by Kim S. Colton The “green car” market is growing. Tesla may lead the way in luxury, but almost all auto manufacturers are investing significantly in plug-in electric vehicles (EV(s)). Policy, law, and regulation must change as the EV market expands. The Governors of Colorado, Nevada, and Utah recently announced collaboration on building a regional […]
by Karlene Martorana Drought on the Colorado River. Although the winter snowpack in the Rockies is off to a good start and California has seen heavy rainfall this winter, the drought in the southwest is not over. One wet season cannot overcome the water deficit in reservoirs along the Colorado River caused by the prolonged […]
by Patrick J. Paul In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell announced their intention to terminate their interest in the three unit, 2,500 megawatt facility following expiration […]
by J. Matthew Derstine While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by expediting the environmental review and approval of infrastructure projects nationwide. But whether this Executive Order will truly […]
by Rachel M. Lynn On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the decision turned on the question of whether or not Denbury Green qualified as a “common carrier” […]
by Jason D. Gellman In the 1980s, legendary head coach Joe Gibbs for the Washington D.C. franchise was tortured about how to deal with ferocious pass-rushing force and elite outside linebacker Lawrence Taylor for the New York Giants (#2 overall pick in the ’81 NFL draft out of UNC). Using his coaching genius, Gibbs inserted stalwart […]
by Denise A. Dragoo On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision requires the U.S. EPA to follow the mandate of Section 321 of the Clean Air Act, 42 U.S.C. […]
by Michael W. Patten On October 7, 2016, the Arizona Corporation Commission’s Hearing Division issued a Recommended Opinion and Order (“ROO”) in the Commission’s Investigation of the Value and Cost of Distributed Generation docket (Docket No. E-00000J-14-0023). The ROO follows an extended evidentiary hearing and post-hearing briefing that took place earlier this year. The ROO proposes […]
by Raymond S. Heyman Rooftop solar companies and their trade associations are intervening in a variety of state utility regulatory proceedings around the country. In Arizona, for example, in the past two years they have intervened in three rate cases for investor owned electric utilities and two rate cases for member-owned electric cooperatives. Additionally, rooftop solar advocates have intervened […]
by Timothy J. Sabo The Arizona Supreme Court has affirmed the broad constitutional powers of the Arizona Corporation Commission, in an opinion issued on August 8, 2016. The decision comes in Residential Utility Consumer Office v. Arizona Corporation Commission, a widely-watched case about the scope of the Commission’s power. The case involved a challenge by […]
