DAPL Developer Sues Environmental Groups

In a remarkable development around the contentious Dakota Access Pipeline (DAPL), the developer of the project, Energy Transfer Equity and Energy Transfer Partners, sued the environmental groups that opposed DAPL. Energy Transfer sued  Greenpeace International, Greenpeace Inc., Greenpeace Fund, Inc., BankTrack, and Earth First! alleging that the: group of co-conspirators (the “Enterprise”) manufactured and disseminated …

The Eclipse Will Test Utilities’ Solar Grid Integration

On Monday, August 21, 2017, a total solar eclipse will sweep across the continental United States from Oregon to South Carolina. A solar eclipse occurs when the moon moves between the Earth and the sun, thereby obscuring the sun from Earth’s view and creating a shadow on Earth’s surface below. While a partial solar eclipse …

NV Energy’s Latest Net Metering Filing Offers a Cost-Based Solution to the Distributed Generation Industry

Pursuant to the timelines set forth in Assembly Bill 405, NV Energy has recently filed new tariffs that affect Nevada’s net metering (NEM) and full requirement customers.  Passed by the Nevada Legislature in June 2017 and supported by the rooftop solar industry, Assembly Bill 405 is the latest manifestation of Nevada’s policy to support rooftop …

Energy Legislation in the 2017 Colorado General Assembly

The First Regular Session of the Seventy-First General Assembly adjourned sine die on May 10th, wrapping up 120 days of work for the people of Colorado. The session was primarily dominated by two big issues: budget and transportation. After years of debate, legislators reached a compromise on the infamous hospital provider fee. By moving the …

Chevron Deference in Arizona?

In Arizona, like in Washington, a debate is unfolding about how courts should determine “questions of law”, and whether an agency’s construction of statutes is entitled to deference by the courts.  Some refer to this deference as Chevron Deference, stemming from a 1984 U.S. Supreme Court decision. The recent confirmation proceedings of Justice Neil Gorsuch triggered a spirited debate among policy makers and opinion writers about whether an agency’s reading of its statutes should be given any weight …

Appeals Court Throws-Out Utility Easement Damages Award – For Now

In responding to rumors of his own demise, Mark Twain quipped, “The report of my death was an exaggeration.”  While the 1897 rumors were premature, Mark Twain did eventually die on April 21, 1910.  In similar fashion, the 2015 jury verdict of more than $79 million for an electric utility’s misuse of electric transmission line …

Onward for Oncor

On Thursday, February 16, 2017, the Delaware bankruptcy judge overseeing the Energy Future Holdings Corp. Chapter 11 bankruptcy, stated that the most recent plan for emergence from Chapter 11 met the standards for confirmation. While two objections to confirmation remain to be resolved, Judge Christopher S. Sontchi said Thursday that the plan met the requirements …