Practical perspectives for contemporary legal challenges.
On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule establishing drinking water standards for seven PFAS[1] compounds. The required regulatory impact statement (RIS) did not consider compliance costs associated …
Continue reading “Michigan Court of Appeals Strikes State PFAS Drinking Water Standards”
Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a certificate for environmental compatibility and public need (“Certificate”) to construct the Emerson Creek Wind Farm, effectively authorizing …
Continue reading “Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm”
Economic fluctuations bring about a number of difficult decisions for businesses operating in mining and energy industries in the form of staffing levels, production capacity increases or reductions, areas of expansion or contraction, supply chain challenges and overall business strategies. With the current rollercoaster that commodity prices are on, in light of the demand ebbs …
Ohio’s longstanding energy policy debate came to a (temporary) conclusion on July 23, 2019, when Governor Mike DeWine (R) signed House Bill (HB) 6 into law. The bill will have significant consequences for existing electricity resources in the region, as well as Ohio’s renewable portfolio standard and energy efficiency programs. Of course, that’s only if …
As the renewable energy industry continues to grow and alternative forms of clean energy (wind, solar, hydro, geothermal, biomass, etc.) proliferate nationwide, state lawmakers are more than ever discussing comprehensive approaches to energy policy. Indeed, states across the country are rapidly reconsidering the diverse array of laws that impact energy developers / public utilities, including …
On March 15, 2018, the Ohio Power Siting Board (OPSB) finalized proposed additions and revisions to administrative regulations associated with commercial scale wind farms. The finalized rule package is the result of a two-year review process, complete with three separate stakeholder comment periods, an opportunity for rehearing, and numerous different iterations of proposed rules. A …