October 1, 2024
Federal Briefs
Judges Issue Mixed Decisions on EPA’s Water Rule
This week's FERC and federal briefs include news on EPA and its Waters of the United States rule and the Clean Power Plan, as well as President Obama.

Erickson
Erickson

A federal district court judge in North Dakota has blocked the Environmental Protection Agency’s new water pollution rule just hours before it was to go into effect. Judge Ralph Erickson issued a preliminary injunction blocking implementation of the rule in 13 states that had joined the suit. But a day earlier, a judge in West Virginia ruled in favor of the Obama administration and declined to interfere with EPA’s rule.

The lawsuits are among 10 court challenges against the water rule filed by 29 states, along with groups representing the energy industry, real estate developers, farmers and others. The cases have been consolidated into one lawsuit at the Court of Appeals for the Sixth Circuit in Cincinnati, but Erickson argued that he could still issue his injunction.

The so-called Waters of the United States rule redefines and expands EPA’s jurisdiction under the Clean Water Act. An EPA spokeswoman said the rule would go into effect in the states that did not join the suit blocking the rule. The 13 states where the rule is on hold are:  Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.

More: The Hill

US Economic Growth at 9-Year High, If You Ignore Energy

The U.S. economy grew at the fastest rate in nine years — if you don’t count energy, according to Bloomberg Business.

The plunge in oil and natural gas prices, along with the bleak outlook for coal, show an energy sector under pressure.

Investment in oil and mining projects by corporate investors fell 68% between April and June, following a 44.5% plunge for the January to March period.

More: Bloomberg Business

Penn State Gets $2.9 Million to Study New PV Panels

PennStateSourcePennsStateElectrical and mechanical engineering teams at Pennsylvania State University are working with experts at the University of Illinois and a photovoltaics company in Durham, N.C., to develop the next generation of solar panels, inspired by technology used in spacecraft.

The teams have received $2.9 million from the Department of Energy’s Advanced Research Projects Agency-Energy (ARPA-E) to work on what they call “fixed-tilt photovoltaic cells.” The cells use plastic “lenslets” and a tracking system that follows the sun to concentrate sunlight at 400 times intensity. The panels are constructed of common materials, such as Plexiglas, which reduces construction costs.

The technology aims to exploit the high-efficiency solar cells installed on spacecraft to generate power.

More: Pennsylvania State University

Obama: Time to Go Full Steam Ahead on Renewables

800px-President_Barack_ObamaPresident Obama used his platform at last week’s National Clean Energy Summit in Las Vegas to urge further investment and research on renewable energy. “This is not the time to pull back” on working on renewable technology and implementation, he said.

“We refuse to surrender the hope of a clean energy future to those who fight against it,” he said. He noted that some firms that used to be concentrated on fossil fuel technology, such as Southern Co., are beginning to make serious investments in renewable energy.

Increasingly, individuals are driving the movement, he said. “People are beginning to realize they can take more control over their own energy — what kind they use, how much and when,” he said.

More: National Journal

Appeal of EPA Clean Power Plan on Accelerated Timetable

The D.C. Circuit Court of Appeals panel hearing challenges to the Environmental Protection Agency’s Clean Power Plan have agreed to an expedited pace for the case and ordered both sides to file their major legal arguments before the Labor Day weekend.

Those challenging the plan — state and industry groups — say the expedited schedule puts them at a disadvantage. States challenging the Clean Power Plan said the Aug. 3 promulgation of the rule is forcing them to develop sweeping regulatory changes before the legal challenges to the rule are heard.

Some observers say EPA’s push for a hurried schedule can be attributed to the planned global summit on climate change to be held in December in Paris. The Obama administration’s EPA says it wants the rule in place before the summit so that it “shows the world that the United States is committed to leading global efforts to address climate change.”

More: Fox News

Schumer Proposes Extension, Changes to Solar Tax Credit

Schumer
Schumer

Sen. Charles Schumer (D-N.Y.) is proposing changes to the federal solar investment tax credit that would extend the credit and make it apply to more businesses.

The tax credit, scheduled to phase down from 30% to 10% after 2016, would be extended “beyond 2016,” he said. One reason for the longer timetable is to allow large-scale solar projects to develop. A phase-down of the credit is making it difficult for developers to secure financing.

Schumer also wants the tax credits to apply earlier in a project’s life than currently allowed, which provides that solar-panel owners can get tax credits only when the system is placed in service. In contrast, wind tax credits are applied as soon as a project begins construction.

More: FierceEnergy

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