On Monday, New York’s Court of Appeals, its highest court, upheld the power of municipalities to prohibit hydraulic fracturing (“fracking”) within their boundaries.
The case, previously discussed here, concerned efforts by two towns to ban fracking within their boundaries after several town residents signed oil and gas leases allowing for exploration and extraction on their land.
Continue Reading Fracking Alert: Home Rule Prevails In New York’s Highest Court
In what is considered a first step towards requiring natural gas drillers to disclose the chemical constituents of hydraulic fracturing fluids, EPA recently released an Advanced Notice of Proposed Rulemaking seeking public comment on the topic.
High volume hydraulic fracturing, or “fracking” is a method of natural gas extraction by which materials, typically water, sand and chemical additives, are injected at high pressure to fracture deep layers of shale, which allows for the release of natural gas. The natural gas is then captured and surged to the surface, along with residual flow back fluids.
Continue Reading EPA To Consider Mandatory Disclosure Of Chemicals Used In Fracking Fluids
New York State’s electric industry may undergo a drastic transformation. Recently, the New York State Public Service Commission (“Commission”) issued its Reforming the Energy Vision, NYS Department of Public Service Staff Report and Proposal (“Vision Proposal”) to remodel New York’s electric industry “for both regulated and non-regulated participants, with the objective of creating market based, sustainable products and services that drive an increasingly efficient, clean, reliable, and consumer-oriented industry.” To accomplish these objectives, “utilities will actively manage and coordinate a wide range of distributed resources, and markets and tariffs will empower customers to reduce and optimize their energy usage and electric bills, and will stimulate innovation and new products that will further enhance customer opportunities.”
Continue Reading Restructuring New York State’s Utilities
National Ambient Air Quality Standards, or NAAQS, can be hard enough for states to attain given the sources of air pollution within their own borders. But add cross-boundary air pollution from upwind states to the mix, and downwind states in particular are left in a real bind: despite their best efforts, these states are unable to control the upwind sources of air pollution that can contribute significantly to their own NAAQS non-attainment.
Continue Reading SCOTUS Upholds EPA’s Good Neighbor Provision, To Relief of Downwind States
Valves, pumps, connectors, and other component parts are the crucial joints in an industrial plant’s skeletal system. Without them, movement—or in the case of a refinery or chemical manufacturing facility, processing—would be impossible. And, just as with skeletal joints, without proper care and maintenance, normal wear and tear can cause component
In what will be a precedent-setting decision of national importance, today the New York State Court of Appeals agreed to hear Norse Energy’s appeal of the Third Department’s decision upholding the Town of Dryden’s municipal ban on hydraulic fracturing for natural gas extraction. The Third Department and lower State Supreme Court both upheld the Town’s ban on hydraulic fracturing on the grounds that a full blown ban on an activity does not constitute “regulation” for preemption purposes under New York State’s Oil, Gas and Solutions Mining Law. The validity of the Third Department’s reasoning, and the Town’s underlying authority, will be reviewed by the Court of Appeals sometime this fall.
Continue Reading Update! – New York State Court of Appeals Takes On Fracking Ban Case
Recently, the House Appropriations Committee released its fiscal year 2014 Energy and Water Development, and Related Agencies Appropriations bill (“Energy Bill”). In doing so, it proposed to cut renewable energy research and development spending by approximately $911 million, which is approximately fifty percent (50%) below the fiscal year 2013 level. Additionally, the Energy Bill also reduced proposed funding for Advanced Research Projects Agency – Energy (“ARPA-E”) by approximately $215 million – equal to 81% of the current year’s level. In total, the Energy bill is approximately $4.1 billion less than President Barack Obama’s request.
Continue Reading Proposed Energy Bill Approximately $4 Billion Less Than President’s Request
In an earlier post, we discussed the opportunity for supply chain manufacturers as a result of the NY-Sun program. New York’s solar energy industry received an additional boost with the recent passage of the New York Solar Bill by the state Assembly on June 20, 2013. The bill would extend the NY-Sun program for an additional ten years, through 2023, which if signed into law would make good on Governor Cuomo’s commitment to extend the program in his State of the State address earlier this year. The result would be an additional 2,200 MW of solar energy capacity, enough to power 400,000 New York homes. Before the bill can be signed into law, it must be reconciled with the version previously passed by the Senate, which contained an additional manufacturing tax credit that was not in the Assembly version.
Continue Reading Extension of NY-Sun Program May Benefit Hurricane Preparedness
While some believe that New York State is a relatively sunny state, this spring has, so far, made others question this tag. However, New York is looking to take advantage of its sunshine through the NY-Sun Competitive PV Program, which recently awarded $46 million for 76 large-scale solar energy projects. These solar energy projects will add 52 megawatts of energy capacity, enough to power almost 9,000 homes. Over the next couple years, the program has the potential to quadruple the amount of customer-sited solar photovoltaic capacity in New York.
Continue Reading Surge in New York State Solar Projects Signals Supply Chain Opportunity
Faced with the twin challenges of meeting New York State’s Renewable Portfolio Standard (“RPS”)—which sets renewable energy consumption targets and milestones for the State—and the current economic conditions which have “stalled the renewable industry,” the Public Service Commission (“PSC”) has increased, effective February 14, 2013, the cap on available incentives for “customer-sited” or “behind-the-meter” on-site wind turbine installation projects.
Continue Reading NYS Public Service Commission Approves Increased Incentives for On-Site Wind Energy Program