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Environmental & Energy Law

State 'Around Market' Action and FERC: The End of Competitive Wholesale Electric Markets? - Event Audio/Video

Telecommunications & Electronic Media and Environmental Law & Property Rights Practice Groups
Larry Gasteiger, Raymond L. Gifford, Cheryl A. LaFleur, William W. Hogan, Steven Schleimer, Anthony T. Clark April 24, 2017

For the past two decades, the U.S. has experimented with “market”-based competitive wholesale electric markets.  Through FERC-superintended regional transmission organizations (RTOs) and Independent System Operators (ISOs), large regions of the country have procured electricity through a competitive generation model.  Recently, those markets have been questioned as baseload electric resources – nuclear, coal and combined-cycle gas – have become unprofitable in the face of tax-favored renewable energy and low cost natural gas.  States, in particular, have engaged in regulatory and legislative steps to rescue distressed baseload resources.  The New York Clean Energy Standard, the Illinois Future Energy Jobs Bill and moves by states as politically disparate as Massachusetts, Ohio, Connecticut, Texas and California have brought the issue of the future of electric markets to the fore.  This program will examine the legal and regulatory issues facing the states, the FERC, the courts and the entire electricity industry. 

This program was held at the National Press Club on April 18, 2017, and included an opening Keynote from Acting FERC Chairman Cheryl A. LaFleur followed by an expert panel discussion.

Featuring:

  • Larry Gasteiger, Chief, Federal Regulatory Policy for PSEG
  • Ray Gifford, Denver Managing Partner, Wilkinson Barker Knauer LLP
  • Hon. Cheryl A. LaFleur, Acting FERC Chairman
  • Prof. William (Bill) Hogan, Research Director, Harvard Electricity Policy Group, Raymond Plank Professor of Global Energy Policy, Harvard University
  • Steven Schleimer, Senior Vice President for Government and Regulatory Affairs, Calpine Corp.
  • Moderator: Tony Clark, Former FERC Commissioner, Senior Advisor, Wilkinson Barker Knauer LLP

National Press Club
Washington, DC

Clean Power Plan Oral Argument Recap - Podcast

Environmental Law & Property Rights Practice Group Podcast
Elbert Lin October 06, 2016

On Tuesday, September 27, the D.C. Circuit Court of Appeals heard en banc West Virginia v. Environmental Protection Agency, the case that will determine the fate of President Obama’s Clean Power Plan. If enacted, the Clean Power Plan would set a national limit for carbon emissions, and require each state to reduce its own output and meet state-specific standards. In February, the Supreme Court voted 5-4 to stay the Clean Power regulations while the case was pending in the D.C. Court. Twenty-four states, and various energy producers, have joined the suit against the federal government. Does the EPA have the authority to regulate a state’s carbon emissions under the Clean Air Act? Elbert Lin, the Solicitor General of West Virginia, joined us once again to discuss the oral arguments in this very important case.

Featuring:

  • Mr. Elbert Lin, Solicitor General, State of West Virginia

The Clean Power Plan Goes to Court - Event Audio/Video

Environmental Law & Property Rights Practice Group
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin Jr., Adam J. White September 15, 2016

In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection Agency’s website as “a historic and important step in reducing carbon pollution from power plants that takes real action on climate change.” Some six months later, on February 9, 2016, the U.S. Supreme Court stayed implementation of the Plan, pending further judicial review. Later this month, the D.C. Circuit Court of Appeals will hear en banc argument in that case, West Virginia et al. v. EPA. The suing states and power companies assert that the EPA has overstepped its authority in the Clean Air Act, and have acted beyond the bounds of the U.S. Constitution. Our experts will debate the arguments made in the various briefs and expected at oral argument.

Speakers: 

  • David Bookbinder, Founder, Element VI Consulting
  • David Doniger, Policy Director, Climate & Clean Air Program, Natural Resources Defense Council
  • Hon. Scott Pruitt, Attorney General, Oklahoma
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
  • Moderator: Adam J. White, Research Fellow, The Hoover Institution

National Press Club
Washington, DC

Clean Power Plan in the Court - Podcast

Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
David Bookbinder, David B. Rivkin Jr. September 14, 2016

On September 27, 2016, the D.C. Circuit Court of Appeals will hear oral argument in West Virginia, et al. v. EPA, a case testing the constitutionality of the Clean Power Plan. Among two procedural peculiarities (the U.S. Supreme Court has granted a stay in the implementation of the Plan, and the D.C. Circuit Court of Appeals has, sua sponte, decided to hear the case en banc without a prior three-judge panel), the case includes myriad federalism and separation of powers issues. Our experts will discuss the primary issues in the case – the balance of power between the federal and state governments, and the separation of powers within the federal government.

Featuring:

  • David Bookbinder, Founding Member, Element VI Consulting
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP