Morgan Lewis

Climate Change Publications of Interest

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01/22/10 EPA Takes Tougher Approach to Water Quality Management, Environmental Law360
Ron Tenpas discusses the possibility for increased enforcement of the Clean Water Act by the Environmental Protection Agency, stating that the Agency has decided to turn to these measures because water quality in the U.S. is still not up to par.
09/23/09 Morgan Lewis Partner Joins Wharton Energy Network in Discussion of Carbon Emissions
Morgan Lewis partner Ronald N. Tenpas, the former Assistant Attorney General for the Environmental and Natural Resources Division at the U.S. Department of Justice, will meet this evening with the Wharton Energy Network to discuss carbon emissions.
07/09/09 Supreme Court Restores EPA Deference But Stops Short of Broad Rule, Inside EPA's Clean Air Report, Vol. 20, No. 14
Ron Tenpas comments in a discussion of recent U.S. Supreme Court rulings involving EPA positions on key environmental cases.
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36 Publications Found
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09/14/11 Obama Administration Withdraws Draft Ozone Ambient Air Quality Standards and Reinstates 2008 Standards

LawFlash/Client Alert | Environmental LawFlash
John McAleese, III, Christopher McAuliffe, Ronald Tenpas, William Lewis, Jr.

President Obama announced on September 2 that his administration was withdrawing the draft ozone ambient air quality standards that the U.S. Environmental Protection Agency (EPA) had prepared and was in the process of issuing as... more

12/13/10 Supreme Climate Change Battle

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

Setting the stage for what promises to be a blockbuster environmental case, the U.S. Supreme Court on December 6 agreed to hear a challenge to a Second Circuit decision allowing plaintiffs to maintain a public nuisance lawsuit a... more

04/20/10 ASTM Releases a New Standard Regarding Disclosure of Financial Impacts Related to Climate Change

LawFlash/Client Alert | Energy LawFlash
Energy Practice

In March 2010, ASTM International, one of the world's largest voluntary standards development organizations, released a standard guide, ASTM Standard E2718-10, Standard Guide for Financial Disclosures Attributed to Climate Chan... more

02/04/10 SEC Interpretive Guidance Addresses Climate Change Disclosure Requirements

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On February 2, the Securities and Exchange Commission (SEC) issued interpretive guidance [1] for public companies regarding the application of the SEC's existing disclosure requirements to c... more

12/17/09 EPA Finds That Carbon Dioxide and Other Greenhouse Gases Constitute a Threat to Public Health and Welfare

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On December 7, the Environmental Protection Agency (EPA or Agency) announced that six greenhouse gases taken in combination endanger both public health and welfare. The Agency also found that the combined emissions of these gre... more

10/23/09 Electricity Generators Must Collect Data on GHG Emissions Starting January 1, 2010

LawFlash/Client Alert | Energy LawFlash
Energy Practice

Starting on January 1, 2010, electric generating facilities that emit greenhouse gases (GHGs) will be required to collect data on their GHG emissions and to report those findings to the U.S. Environmental Protection Agency (EPA)... more

10/21/09 Pennsylvania Offers Two Major Funding Opportunities for Solar Energy Projects, Equipment, and Research

LawFlash/Client Alert | Energy LawFlash
Energy Practice

Pennsylvania is currently offering two different funding opportunities to support the development and use of solar energy and expansion of solar energy-related industries. The first opportunity, the Solar Energy Program, provid... more

10/14/09 Current Issues in Reliability Compliance for Users, Owners, and Operators of the Bulk-Power System Webinar

Presentation | Webinar
Stephen Spina, J. Daniel Skees, John McGrane

Reliability compliance obligations have grown in complexity since the beginning of mandatory Reliability Standards following EPAct 2005, resulting in greater burdens on utilities and raising the spectre of increased penalties for... more

10/07/09 EPA Releases Proposal to Regulate Greenhouse Gases Under the Clean Air Act’s Title V and PSD Programs

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 30, the U.S. Environmental Protection Agency (EPA) issued a proposal describing how it intends to regulate greenhouse gas (GHG) emissions under the Clean Air Act's (CAA) Title V and Prevention of Significant Deterio... more

10/02/09 Second Circuit Rules that Climate Change Nuisance Action May Proceed Under “Federal Common Law”

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 21, the U.S. Court of Appeals for the Second Circuit reinstated two lawsuits filed by eight states, New York City, and three environmental groups that allege that the carbon dioxide emissions from six electric pow... more

09/24/09 EPA Issues Mandatory Reporting of Greenhouse Gases Rule

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 22, the Administrator of the U.S. Environmental Protection Agency (EPA) issued the Mandatory Reporting of Greenhouse Gases (GHGs) Rule. EPA had proposed this rule on March 10 of this year and solicited comments fro... more

09/24/09 Pennsylvania to Provide Up to $11 Million in Grants For Combined Heat and Power Projects

LawFlash/Client Alert | Energy LawFlash
Energy Practice

Pennsylvania has now opened its first of four grant solicitations under the "PA Green Energy Works!" Program. PA Green Energy Works! will use up to $52 million in federal funding received under the American Recovery and Reinves... more

09/16/09 Pennsylvania House Passes New Environmental and Energy Building Standards Act

LawFlash/Client Alert | Real Estate LawFlash
Jeannine Bishop

The Pennsylvania House of Representatives is steering Pennsylvania toward achieving "green" standards, visible in the recent passing of a bill that will require certain state-funded "major facility projects" to comply with energ... more

08/25/09 The Implications of Stimulus Whistleblower Provisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As work on projects funded in whole or in part by stimulus money continues to increase, employers should be aware of extraordinarily broad whistleblower provisions contained in the American Recovery and Reinvestment Act of 2009,... more

08/10/09 Government Investment in High-Speed Rail Creates Opportunities for the Private Sector

LawFlash/Client Alert | Business and Finance LawFlash
Business and Finance Practice

The federal government has proposed making significant public investment to facilitate the development of a comprehensive high-speed rail network throughout the United States. The Federal Railroad Administration (FRA) plans to ... more

08/04/09 Outer Continental Shelf Hydrokinetic Energy Project Guidance

LawFlash/Client Alert | Energy LawFlash
Energy Practice

Today, the Federal Energy Regulatory Commission (FERC) and the Minerals Management Service (MMS) jointly issued a guidance document addressing many issues relating to the development and implementation of hydrokinetic and hybrid... more

07/31/09 Department of Energy Announces Major Loan Guarantee Funding Opportunities

LawFlash/Client Alert | Energy LawFlash
Energy Practice

On July 29, U.S. Secretary of Energy Steven Chu announced two solicitations that are part of the Department of Energy's (DOE's) provision of several billion dollars in loan guarantees for various renewable energy initiatives. C... more

07/28/09 NERC Proposes Timeline for Implementing Reliability Standards at Nuclear Power Plants

LawFlash/Client Alert | Energy LawFlash
Energy Practice

The North American Electric Reliability Corporation (NERC) has issued for comment a draft timeline for the implementation of mandatory Critical Infrastructure Protection (CIP) Reliability Standards at nuclear power plants. Prev... more

07/17/09 FERC Issues Smart Grid Policy Statement and Cost Recovery Policy

LawFlash/Client Alert | Energy LawFlash
Energy Practice

On July 16, the Federal Energy Regulatory Commission (FERC) issued a policy statement providing guidance on the development of smart grid technology for the electric transmission system and adopting an interim rate policy to enc... more

07/16/09 Energy and Climate Change: Federal Legislative Initiatives in the 111th Congress Webinar

Presentation | Webinar
Floyd Norton, IV, Ronald Tenpas, Levi McAllister, Michael Griffen

Since early 2009, the U.S. House of Representatives and the U.S. Senate have been separately drafting legislation that, if enacted, would fundamentally alter the way that the United States generates, transmits, and consumes energ... more

07/10/09 Treasury Issues Guidance for Cash Grant in Lieu of Energy Tax Credit

LawFlash/Client Alert | Energy LawFlash
Kenneth Kulak, Wendy Unglaub, Richard Shortz, Wayne Song, Terrence Dugan, Gary Wilcox, Ingrid Myers, Douglas Davidson

On July 9, the U.S. Department of the Treasury (the Treasury) issued guidance that outlined the procedures for obtaining cash grants in lieu of claiming investment tax credits or production tax credits for specified renewable en... more

06/30/09 House Approves Climate Bill

LawFlash/Client Alert | Climate Change Alert
Litigation Practice

On June 26, the House of Representatives passed the American Clean Energy and Security Act of 2009 (H.R. 2454), major legislation addressing energy and climate change policy. Known commonly as the Waxman-Markey bill, the 1,300-... more

05/21/09 FERC Approves Participant Funding Arrangement for International Transmission Project

LawFlash/Client Alert | Energy LawFlash
Energy Practice

On May 21, 2009, the Federal Energy Regulatory Commission (FERC) approved a participant funding arrangement for a proposed international transmission project that would connect the Hydro-Quebec TransEnergie (Hydro-Quebec) transm... more

05/11/09 Administration Budget for 2010 Signals Expanding Environmental and Workplace Safety Enforcement

LawFlash/Client Alert | Environmental LawFlash
Litigation Practice

The Obama administration’s budget, publicly released on May 7, includes $10.5 billion for the U.S. Environmental Protection Agency (EPA), the largest budget allocation for the agency in its 39-year history. Under the prop... more

04/21/09 NERC Task Force Report on Integration of Variable Generation

LawFlash/Client Alert | Energy LawFlash
Energy Practice

On April 16, the North American Electric Reliability Corporation (NERC) issued a Special Report titled Accommodating High Levels of Variable Generation (the Special Report), which was prepared by NERC’s Integration of V... more

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