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Kathryn M. Sutton
Partner - Washington, D.C.
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Areas of Experience
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
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
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
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
Presentation | Webinar
Floyd Norton, IV, Michael Griffen
This past June, FERC issued Order No. 697-C, an order on rehearing of its orders issuing regulations applicable to public utilities authorized to sell electric capacity, energy, and ancillary services at market-based rates. Or... more
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
LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices
If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Dem... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Last week, the North American Electric Reliability Corporation (NERC) released a revised draft of the proposed procedures that Responsible Entities would use to request a Technical Feasibility Exception (TFE) for Critical Infras... more
Outside Publication | Article
John Matthews, Esther Park
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On August 6, the Federal Trade Commission (FTC) issued a Final Rule prohibiting market manipulation in the petroleum industry. Under the terms of the Final Rule, persons that engage in fraud or deceit in wholesale petroleum mark... more
Outside Publication | Article
Scott Looper
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
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
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
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
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On July 16, the Federal Energy Regulatory Commission (FERC) issued an order directing market operators in New York and neighboring regions to submit a long-term solution to loop flow issues. In the order, FERC also adopted the ... more
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
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
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Levi McAllister
On July 1, the North American Electric Reliability Corporation (NERC) issued draft security guidelines providing guidance to entities that are required to identify Critical Cyber Assets under NERC Standard CIP-002 R3. Under that... more
Outside Publication | Article
Jay Gutierrez, Stephen Burdick
Published in Infrastructure, Vol. 48, No. 3, Spring 2009. Copyright 2009 American Bar Association. Reproduced with permission.
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
LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Joseph Lowell
On June 18, the Federal Energy Regulatory Commission (FERC) issued orders addressing two separate petitions for declaratory order submitted by NorthWestern Corporation d/b/a NorthWestern Energy (NorthWestern). In the first peti... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On June 24, 2009, the Federal Energy Regulatory Commission (Commission) upheld central aspects of its prior decisions on Violation Severity Levels (VSLs) proposed by the North American Electric Reliability Corporation (NERC).
Presentation | Webinar
Sara McCormick, Stephen Kinney, Jr., Paul Zaffuts, Jonathan Fritts, Tracy Steele
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
Outside Publication | Article
Scott Looper
Morgan Lewis Title | Deskbook
Energy Practice and Energy Resources Group
Morgan Lewis's Energy Practice has prepared FERC Compliance: A Legal and Business Guide to provide energy companies and other energy market participants a comprehensive handbook on the fundamentals of the Federal Energy Regulat... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Yesterday, Senate Homeland Security and Governmental Affairs Committee Chairman Joseph Lieberman (I-CT) and House Homeland Security Committee Chairman Bennie Thompson (D-MS) introduced a bill that would dramatically increase the... more
Presentation | Speech
Mark Haskell
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
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On April 16, the Department of Energy (DOE) released two documents detailing an unprecedented and rapid investment in the nation's electrical grid: a Notice of Intent (NOI) for the Smart Grid Investment Grant Program and a draf... more
LawFlash/Client Alert | Real Estate LawFlash
Real Estate Practice
On Thursday, April 9, top executives from 19 commercial real estate companies met with the Department of Energy (DOE) to develop a plan to reduce energy consumption in real estate buildings across the country. With consumption ... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On April 10, the Federal Energy Regulatory Commission (FERC) issued an order in Docket No. ER09-681-000 (the Order) granting approval of various transmission infrastructure rate incentives requested by Green Power Express, LP (G... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
In an open letter to the electric industry on April 7, Michael Assante, Chief Security Officer of the North American Electric Reliability Corporation (NERC) cautioned utilities that using an “N-1” methodology to det... more
LawFlash/Client Alert | Energy LawFlash
Christopher McAuliffe
The U.S. Supreme Court on April 1, 2009 issued its decision in Entergy Corp. v. Riverkeeper, Inc. on the issue of whether Section 316(b) of the Clean Water Act (the Act) authorizes the Environmental Protection Agency (EPA) to c... more
Outside Publication | Article
Christopher McAuliffe
LawFlash/Client Alert | Climate Change Alert
Litigation Practice
On March 10, the U.S. Environmental Protection Agency (EPA) released a proposed rule for the Mandatory Reporting of Greenhouse Gases (GHGs). This rule was authorized by the FY2008 Consolidated Appropriations Act, which directed... more
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On February 17, 2009, President Barack Obama signed into law H.R. 1, the American Recovery and Reinvestment Act of 2009 (the Act). Enacting over $787 billion in appropriations and tax cuts, the Act authorizes many energy-related... more
LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices
If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in the future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Demand f... more
LawFlash/Client Alert | Climate Change Alert
Business and Finance Practice
Actions by the Attorney General of the State of New York in 2008 will affect how public companies disclose and address climate change financial risks. Since August 2008, the Attorney General has announced settlement agreements ... more
Outside Publication | Article
Levi McAllister
LawFlash/Client Alert | Climate Change Alert
Energy Practice
The recent election will bring in a new administration in January—one that has signaled that federal action to address climate change is on the horizon. While running for office, President-Elect Barack Obama proposed bold... more
Presentation | Speech
Stephen Spina
LawFlash/Client Alert | Climate Change Alert
Business and Finance Practice
Recent action by the Attorney General of the State of New York will affect how public companies disclose and address climate change financial risks. On August 27, 2008, the Attorney General announced a settlement agreement with... more
LawFlash/Client Alert | Insurance Recovery LawFlash
Insurance Recovery Practice
Hurricane Ike has caused very substantial loss throughout the Texas Gulf Coast. As the region begins to recover, Morgan Lewis’s Insurance Recovery lawyers are already working with our clients nationwide to ensure that the... more
LawFlash/Client Alert | Energy LawFlash
Christopher McAuliffe
On July 11, the U.S. Court of Appeals for the District of Columbia Circuit vacated a regulatory program adopted under the Clean Air Act that had been the basis for significant investments in air pollution control technology and... more
Morgan Lewis Title | White Paper
Litigation Practice
Climate change issues are generating one of the most rapidly changing and critically important components of environmental law. Most of the developments discussed in this overview have occurred in the last several years. This p... more
Presentation | Speech
Stephen Spina
Presentation | Speech
George Billinson
Presentation | Speech
Floyd Norton, IV
Presentation | Speech
George Billinson
Presentation | Speech
Stephen Spina
Presentation | Speech
Mark Haskell
Presentation | Speech
Stephen Spina
Outside Publication | Article
Levi McAllister
Presentation | Speech
Mark Haskell
Presentation | Speech
Wayne Song
Presentation | Speech
Mark Haskell
Morgan Lewis Title | Deskbook
Alex Polonsky, Jay Gutierrez
The second edition of Fundamentals of Nuclear Regulation in the United States is a straightforward primer on a complex area of law that is gaining attention as the world seeks alternative sources of energy. As policymakers, t... more
Presentation | Speech
George Billinson
Outside Publication | Article
John Matthews, Kathryn Sutton
Presentation | Speech
George Billinson
Presentation | Speech
James Glasgow
Presentation | Webinar
Joseph Hall, Floyd Norton, IV, Stephen Spina, Michael Griffen
Presentation | Speech
George Billinson
Outside Publication | Chapter
George Billinson
Outside Publication | Article
Levi McAllister
Outside Publication | Article
Anna Jones
Presentation | Speech
Mark Haskell
Outside Publication | Article
Stephen Spina, Michael Griffen
Presentation | Speech
Martin O'Neill
Outside Publication | Article
Martin O'Neill
LawFlash/Client Alert | Energy LawFlash
Energy Practice
Twenty states and the District of Columbia have adopted mandatory renewable portfolio standards (RPSs) requiring retail electricity suppliers to increase the percentage of electricity supplied from wind power, solar energy, biom... more
Outside Publication | Article
George Billinson, Michael Griffen
Presentation | Speech
George Billinson
Presentation | Speech
James Glasgow
Outside Publication | Article
George Billinson
Presentation | Speech
Stephen Spina
Outside Publication | Article
Anna Jones
Outside Publication | Chapter
George Billinson
Outside Publication | Article
J. Daniel Skees
LawFlash/Client Alert | Energy LawFlash
Energy
Morgan, Lewis & Bockius, LLP, is pleased to announce the addition of William F. Hederman, Jr., and George D. Billinson to the firm. Both join the firm from the Federal Energy Regulatory Commission (FERC). The addition of Me... more
Presentation | Speech
Stephen Spina
Presentation | Speech
Floyd Norton, IV, Stephen Spina
Outside Publication | Article
John Matthews
LawFlash/Client Alert | Energy LawFlash
Energy Practice
On November 30, Pennsylvania Governor Edward G. Rendell signed Senate Bill No. 1030 (the Act), which requires electric distribution companies (EDCs) and electric generation suppliers (EGSs) to sell a certain percentage of electr... more
Outside Publication | Article
John Matthews
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Spina
Presentation | Speech
Stephen Mahinka, Floyd Norton, IV
Presentation | Speech
George Edgar
Presentation | Speech
Janet Ecker
Outside Publication | Article
Martin O'Neill
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Mary Ann Huntington
Presentation | Proceedings
Energy
Note: Due to the production costs of this handbook, there is a $35 charge for it.
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Anthony DeCusatis
Outside Publication | Article
Floyd Norton, IV
Presentation | Speech
Anthony DeCusatis
Outside Publication | Article
Floyd Norton, IV
Presentation | Speech
George Edgar
Presentation | Speech
Jay Gutierrez
Presentation | Speech
Floyd Norton, IV, Michael Griffen
Presentation | Speech
Anthony DeCusatis
Presentation | Speech
Floyd Norton, IV
Outside Publication | Article
Donald Silverman, George Edgar
Presentation | Speech
Floyd Norton, IV, Michael Griffen
Presentation | Speech
George Edgar
Presentation | Speech
Floyd Norton, IV
Outside Publication | Article
Floyd Norton, IV
Presentation | Speech
George Edgar
Morgan Lewis Title | White Paper
James Glasgow, Dorothy Black
Against the opposition of the European allies, President Clinton signed into law the "Iran and Libya Sanctions Act of 1996" (the Act) on August 5, 1996. Aimed at international energy companies, the Act requires the President to... more
Presentation | Speech
George Edgar
Presentation | Speech
George Edgar
Presentation | Speech
George Edgar
Outside Publication | Article
Donald Silverman
Presentation | Speech
Donald Silverman
Presentation | Speech
Jay Gutierrez
Presentation | Speech
George Edgar
Presentation | Speech
Donald Silverman
Presentation | Speech
Donald Silverman
Presentation | Speech
Maxine Woelfling, John McAleese, III
Morgan Lewis Title | White Paper
Lawrence Fine, Judith Walkoff
This White Paper discusses recent Pennsylvania, New Jersey, Delaware and New York regulations that require employers with 100 or more employees at a work site, to develop programs that reduce vehicle miles traveled commuting to ... more
Morgan Lewis Title | White Paper
David MacGregor
Outside Publication | Article
Thomas Gadsden
Outside Publication | Article
George Billinson
Morgan Lewis Title | White Paper
Michael Gang
It has long been a common and recognized practice for utilities to obtain perpetual easements across property in order to provide service to customers. In a recent decision with far-reaching implications, the Commonwealth Court... more

