Joe Fagan was quoted in an article, "Pipeline Fights May Determine Scope Of Climate Reviews," in Law360. The article is about how an increase in legal challenges by environmental groups claiming that the Federal Energy Regulatory Commission must examine the climate change impacts of increased natural gas drilling before approving pipelines could help define the boundaries of a landmark 2004 U.S. Supreme Court ruling that limited the scope of federal environmental reviews to actions within an agency's authority. The cases give the D.C. Circuit an opportunity to further clarify the extent of the Supreme Court's unanimous decision in the 2004 case U.S. Department of Transportation v. Public Citizen, in which it held that the Federal Motor Carrier Safety Administration wasn't required under NEPA to thoroughly evaluate the environmental impact of Mexican trucks entering the U.S. because the activity was prompted by actions beyond its control. "The Public Citizen case is 12 years old. It wasn't until recently that people have raised this production argument," Fagan said. "If FERC looks at the impact of the production and concludes that this pipeline project is not going to add much incrementally to what's being produced, then I still think the opponents have a high bar to successfully argue in court that FERC didn't fulfill its obligations under NEPA."
Day Pitney will host a FERC 101 event, co-sponsored by Connecticut Power & Energy Society and EBA, on November 13 in its Hartford and Washington, DC offices.
Sebastian Lombardi will serve on a panel, "State Policies and the Markets: How the tension is playing out in PJM," at the Northeast Energy and Commerce Association's Power Markets Conference on November 8, at the Marriott Courtyard Hotel in Marlborough, MA.
Day Pitney White Paper
On September 27, partner Joseph Fagan will be speaking on a panel, "Policy v. Practical: What can the regional consumers expect from lawmakers, regulators and energy providers?," at the Northeast Energy and Commerce Association's (NECA) annual Fuels Conference in Marlborough, MA.
Day Pitney Alert
Day Pitney associate Alexander W. Judd has been elected to serve as Chair of the Energy, Public Utility and Communications Law Section of the Connecticut Bar Association (CBA).
Day Pitney Press Release
Paul Belval will be honored at "Celebrating Leaders for Justice," a dinner and ceremony being presented by the Greater Hartford Legal Aid (GHLA) Foundation.
Joseph Fagan was quoted in an article, "Fuel shippers seek U.S. review of 'excessive' Colonial Pipeline rates," published by Reuters.
Day Pitney and the National Governors Association (NGA) hosted an invitation-only forum, held at the Downtown Harvard Club of Boston, that brought together lawyers, policymakers, cybersecurity experts and other participants to identify and discuss legal issues related to the growing Industrial Internet of Things (IIoT).