“Not-So-Green-Roofs” in Denver

In 2017, voters in Denver approved the so-called “Green Roofs” initiative, which called for buildings over 25,000 ft. sq. to dedicate a certain portion (between 20% and 60% depending on building size) of the rooftop to green space. However, just yesterday the Denver City Council unanimously voted to repeal green roof requirement and passed a …

The Buzz About Utility Scale Solar

There’s a new “buzz” in the solar energy industry and it has nothing to do with declining solar energy prices, the efficiency of solar panels, or tax credits.  The “buzz” is about bees and other pollinators.  A report from Argonne National Laboratory released earlier this year highlighted the potentially beneficial relationship between utility-scale solar energy (USSE) …

FCC Announces Launch of National Lifeline Eligibility Verifier

On October 2, 2018, the Federal Communications Commission released Public Notice DA-18-1009 announcing the launch of the National Lifeline Eligibility Verifier in Six States:   Colorado, Mississippi, Montana, New Mexico, Utah and Wyoming.   Starting on November 2, 2018, Eligible Telecommunications Carriers (ETCs) in these six states will be required to use the National Verifier System to …

New Mexico Public Regulation Commission Denies SunZia’s Proposed $2 Billion High-voltage Transmission Project

On September 5, 2018, by a 4-0 vote, the New Mexico Public Regulation Commission denied SunZia’s proposed $2 billion high-voltage transmission project through seven counties in southern New Mexico.  The Commission relied heavily on the hearing examiner’s recommended decision which found that the location and route for the transmission line lacked sufficient specificity and did …

Is Colorado the Next Front in the PURPA Wars?

In 1978, the Public Utility Regulatory Policies Act (PURPA) was signed into law with the overall goals of promoting energy conservation and encouraging the development of domestic renewable energy resources.  Among other mechanisms, PURPA sought to accomplish these goals through the recognition of a new class of generating facilities – Qualifying Facilities (QF).  In general, …

New Bill Clarifies Standard of Review for Decisions Made by Administrative Agencies in Arizona

On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238. The Bill clarifies the appellate landscape for individuals and businesses challenging administrative decisions made by state agencies. In our blog post from May 7, 2017, we foreshadowed the legislation:  https://blog.lrrc.com/energy/2017/05/07/chevron-deference-arizona/ To recap, under federal law, if a statute or statutory term is …

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 …

Court of Appeals Confirms that Arizona Constitution Authorizes Arizona Corporation Commission to Determine Energy Rates

The Arizona Constitution requires that the Arizona Corporation Commission (“Commission”) approve just and reasonable rates, the determination of which is to be evaluated by the Commission. In Freeport Minerals Corporation v. Arizona Corporation Commission, the Court of Appeals upheld rates for Tucson Electric Power Co. (“TEP”) and ruled that the Commission’s actions are presumed to …