Your path: Home) Archive Page) Subjects) Topics) Energy and Power Bills and Legislation June 2010: Six West Coast Senators Propose Ban on Pacific Offshore Oil Drilling July 2009: House Energy and Commerce Committee Acts on Waxman-Markey Greenhouse Gas Bill April 2009: National Water Use Meets Energy Trade-offs and a Call for Water Census by Congress Biodiesel Fuels August 2008: Biodiesel Regulation: Are We Stifling Innovation? Biomass Energy July 2010: EPA’s Final Greenhouse Gas Rule Requires Biomass Facilities to Obtain Permits for their CO2 Emissions November 2009: The Biomass Crop Assistance Program Makes First Matching Payments for Collection, Harvest, Storage and Transportation of Renewable Biomass Bonneville Power Administration October 2003: Ninth Circuit Rejects Challenges to Actions—and Inactions—of the Pacific Northwest’s Bonneville Power Administration Confederated Tribes of the Umatilla Indian Reservation v. Bonneville Power Administration ___F.3d___, Case Nos. 01-71735, 01-71740 (9th Cir. Sept. 2, 2003). California Desert Renewable Energy Conservation Plan July 2009: Clearing Up Red Tape for Green Projects: California Proposes Streamlined Endangered Species Permitting for Renewable Energy Projects California Environmental Quality Act October 2003: California Energy Commission’s Decision to Approve a Power Plant Did Not Become Ripe for Judicial Challenge Until 30 Days after the Decision Was Filed with Its Docket Unit Figueroa v. California Energy Com 110 Cal.App.4th 1115 (4th Dist. 2003.) October 2001: Does California's Energy Crisis Create Additional Burdens For Developers and Public Agencies under the California Environmental Quality Act? California Reformulated Gasoline May 2009: Putting the Transportation Sector on a Low-Carbon Diet: California’s Experience with Developing a Low Carbon Fuel Standard California Reformulated Gasoline Blendstock for Oxengenate Blending May 2009: Putting the Transportation Sector on a Low-Carbon Diet: California’s Experience with Developing a Low Carbon Fuel Standard California Renewable Portfolio Standard July 2009: Clearing Up Red Tape for Green Projects: California Proposes Streamlined Endangered Species Permitting for Renewable Energy Projects Clean Air Act February 2009: District Court Adopts Equitable Tolling for Statute of Limitations—Clarifies Prevention of Significant Deterioration Test in Clean Air Act Claims Pennsylvania Department of Environmental Protection v. Allegheny Energy, Inc., ___F.Supp.2d___ 02:05cv885 (W.D. Pa. Nov. 18, 2008) September 2005: District Court Finds Allegation of Ongoing Violation Is Not Specific Enough to Bring Citizen Suit under the Clean Air Act Freeman v. Cincinnati Gas & Electric Company, Case ___F.Supp.2d___ C-1-04-781 (S.D. Ohio July 18, 2005) August 2005: Federal Official’s Failure to Follow Procedural Requirements under the Clean Air Act Resulted in an Erroneous Issuance of a Construction Permit National Parks Conservation Association, et al v. Craig Manson, ___F.3d___ 04-5327 (D.C. Cir. July 1, 2005) April 2005: New Source Review Reloaded: Are We Witnessing the Return of EPA’s Aggressive Preconstruction Permitting Enforcement Initiative Clean Water Act August 2008: Columbia and Snake River Basin Salmon Litigation Likely to Begin Anew February 2008: Sixth District Court Upholds State Water Resources Control Board’s Issuance of NPDES Permit for Cooling Water Intake Structure Voices of the Wetlands v. California State Water Resources Control Board, 157 Cal.App.4th 1268 (6th Dist. 2007) May 2006: NPDES Permit Applicants Not Entitled to a Formal Evidentiary Hearing by EPA under the Clean Water Act Dominion Energy Brayton Point, LLC v. Johnson, ___F.3d___ 05-2231 (1st Cir. Mar. 30, 2006) April 2005: Supreme Judicial Court of Maine Holds that the Passing of Pollutants through a Hydroelectric Dam Constitutes a “Discharge” under the Clean Water Act S.D. Warren Company v. Maine Board of Environmental Protection Cum-04-314 (Maine Feb. 15, 2005) April 2004: Second Circuit Rules on Regulation to Limit Environmental Impacts from Power Plants and Industrial Facilities Riverkeeper, Inc. v. Environmental Protection Agency 358 F.3d 174 (2d Cir. 2004). Coal Gasification June 2010: District Court Holds Corps’ Decision to Limit Project Analysis to Waters Subject to the Clean Water Act Is Entitled to Deference Natural Resources Defense Council, Inc. v. U.S. Army Corps of Engineers, ___F.Supp.2d___ 1:09 CV 588 (N.D. Ohio 2010) April 2008: District Court Holds Plaintiff’s Nuisance Claim Does Not Violate the Burford and Primary Jurisdiction Doctrines Corvello v. New England Gas Company, ___F.Supp.2d___ 05-221T, 05-274T, 05-370T, 05-522T (D. R.I. Jan. 30, 2008) Coal Power Generated Electricity August 2010: District Court Denies Motion for Partial Summary Judgment in Suit against TVA Due to Discretionary Function Doctrine Crichton v. Tennessee Valley Authority, ___F.Supp.2d___ 3:09-CV-592 (E.D. Tenn. June 15, 2010) August 2010: EPA Publishes Coal Ash Regulations July 2010: Virginia State Court of Appeals Upholds Decision to Issue Permit for Coal-Fired Power Plant Appalachian Voices, et al. v. Virginia State Air Pollution Control Board, et al. 2199-09-2, 2010 (Va.  App. May 25, 2010) May 2010: Prior Plant Owner’s Failure to Obtain Preconstruction Permits Does Not Expose New Owner to the Clean Air Act PSD Requirement Liability U.S. and Citizens Against Ruining The Environment v. Midwest Generation, LLC, ___F.Supp.2d___ 09-cv-5277 (N.D. Ill. March 9, 2010) May 2010: Maryland Sues to Stop Coal Ash Pollution of Ground and Surface Waters November 2009: Argent Communications Group Launches Floodplain Management & Liability Reporter November 2009: Georgia Supreme Court Let’s Stand Longleaf Decision Striking Down Co2 Emissions Limits for New Coal-Fired Power Plant Friends of the Chattahoochee et al. v. Longleaf Energy Associates S09C1879, review denied (Ga. Sept. 28, 2009) July 2009: Lawsuit Seeks to Invalidate New York’s RGGI Regulations June 2009: District Court Decides Clean Air Act Claims Were Barred by Statute of Limitations and Concurrent Remedy Doctrine Sierra Club v. Otter Tail Corp., ___ F.Supp.2d ___ 1:2008cv01012 (D. S.D. April 6, 2009) April 2009: Fourth Circuit Reverses District Court Rescission of CWA 404 Permits to Allow Filling of State Waters In Conjunction with Area Surface Coal Mining Operations Sierra Club v. U.S. Environmental Protection Agency, ___F.3d___ 07-4485, (6th Cir. Feb. 26, 2009) March 2009: District Court Holds Emissions from TVA’s Coal-Fired Plants in Alabama and Tennessee Are a Public Nuisance to North Carolina State of North Carolina v. Tennessee Valley Authority, ___F.Supp.2d___ 1:06CV20 (W.D. N.C. Jan. 13, 2009) November 2008: Eleventh Circuit Finds EPA Acted within Its Discretion in Not Opposing a Title V Permit for Coal Fired Power Plants Sierra Club v. Johnson, ___F.3d___ 07-11537 (11th Cir. Sept. 2, 2008) November 2008: New York State Attorney General Reaches Groundbreaking Settlement of Disclosure Claims against Major Coal-Fired Power Producer October 2008: New York State Attorney General Reaches Groundbreaking Settlement of Disclosure Claims Against Major Coal-Fired Power Producer July 2008: Kansas Takes on Climate Change with Veto of ‘Coal Legislation’ and Formation of Advisory Group January 2007: Utah Supreme Court Clarifies Stance on Standing, Grants Sierra Club Standing to Challenge Power Plant Construction Permit Utah Chapter of the Sierra Club v. Utah Air Quality Board & Sevier Power Co., ___ P.3d ___ 20050455 (Utah Nov. 21, 2006) Coal Slurry Storage August 2010: EPA Publishes Coal Ash Regulations July 2009: West Virginia Agency Halts New Underground Injection of Coal Slurry in State Coalbed Methane Extraction August 2007: Colorado Water Court Rules Produced Water from Coalbed Methane Extraction Subject to Prior Appropriation Doctrine and State Administration Vance v. Simpson 05CW063, (Colorado District Court, Water Division 7, July 2, 2007) Cooling Water July 2010: State Water Resources Control Board Adopts Policy to Phase Out Once- Through Cooling Systems at 19 Coastal and Estuarine Power Plants Cushman Project May 2005: The 75-Year Litigation over the Cushman Hydroelectric Project: Ninth Circuit Dismisses Skokomish Tribe’s Damages Claims against the United States and City of Tacoma Skokomish Indian Tribe v. United States, ___F.3d___ 01-35028 (9th Cir. March 9, 2005) Direct Access Agreements May 2002: California Public Utilities Commission Affirms September 20, 2001 Date for Suspension of Direct Access Agreements Endangered Species August 2008: Columbia and Snake River Basin Salmon Litigation Likely to Begin Anew October 2006: U.S. Bureau of Reclamation Settles Claims by Environmental Groups Regarding Impacts of Colorado River’s Glen Canyon Dam Operations on Native Fish Species CIV 06-494, settlement agreement reached Aug. 25, 2006 (D. Ariz.) Center for Biological Diversity v. U.S. Bureau of Reclamation November 2005: District Court in Oregon Raises Possibility of Dam Breaching in Its Opinion and Order of Remand on Columbia River Biological Opinion National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) August 2005: District Court in Oregon Addresses Endangered Species Act Consultations Regarding Hydroelectric Power Reservoirs National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) October 2003: Ninth Circuit Rejects Challenges to Actions—and Inactions—of the Pacific Northwest’s Bonneville Power Administration Confederated Tribes of the Umatilla Indian Reservation v. Bonneville Power Administration ___F.3d___, Case Nos. 01-71735, 01-71740 (9th Cir. Sept. 2, 2003). April 2001: Hydropower in the West: The Impact of Environmental Regulations Energy Efficiency Investment Plans March 2010: New Energy Standards Set By Massachusetts to Implement the Green Communities Act Energy Policy Act July 2008: Environmental Groups File Challenge to Department of Energy’s Tax Credit Allocation to Coal Based Energy Projects Appalachian Voices, et al., vs. Bodman, et al. 1:2008cv00380, filed, March 3, 2008 (D. D.C.) Federal Columbia River Power System May 2008: Idaho Irrigators and Water Users Cautiously Optimistic Regarding Recent Salmon Recovery Settlements National Wildlife Federation v. National Marine Fisheries Service CV-01-00640-RE (D. Or.) November 2006: Federal District Judge Implicates Idaho Stored Water Supplies in Sharply Worded Remand Order Overseeing Salmon Recovery Efforts American Rivers v. NOAA Fisheries, et al., ___ F.Supp.2d___ CV 04-00061-RE (D. Or. Sept. 26, 2006) November 2005: District Court in Oregon Raises Possibility of Dam Breaching in Its Opinion and Order of Remand on Columbia River Biological Opinion National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) August 2005: District Court in Oregon Addresses Endangered Species Act Consultations Regarding Hydroelectric Power Reservoirs National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) March 2004: Oregon: Endangered Species Act Issues Impacting Water Supply Feed In Tariff Policies August 2010: Oregon PUC Rolls Out Residential Solar Incentives Pilot Program General May 2001: California: Water Supplies for 2001 — Current Forecasts For Central Valley Project and State Water Project Deliveries and Potential Impacts on Power Supplies Geothermal Energy March 2010: Geothermal Project to Receive 800 Acre-Feet of Water from Imperial Irrigation District April 2009: U.S. Bureau of Land Management Issues a ROD and Amendment of Resource Management Plans for Geothermal Leasing in the Western United States January 2007: Ninth Circuit Blocks Energy Development on Federal Land of Significance to Indian Tribe Because Federal Agencies Failed to Take ‘Hard Look’ at Project’s Impact Pit River Tribe, et al. v. U.S. Forest Service, et al. ___F.3d___ 04-15746 (9th Cir. Nov. 6, 2006) Greenhouse Gas Emissions November 2009: Second Circuit’s Reversal in American Electric Power Allows Common Law Climate Change Litigation to Proceed Connecticut v. American Electric Power Co., ___F.3d___ 05-5104-CV & 05-5119-CV (2nd Cir. Sept. 21, 2009) Hell's Canyon Complex January 2006: Decreasing Stream Flows and FERC Relicensing Uncertainties Threaten Idaho Power Company’s Hydroelectric Generation Capacity April 2006: NOAA Fisheries Decides Not to Require Fish Passage During Hells Canyon Relicensing Hermosa Beach March 2001: Second District Protects the Right of the Voters To Nullify Public Land-Use Contracts that Would Harm the Public Health and Safety Hermosa Beach Stop Oil Coalition,et al.,v.City of Hermosa Beach et al. ___Cal.App.4th___,No.B138557 (2nd Dist. Jan. 24, 2001) High Voltage Electricity Transmission Lines January 2007: Fifth Appellate District Reverses Denial of Motion to Tax $33,000 Cost Award for Preparation of CEQA Record Wagner Farms, Inc. v. Modesto Irrigation District, ___Cal. App. 4th____ F049966 (5th Dist. Dec. 6, 2006) Hydroelectric Power February 2010: District Court Allows Citizen Suit under Clean Water Act where Permit Not Modified by Consent Decree, Denies Claims Discharged in Bankruptcy Riverkeeper, Inc. v. Mirant Lovett, LLC, ___F. Supp.2d___ 05-CV-2792(CS) (S.D. N.Y. Dec. 15, 2009) November 2009: U.S. EPA to Revise Rules for Wastewater Discharges from Coal-Fired Power Plants October 2009: Sacramento Superior Court Issues Tentative Decision in State Water Project Hyatt-Thermalito Litigation Alameda County Flood Control et al. v. State of California, et al 05AS01775, tentative decision, (Sacramento Cty Super. Ct. Aug 21, 2009) October 2009: Tenth Circuit Clarifies Private Party’s Right to Develop Hydro-Power on Reclamation Project Facilities and the Bureau’s Role in,Change Applications Strawberry Water Users Assoc. v. Salazar, ___F.3d___ 07-4172 (10th Cir. Aug. 12, 2009) August 2009: Massachusetts State Land Court Holds Transfer of Water Withdrawal Rights Effective for Hydroelectric Dam Company Pacific Mills Acquisition v. Essex Company 298282 (Mass.Land Ct. June 29, 2009) May 2009: The American Recovery and Reinvestment Act: Tipping Point for America’s Crumbling Wastewater and Drinking Water Infrastructure? May 2009: Back to the Future: Traverse City, Michigan Area Dams to Be Dismantled April 2009: New York Appellate Division Remands Case Because It Found Purchase Agreements for Contiguous Parcels Were Ambiguous as to Boundaries and Hydro-Electric Easement Jordan v. Vogel 59 A.D.3d 919 (N.Y.App.Div. Feb. 26, 2009) March 2009: State Court Finds N.Y. DEC Has Jurisdiction to Issue Water Quality Permit Despite Preemption for Hydroelectric Dams Operated under FERC Chasm Hydro, Inc. v. New York State Department of Environmental Conservation 2009 N.Y. Slip Op. 00481 (N.Y.App.Div. Jan. 29, 2009) February 2009: First Circuit Denies Hydroelectric Operator’s Petition to Review Stay of Order Granting New Operating License where State Rescinded CWA Water Quality Certification FPL Energy Maine Hydro LLC v. Federal Energy Regulatory Commission, ___F.3d___ 05-1871 (1st Cir. Dec. 23, 2008) January 2009: PacifiCorp, Department of the Interior, and States Sign Nonbinding Agreement to Consider Removal of Four Klamath River Dams January 2009: Kentucky Releases Its First-Ever Comprehensive Energy Plan January 2009: Idaho Canal Companies Seek Administrative Appeal of Hydropower Subordination Decision August 2008: Columbia and Snake River Basin Salmon Litigation Likely to Begin Anew June 2008: D.C. Circuit Confirms Federal Energy Regulatory Commission Acted Reasonably under Clean Water Act/NEPA Regarding Discharge Pipe and Seawall Duncan’s Point Lot Owners Association Inc. v. Federal Energy Regulatory Commission, ___F.3d___ 05-1421, 06-1157, 06-1325, (D.C. Cir. April 15, 2008) June 2008: Third District Court Holds Irrigation District Could Not Depose LAFCO Commissioners to Discover Information Relating to the Commission’s Denial of Its Application San Joaquin Local Agency Formation Commission v. Superior Court of San Joaquin County, ___Cal.App.4th__ _ C056463 (3rd Dist. April 22, 2008) May 2008: Klamath Basin Restoration Agreement: An Attempt to Realize the Goals of the Fifty-Year-Old Klamath River Compact January 2008: FERC Staff Recommend Retaining Four Controversial Dams on the Klamath Hydroelectric Project July 2007: Idaho Power Company Sues to Enforce the Landmark Swan Falls Agreement Idaho Power Company v. State of Idaho, et al., In Re Snake River Basin Adjudiction 39576, complaint filed, May 10, 2007 January 2006: Decreasing Stream Flows and FERC Relicensing Uncertainties Threaten Idaho Power Company’s Hydroelectric Generation Capacity November 2006: FERC Klamath Hydropower Relicensing: Administrative Law Judge Ruling May Result in Fish Ladders or Affect Future of Dams In the Matter of Klamath Hydroelectric Project (License Applicant PacifiCorp.) 2006-NMFS-0001 November 2006: Did the D.C. Circuit Strike a Knockout Punch to the Hydroelectric Power Industry? City of Tacoma v. Federal Energy Regulatory Commission, ___F.3d___ 05-1054 (D.C. Cir. Aug. 22, 2006) June 2006: U.S. Supreme Court Holds that a Dam Raises the Potential for Discharge; State Certification of Compliance with Clean Water Act Is Required S.D. Warren Co. v. Maine Board of Environmental Protection, ___U.S.___ 04-1527 (U.S. May 15, 2006) June 2006: Relicensing the Oroville Project: The Long and Winding Road to a Federal Hydropower License April 2006: NOAA Fisheries Decides Not to Require Fish Passage During Hells Canyon Relicensing April 2006: U.S. Supreme Court Hears Argument on the Regulation of Dams Under Clean Water Act S.D. Warren Company v. Maine Dept. of Environmental Protection, S.Ct 04-1527 April 2006: aaa aaa aaa March 2006: Placer County and Placer County Water Agency Agree to Formation of Joint Powers Agency to Manage Middle Fork Project February 2006: D.C. Circuit Court Denies Petition for Review Resulting in Partial Removal of Project Dam Save Our Sebasticook v. Federal Energy Regulatory Commission, ___F.3d.___ 04-1221, (D.C. Cir. Dec. 9, 2005) January 2006: Federal Resource Agencies Issue FERC Hydropower License Rules under Section 241 of the 2005 Energy Policy Act 70 Fed. Reg. 69804 (Nov. 17, 2005) November 2005: District Court in Oregon Raises Possibility of Dam Breaching in Its Opinion and Order of Remand on Columbia River Biological Opinion National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) October 2005: Judge orders Los Angeles Department of Water and Power to Restore Section of the Lower Owens River Sierra Club et al. v. City of Los Angeles SICVCV-01-29768 (Inyo Co. Super. Ct. July 25, 2005) August 2005: District Court in Oregon Addresses Endangered Species Act Consultations Regarding Hydroelectric Power Reservoirs National Wildlife Federation v. National Marine Fisheries Service, ___F.Supp.2d___ CV 01-640-RE (D. Or. 2005) July 2005: Endangered Species Act Suit Challenges FERC Operation of Hydropower Project on Feather River System California Sportfishing Protection Alliance v. Federal Energy Regulatory Commission 05-73064, filed May 18, 2005 (9th Cir.) June 2005: Judge Says Statute of Limitations Bars Tribe’s Claims for Compensation for Alleged Damages Sustained to Tribal Fishing Rights Klamath Tribes of Oregon v. PacifiCorp, ___F.Supp.2d___ 04 – 644 – CO (D. Or. April 21, 2005) March 2005: California Department of Water Resources Files for Relicensing of Oroville Facilities March 2005: WASHINGTON: Interstate and International Water Issues March 2005: OREGON: Interstate and International Water Issues November 2004: Study by Environmental Defense Revitalizes Debate over O’Shaughnessy Dam and Restoration of Hetch Hetchy Valley November 2004: State Water Resources Control Board Adopts Water Rights and Water Quality Fee Schedules for 2004-2005 State Water Resources Control Board 20004-0061 (Amending Cal. Code Regs., tit. 23, div. 3) November 2004: Ninth Circuit Holds that Army Corps’ Record of Consultation and Statement of Decision for Dam Operation Is Not in Violation of the Administrative Procedures Act National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___ 0335235p (9th Cir. Oct. 4, 2004) October 2004: River Plan for the Relicensing of Hydroelectric Facilities Meets Opposition from Lake Almanor Community August 2004: Federal Energy Regulatory Commission Affirms Order Benefiting Eel River Salmon July 2004: Relicensing Oroville Dam—The Next 50 Years. June 2004: Collaboration Between Pacific Gas & Electric and Feather River Stakeholders Produces Agreement on FERC Relicensing Proposal. June 2004: Hydroelectric Project Reauthorization in Oregon—A Unique State Model for Integrating with Federal Relicensing. March 2004: El Dorado County Water Agency and El Dorado Irrigation District Reach Settlement with the League to Save Sierra Lakes and others over the Operation of Lakes. January 2004: Utah Supreme Court Finds that Contract Reaffirms Overriding Principle of Beneficial Use of Water in Contract Dispute between Water Users Green River Canal Company v. Thayn Case No. 20010357, 2003 UT 50, (Ut. Nov. 7, 2003). October 2003: Ninth Circuit Rejects Challenges to Actions—and Inactions—of the Pacific Northwest’s Bonneville Power Administration Confederated Tribes of the Umatilla Indian Reservation v. Bonneville Power Administration ___F.3d___, Case Nos. 01-71735, 01-71740 (9th Cir. Sept. 2, 2003). February 2003: Ninth Circuit Upholds FERC Issuance of Annual License Absent State Water Quality Certification California Trout, Inc. v. Federal Energy Regulatory Commission ___F.3d___, Case No. 01-70787 (9th Cir. Dec. 16, 2002) December 2002: Rice Farmers Demand Water Temperature Issues Be Addressed During Federal Energy Regulatory Commission Re-Licensing Process November 2002: State Decisions: Washington State Supreme Court's "Sullivan Creek" Decision Applies Clean Water Act § 401 Certification Decision in Elkhorn to Existing State Water Rights PUD No. 1 of Pend Oreille County v. Ecology, (Wa. July 18, 2002) June 2002: State Legislature Considers SB 2078, which Would Promote Interests of White-water Rafters April 2001: Preliminary Permit Issued for Lake Elsinore Hydroelectric Power Plant February 2001: Hydroelectric Power Plant Proposed for Lake Elsinore Injection Well Drilling June 2010: News from the West Landlord and Tenant June 2004: Ninth Circuit Holds That a Statute Which Caps the Amount of Rent That Oil Companies May Charge Dealers Constitutes a Regulatory Taking under the Fifth Amendment. Chevron USA, Inc. v. Bronster,363 F.3d 846 (9th Cir. 2004). Liquefied Natural Gas February 2010: Fourth Circuit Rejects Maryland’s Sovereign Immunity Claim for Liquefied Natural Gas Project Involving the Clean Water Act and Discharges into Navigable Waters AES Sparrows Point LNG, LLC; Mid-Atlantic Express, LLC, v. Shari T. Wilson, Secretary of the Maryland Department of the Environment, ___F.3d___ 09-1539 (4th Cir. Dec. 22, 2009) Manufactured Gas Plants August 2008: First Circuit Holds Owned-Property Exclusion Does Not Prohibit Recovery under Insurance Policy for Remediation where Contamination Is Migrating Off-Site Boston Gas Company v. Century Indemnity Company, ___F.3d___ 07-1452 (1st Cir. June 10, 2008) Methane Power Generation August 2010: Vermont Enacts Renewable Energy Law Natural Gas Production May 2009: D.C. Circuit finds Delaware Lacked Standing to Oppose FERC Order that Did Not Authorize Project Absent State Approval Delaware Department of Natural Resources and Environmental Control v. Federal Energy Regulatory Commission, ___F.3d___ 07-1007 (D.C. Cir. March 13, 2009) November 2007: Coalition of Water Districts Files Intent to Power Plants in Suisun Bay and to Federal Government for Taking Listed Fish July 2004: First District Court Finds CEQA Is Not Implicated in Issuance of Federal Power Plant Permit. City of Morgan Hill v. Bay Area Air Quality Management Dist., ___Cal.App.4th___ A102518 (1st Dist. May 14, 2004 ). Nuclear Power Generation February 2010: Second Circuit Upholds Nuclear Regulatory Commission’s Ruling Finding Low Fire Risk for Spent Fuel Storage State of New York v. U.S. Nuclear Regulatory Commission, ___F.3d___ 08-3903, 08-4833, 08-5571 (2nd Cir. Dec. 21, 2009) January 2009: Kentucky Releases Its First-Ever Comprehensive Energy Plan April 2008: aaa aaa aaa Offshore Oil Drilling June 2010: Six West Coast Senators Propose Ban on Pacific Offshore Oil Drilling February 2009: U.S. Minerals Management Service Considers Oil Drilling Off Virginia Coast February 2003: Suspension of Oil Leases Off California's Coast Subject to Review under the State's Coastal Zone Management Act - United States Failed to Comply with the National Environmental Policy Act State of California v. Norton 311 F.3d 1162 (9th Cir. Dec. 2, 2002). March 2002: Norton Announces Two Bush Administrative Proposals: Budget Increase of $56.5 Million for Wildlife Refuge Funding—Decision to Move Forward on California Offshore Oil Leases Oil Pipelines November 2007: News from the West Oxygenates October 2001: Governor Davis and Air Resources Board File Suit Seeking Waiver of EPA-Mandated Use of Oxygenates. Davis v. EPA Case No. 01-71356, filed Aug. 13. 2001 (9th Cir.) Physical Transfer of Petroleum Hydrocarbon January 2004: California State Lands Commission Proposes Regulations Governing Oil Transfers, Oil Terminal Safety Rates and fees August 2009: Utah Court of Appeals Upholds Lower Court Decision that Land Owner Lacked Standing to Challenge Sewer and Water Service Fees Edwards v. Powder Mountain Water and Sewer 2009 Ut.App 185 (Ut. App. July 9, 2009) March 2005: Seventh Circuit Rejects Illinois Statute Forcing Environmental Foundation to Turn Over Funds Illinois Clean Energy Community Foundation v. Filan, ___F.3d___ 04-2277 (7th Cir. Dec. 22, 2004) December 2003: California Court of Appeal Rules Department of Water Resources Must Make a Determination that Its Revenue Requirements Are Just and Reasonable Pacific Gas & Electric Company v. California Department of Water Resources 112 Cal.App.4th 477 (3rd Dist. 2003). March 2001: San Diego Water Districts Sue Power Providers over Unreasonable Electricity Costs Sweetwater Authority, Et Al. V. Dyengy, Inc., Et Al., Case No.Gic 760743 (San Diego Superior Court). Renewable Energy Standards April 2010: U.S. Senators Introduce Bill to Broaden Proposed Federal Renewable Energy Standard Renewable Energy Tax Credits December 2009: Oregon Department of Energy Issues Temporary Administrative Rules for Business Energy Tax Credit Program Solar Energy August 2010: Oregon PUC Rolls Out Residential Solar Incentives Pilot Program June 2010: U.S. Department of the Interior Approves Offshore Wind Project in Nantucket Sound June 2010: Solar Power and the Williamson Act: Guidance from the California Department of Conservation on Siting Solar Farms on Land under Williamson Act Contract May 2010: Colorado Passes Legislation Increasing the Requirement of Electricity Generated From Renewable Sources to 30 Percent By 2020 May 2010: Controversial Solar Thermal Energy Project Sited for the Mojave Desert Clears a Significant Hurdle March 2010: New Energy Standards Set By Massachusetts to Implement the Green Communities Act January 2009: Kentucky Releases Its First-Ever Comprehensive Energy Plan December 2005: Sixth District Finds Homeowners Have No Legal Remedy under the Solar Shade Control Act against County Trees Shading Solar Panels Zipperer v. County of Santa Clara, ___Cal.App.4th___ H028455 (6th Dist. Oct. 28, 2005) Tennessee Valley Authority November 2009: Second Circuit’s Reversal in American Electric Power Allows Common Law Climate Change Litigation to Proceed Connecticut v. American Electric Power Co., ___F.3d___ 05-5104-CV & 05-5119-CV (2nd Cir. Sept. 21, 2009) January 2006: Eleventh Circuit Holds that Alabama’s State Implementation Plan Had to Be Revisited to Permit State Agency’s Use of Clean Air Act’s Two-Percent De Minimus Rule Sierra Club, Alabama Environmental Council, Inc. v. Tennessee Valley Authority, ___F.3d___ 04-15324 (11th Cir. Nov. 22, 2005). Wave Power Electrical Generation April 2007: Pacific Gas & Electric Initiates Wave Power Research through WaveConnect Project Wind Power August 2010: Texas State Court Holds Environmental Group Lacks Standing to Challenge Curtailed Review of Wind Farm Projects San Diego Navy Broadway Complex Coalition v. City of San Diego 185 Cal.App.4th 924 (Cal.App.4th Dist. 2010) August 2010: Vermont Enacts Renewable Energy Law July 2010: Oklahoma Legislature Passes Wind Energy Development Act May 2010: Colorado Passes Legislation Increasing the Requirement of Electricity Generated From Renewable Sources to 30 Percent By 2020 May 2010: Offshore Wind Power Stimulus Bill Proposed in Congress March 2010: New Energy Standards Set By Massachusetts to Implement the Green Communities Act January 2009: Kentucky Releases Its First-Ever Comprehensive Energy Plan December 2008: First District Court Extends Application of Public Trust Doctrine to Wildlife, but Limits Suit to Government Agencies Center for Biological Diversity v. FPL Group, Inc. 166 Cal.App.4th 1349 (1st Dist. 2008) November 2008: First District Finds Claim by Public for Breach of Public Trust Must Be Brought against Public Agencies— Not against Windfarm Operators Center for Biological Diversity, Inc. v. FPL Group, Inc., ___Cal.App.4th___ A116362 (1st Dist. Sept. 18, 2008) September 2004: First Circuit Halts First Legal Challenge to Construction of Wind Energy Project in Nantucket Sound Ten Taxpayer Citizens Group, et al. v. Cape Wind Associates, LLC, ___F.3d___ 03-2323 (1st Cir. June 28, 2004)

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