EPA Seeks Overhaul of Ozone NAAQS

EPA Administrator Scott Pruitt issued a memorandum on May 9th that directs the agency’s staff to begin a five-year review of the National Ambient Air Quality Standards (NAAQS) for Ozone. The Clean Air Act (CAA) requires EPA to periodically review the NAAQS, including both primary and secondary standards, for criteria air pollutants such as ozone …

Colorado Energy and Utilities Legislation

Winners and Losers in the 2018 Colorado General Assembly – The warm weather has returned, spring sports are in full swing, and the Colorado General Assembly has adjourned for 2018. That means it’s time to take a look at the scorecard and review the energy and utilities related issues that won and lost this legislative season. …

Changes Proposed to Research and Data Used by EPA

As recently reported in a number of news outlets, Environmental Protection Agency (EPA) Administrator Scott Pruitt has proposed a rule within the EPA that would require the Agency to use research that is publicly available in promulgating new rules alleged to be “scientifically-based.”  This could be an important change to every company over which EPA …

Southwest Power Pool Integration of Mountain West Transmission Group Moves Forward

On March 13, the Southwest Power Pool (SPP) approved a set of terms and conditions that will govern the Mountain West Transmission Group’s pending membership in SPP. Specifically, 18 policies were adopted addressing terms of SPP membership in areas including: governance; DC ties between the systems; transmission planning and resource adequacy; and rates and revenue. …

Proposed Energy Modernization Plan: Tribes and Clean Energy Proponents Can Likely Benefit

On January 30, 2018, Arizona Corporation Commissioner Andy Tobin proposed a new “Energy Modernization Plan” for the state of Arizona.  The proposed plan seeks to implement a comprehensive approach to develop  clean energy resources for Arizona’s electricity infrastructure.  Even though Tribes are not mentioned in the plan, Tribes and clean energy proponents should consider the …

Tribal Clean Energy Development: 2017 Changes and 2018 Opportunities

Executive Orders and Agency Changes to Watch During 2017 there were several key sets of action – at the federal, state, local, and industry levels –that have, or will, directly impact Indian clean energy development opportunities. Some of these actions will benefit Indian tribes seeking to develop clean energy resources or becoming more energy self-sufficient.  …

Supreme Court Recently Issued Opinion That Will Impact Clean Water Act Litigation

The United States Supreme Court recently issued a unanimous opinion on a procedural matter that will have a significant impact on future Clean Water Act litigation.  In National Association of Manufacturers v. Department of Defense, issued on January 22, 2018, the Court determined that challenges to the Waters of the United States Rule must be …

New Mexico Reviews the Impact of 2017 Federal Tax Cuts and Jobs Act on Regulated Utilities

On Wednesday, January 24, 2018, the New Mexico Public Regulation Commission (PRC) issued an “Order Commencing Review of the Effects of the Federal Tax Cuts and Jobs Act of 2017 (TCJA) on Regulated New Mexico Utilities.”  The Commission recognizes that the TCJA may have a major effect on the earnings and overall financial condition of …