- FERC gives notice of intent to enforce PURPA against the Idaho Public Utilities Commission
- Benefits (and Pitfalls) of Sharing Qualifying Facility Interconnections
- Federal Power Act cross-reference
- Slides from Partner Ken Kaufmann’s EUCI presentation on PURPA
- New Mexico utility outside RTO or ISO seeks PURPA Section 210(m) exemption.
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Category Archives: News
On May 4, Charles von Reis, Senior Associate at Lovinger Kaufmann LLP, was sworn into the Idaho State Bar. Charles has been a member of the Oregon State Bar since 2006. The firm looks forward to better serving its clients in Idaho, California, Oregon, and Washington.
In a unanimous decision earlier this week, the Supreme Court rejected the Environmental Protection Agency’s (“EPA”) position that compliance orders issued under the Clean Water Act (“CWA”) are not subject to judicial review under the Administrative Procedure Act (“APA”) in Sackett v. EPA. Justice Alito, in a concurring opinion, rejected EPA’s view that such orders were not immediately reviewable as a final administrative action by pointing to the practical implications of such authority: “The position taken in this case by the Federal Government—a position that the Court now squarely rejects—would have put the property rights of ordinary Americans entirely at … Continue reading
For the past year the Bonneville Power Administration (BPA) and Northwest Wind developers have been in conflict over how to resolve seasonal electricity oversupply. Oversupply usually occurs in the spring when melting snow causes high river flows and BPA’s hydroelectric facilities must generate above normal levels to safely send the water downstream. Because BPA is generating more electricity than normal during this time, a reduction in output must occur to balance the system out and prevent possible overloads to the transmission system. During the spring of 2011, BPA managed this oversupply by replacing thermal and wind generation on the system … Continue reading
On January 9, 2012 the United States Supreme Court heard oral arguments in the Sackett v. EPA case. The case may have a long lasting impact on the EPA’s right to enforce certain provisions of the Clean Water Act (CWA). There are two issues presented in this Sackett proceeding: (1) whether petitioners may seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U.S.C. § 704; and, if not, (2) whether petitioner’s inability to seek pre-enforcement judicial review of the administrative compliance order violates their rights under the Due Process Clause? The case arose … Continue reading