The costs of overly nationalistic policies likely outweigh the benefits for Mexico with respect to the international energy community. If the AMLO administration chooses to attempt nationalization of the considerable foreign investment which followed the 2013 Energy Reforms in an effort to stay true to its campaign rhetoric, it would not be surprising to witness Mexico’s rapid descent into international pariah status.
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EPA has shown a little love for states wanting action on per- and polyfluoroalkyl substances (PFAS). On February 14, 2019, EPA announced its PFAS Action Plan, calling it “the most comprehensive, cross- agency action plan for a chemical of concern ever undertaken by the Agency.” The Action Plan consists of 23 priority action items with the majority identified as short-term or generally taking place or expected to be completed in the next two years.
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There are many issues revolving around beneficial use of produced water associated with hydraulically fractured oil and gas wells, from drought relief, to the abundance of produced water, to earthquakes. Will the numerous stakeholders align sufficiently to allow the creation of programs to properly regulate the beneficial use of produced water?
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Last week, the US Environmental Protection Agency (EPA) released its annual enforcement results for the 2018 fiscal year (ranging from October 1, 2017, to September 30, 2018). The report, prepared by EPA’s Office of Enforcement and Compliance Assurance (OECA), highlights the results of the agency’s civil and criminal enforcement of the nation’s federal environmental laws over the past year.
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Energy companies may not be thinking much yet about federal legislation to regulate the consumer data they hold, but they should be. Privacy is shaping up to be a key legislative topic this year.

Why would an energy company need to care about privacy legislation? Because lots of different energy companies have extensive consumer data. Oil companies’ service station loyalty programs, electric utilities’ customer data—these are among the many types of consumer data that might end up being regulated under legislation Congress is expected to consider. Any company with large amounts of consumer data should pay attention to the issue. In addition, HR data may also be covered by privacy legislation, affecting every US company whether or not they hold consumer data.
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“According to FERC, it is now commonplace for states to use Section 401 to hold federal licensing hostage.”

These are the words the DC Circuit used in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, p. 10 (D.C. Cir., Jan. 25, 2019), to describe the state of play on § 401 certifications affecting hydroelectric facility licensing or re-licensing applications. CWA § 401(a)(1) requires, as a prerequisite for federal permits for activities that may result in a discharge into the navigable waters, that affected states certify that any such discharge will comply with applicable, enumerated provisions of the Clean Water Act. But, if a state fails or refuses to act on a request for certification within “a reasonable period of time (which shall not exceed one year) after receipt of such request,” the statute deems the certification requirements waived.
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On January 17, 2019, the Federal Energy Regulatory Commission (Commission) held its monthly open meeting. The first half of the meeting was dedicated to remembrances of Commissioner McIntyre, who passed away earlier this month. The Commission elected to name the Commission meeting room in his honor.

Highlights of the second half of the meeting included:

According to the dictionary, a phrase is “ambiguous” if it has more than one meaning.
Chevron[1] is frequently cited for the proposition that the presence of “ambiguity” gives an agency the authority to interpret the statute to eliminate the ambiguity. A better view of Chevron is that only the Courts may resolve statutory ambiguity through interpretation. When faced with statutory terms that may be given more than one meaning, courts must determine, applying canons of statutory construction, what Congress has resolved, what Congress has given the Agency discretion to resolve, and what ascertainable standards have been established by Congress to govern the exercise of discretion by the Agency. In other words, Chevron contemplates that the Court declare what the law requires, including the scope of discretion afforded an agency to make policy choices that give content to broad statutory terms.
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