The most recent Environmental Protection Agency (“EPA”) Regulatory Agenda shows a further delay for the agency to finally promulgate long-awaited changes to its Chemical Accident Prevention Program, also known as the Risk Management Program (“RMP”).  After Obama made major changes, the Trump EPA delayed them and now seeks to reverse them. Want to understand this complicated saga and learn what to expect? Amy Wachs gives you all you need to know here.

Lawmakers of the 86th Texas Legislature passed several bills in regular session related to storage and cybersecurity, as well as a bill extending the expiration of a Chapter 312 tax abatement program that benefits renewable energy. These energy-related bills passed by the Texas Legislature are discussed below, as are notable bills that failed to gain traction this session.

Continue Reading Bills Related to Storage and Cybersecurity and Other Energy Issues Signed into Law After Close of 86th Texas Legislature’s Regular Session

Join Husch Blackwell and the Texas Renewable Energy Industries Alliance (TREIA) for a webinar series focused on topics that affect the Texas renewable energy industry.

Don’t miss the first in this webinar series, ITC & PTC Status Overview, on Tuesday, May 7, 2019, Noon – 1:00 p.m. CDT.

The first installment of the 2019 series will be an overview of the current status and future of the Investment Tax Credit (ITC) and Production Tax Credit (PTC). Presenters from Husch Blackwell and OnPeak Power will discuss commercial application and roles of the solar investment tax credit and wind production tax credit in financing and project development. In addition, they will cover the expected future of wind and solar development as credits are reduced or expired, the current legal status of wind and solar credits, and the legal eligibility for these credits.

Presenters include Ian Davis, Vice President, OnPeak Power and Jason Reschly, Partner, Husch Blackwell.

Who Should Attend?

Renewable developers, solar service providers, public officials, investors, lenders, general counsel, private equity companies, environmental entities, and other development consultants and service providers.

This webinar introduces topics that will be featured at the 2019 GridNEXT Conference, to be held June 26-27, 2019 in San Antonio.

Continuing Education Credit

This program is pending approval for Texas continuing legal education credit.

Registration

This webinar is complimentary; however, registration is required. We encourage you to share this webinar with interested colleagues.

As discussed in prior blog posts, the Federal Circuits became split (Part 1) in 2018 on whether the Clean Water Act (“CWA” or the “Act”) regulates discharges of pollutants from point sources that reach navigable waters through nonpoint sources, such as groundwater. Recently, the U.S. Supreme Court granted certiorari in one of those Circuit decisions (Part 2), and the case is still in front of the Supreme Court. While U.S. EPA had requested comments on this and other issues (Part 3), the agency’s current position was unknown until recently. On April 15, 2019, EPA released an interpretive statement and corresponding press release providing new guidance on whether the CWA permitting requirements apply to discharges directly to groundwater (78 Fed. Reg. 16810 (April 23, 2019)).

Continue Reading CWA Series: Do Discharges to Groundwater Require a Permit? EPA just changed its mind.