A LawFlash prepared by Morgan Lewis’s environmental practice lawyers provides answers to common questions companies may have concerning their environmental obligations after Hurricane Irma.

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On September 12, 2017, FERC and NERC released a joint statement and guidance encouraging ongoing interutility cooperation among all utilities in response to Hurricane Irma, which ravaged areas in Florida and Georgia, neighboring states, Puerto Rico, and US territories in the Caribbean. The statement emphasized that the utility response to Hurricane Irma will likely be among the largest industry restoration efforts in US history. In it, FERC and NERC encourage utilities to lend personnel skilled in vegetation management to those utilities in need as a result of the hurricane.

On September 11, 2017, FERC granted a one-month extension for utilities and others affected by Hurricanes Harvey and Irma to submit certain filings. The extension applies to:

  • FERC-required form submissions,
  • nonstatutory filings such as compliance filings and deficiency letter responses, and
  • filings required by FERC jurisdictional tariffs.

For those filings, entities affected by the hurricanes need not file until after October 11, 2017.

Critically, the extension does not apply to those filings with deadlines imposed by statute. For entities whose filings are not covered by the extension, FERC's order notes that they may seek individual extensions of time where permitted under the applicable statute.

Please visit Morgan Lewis's Hurricane Recovery Resources center for this and other guidance on the complex legal and business implications of Hurricanes Harvey and Irma.

Our employee benefits and tax lawyers have prepared a LawFlash that discusses IRS Notice 2017-48, which significantly expands the tax benefits of certain charitable cash contributions for hurricane relief. The LawFlash also outlines how companies can set up charitable leave donation programs to allow employees to contribute accrued leave that can be converted to cash contributions for charities aiding the victims of Hurricane Harvey.

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A LawFlash prepared by Morgan Lewis’s environmental practice lawyers provides answers to common questions companies may have concerning their environmental obligations after Hurricane Harvey.

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In a recent LawFlash, Morgan Lewis’s immigration team discusses the Trump administration’s decision to wind down the Deferred Action for Childhood Arrivals (DACA) program.

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Our labor and employment practice lawyers recently prepared a LawFlash reminding employers, including those in the energy industry, to be mindful of federal and state laws related to leaves, planned and unplanned absences, accommodations, and pay practices as they begin the journey to recover from the hurricane.

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Join Morgan Lewis lawyers this September and October for these upcoming programs:

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On September 5, FERC Chairman Neil Chatterjee named James P. Danly as the new general counsel for FERC. Currently in private practice, Mr. Danly previously clerked for Judge Danny Boggs on the US Court of Appeals for the Sixth Circuit, and also worked at the Council on Foreign Relations. Mr. Danly is a highly decorated US Army officer who earned a Bronze Star and Purple Heart for his service in Iraq.

As general counsel, Mr. Danly will lead an office of nearly 200 employees and oversee a wide variety of FERC actions, including the drafting of Commission orders, advising Commission staff on legal issues, and defending the Commission in the courts.

David Morenoff—currently serving in the role of general counsel—will become the deputy general counsel when Mr. Danly takes over general counsel responsibilities.