the Polish energy sector in the form of a longawaited package of proposed new energy legislation, including a new Energy Law, the Gas Law and the Renewable Energy Sources Act ...
There have been two important developments in British Columbia’s wind energy sector in June. The first was the release of BC Hydro’s Draft Integrated Resource Plan (Draft IRP) for public consultation. The Draft IRP recommends building new clean generation resources to ensure sufficient future capacity within the system ...
On July 26, 2012, the Pennsylvania Commonwealth Court issued its decision in Robinson Township, et al. v. Commonwealth of Pennsylvania, involving the challenge brought by seven townships and boroughs to the Act 13 provision preempting local regulation involving oil and gas operations, codified at 58 Pa. C.S. Section 3304 ...
On July 2, 2012, the North Carolina Senate and House of Representatives voted to override Governor Perdue’s veto of Senate Bill 820, known as the Clean Energy and Economic Security Act (the “Act”), legalizing hydraulic fracturing and horizontal drilling within the State but delaying permitting until the General Assembly takes additional legislative action to allow it ...
Pursuant to statutory changes enacted in its 2011 Sunset Review, the TCEQ has created a website that allows companies and persons subject to its regulations to review the agency’s proposed compliance history rating, for a 30-day period prior to that rating being made available to the public ...
In what has been described as a “sweeping victory” for the U.S. Environmental Protection Agency the United States Court of Appeals for the District of Columbia Circuit issued a decision on June 26, 2012 in lawsuits that challenged various aspects of the Agency’s regulatory scheme for greenhouse gases (GHGs). EPA’s challenged actions stem from a decision by the U. S. Supreme Court in 2007 in the case of Massachusetts v ...
