Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Category Archives: Sustainability

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Washington State Aims for 100% Clean Electricity

Posted in Sustainability
The Washington State Legislature is completing work on major legislation that would require the state’s electric utilities to eliminate all greenhouse gas emissions from their generating fleet within the next quarter century.  Governor Jay Inslee, who is making climate change the focus of his recently-launched Presidential campaign, would undoubtedly sign the legislation with enthusiasm. The… Continue Reading

Energy Efficiency Resource Advocates Challenge ISO-New England Attempt to Reduce Compensation

Posted in FERC, Sustainability
Energy efficiency resource advocates recently petitioned FERC to block an attempt by the ISO New England to reduce the compensation paid for energy efficiency in its Forward Capacity Auctions. Advanced Energy Economy and Sustainable FERC Project, FERC Docket No. EL19-43-000, Petition for Declaratory Order filed Feb. 13, 2019. Energy efficiency resources are products such as… Continue Reading

Dumpster Dives, Investigations and Penalties

Posted in California, Sustainability
What you put in the trash can cost you a fortune. Regulators are increasingly interested in companies’ disposal practices and are initiating investigations and enforcement actions. The “dumpster dives” form the basis of a steady stream of income for the State of California and various District Attorneys. Today, the California Attorney General and Alameda District… Continue Reading

US Supreme Court Nixes EPA Regulations on Mercury Emissions – Must Consider Costs Early!

Posted in EPA, Rulemakings, Sustainability
In Michigan v. EPA, the U. S. Supreme Court invalidated EPA’s rules limiting emissions of mercury and other pollutants from power plants, ruling that EPA inappropriately ignored the costs of regulation – particularly compliance costs – when it decided it should regulate these emissions from power plants.  The June 29, 5-4 decision chastises EPA for… Continue Reading

Migratory Bird Treaty Act Concerns Extend to Solar Plants

Posted in California, Federal, Land Use, Natural Resources, Sustainability
By Gerald George The Migratory Bird Treaty Act (MBTA) has a famously broad scope, outlawing the taking of over 1000 species of birds, ranging from hummingbirds to robins and crows. It is also a criminal statute, although most violations are treated as misdemeanors subject to (not-insubstantial) fines.  Enforcement of the statute has been criticized as… Continue Reading

Oregon’s Integrated Water Resources Strategy explores relationships between water and land use regulation

Posted in Land Use, Natural Resources, Northwest, Sustainability, Water Law
The Oregon Water Resources Department (“WRD”) recently released what WRD hopes will be the final draft of Oregon’s strategy to manage the state’s water resources. The 2009 Oregon Legislature required WRD to develop an “Integrated Water Resources Strategy” (“IWRS”) to protect water quality and ensure adequate water supplies. The IWRS seeks to promote better coordination among… Continue Reading

Washington Opens Door to Environmental Sustainability as a Corporate Social Purpose

Posted in Northwest, Sustainability
Starting June 7, 2012, Washington state will recognize a new form of for-profit corporation, the social purpose corporation.   The social purpose corporation will be able to incorporate one or more broader goals of social responsibility into its DNA in addition to its pursuit of profits and the creation of economic value for its shareholders.  Clean… Continue Reading