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Avista Issues Request For Solar Energy Proposals

Responses are due May 5 with selection to be made by June 30. The selected project is expected to commence operation on or before October 31, 2018.

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Washington Court of Appeals Significantly Expands Scope of Liability for Hazardous Waste Cleanup

Thanks to a decision issued by the Washington Court of Appeals on December 28, 2016, Washington property owners and lessors will greet the new year facing a substantially expanded scope of liability under the Model Toxics Control Act (“MTCA”). MTCA governs the cleanup of Washington properties contaminated with hazardous wastes. Under MTCA’s expansive liability scheme, the “owner or operator” of a hazardous waste site is strictly liable for the costs of cleaning up the site, along with entities that contributed directly to the contamination through disposal or transportation of hazardous wastes.

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Ninth Circuit Approves EPA’s Approach to Greenhouse Gas Emissions from Biomass-Fired Cogenerators

On September 2, the U.S. Court of Appeals for the Ninth Circuit upheld the U.S. Environmental Protection Agency’s approach to regulating greenhouse gas emissions from cogeneration facilities fueled by biomass, the first such decision by any circuit court.

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Ninth Circuit Orders BPA To Reconsider Recovery of Improper Payments to DSIs

Last week, the U.S. Court of Appeals for the Ninth Circuit ordered the Bonneville Power Administration to reconsider whether it should seek recovery of improper payments made to certain Direct-Service Industrial (“DSI”) customers.

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Latest Round in PURPA Wars: Fifth Circuit Upholds Texas Rule Limiting PURPA Rights of Wind Generators

Earlier this week, the United States Court of Appeals for the Fifth Circuit issued the latest salvo in the PURPA wind wars, this time handing wind producers a painful defeat.

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U.S. Appeals Court Concludes FERC Lacks Authority to Fine Federal Entities for Reliability Violations

In a ruling that could have far-reaching implications for the electric reliability here in the Pacific Northwest, the U.S. Court of Appeals for the District of Columbia Circuit today found that the Federal Power Act does not authorize the Southwest Power Administration (“SWPA”) to pay fines for admitted violations of mandatory electric reliability standards.

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Regulating Emergency Generators: EPA Denies Rehearing of RICE Rule, Appeals Court is Next Stop

On August 15, the U.S. Environmental Protection Agency (“EPA”) issued a notice denying petitions for rehearing of its new rules governing air emissions from stationary Reciprocating Internal Combustion Engines (“RICE”).

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Milestone in Transmission Regulation: U.S. Court of Appeals Upholds Order No. 1000

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit rejected a host of challenges to the Federal Energy Regulatory Commission’s (“FERC”) Order No. 1000, upholding the order in its entirety. As we’ve previously discussed, Order No. 1000 aims to create a level regulatory playing field for independent transmission developers, thus encouraging new sources of badly-needed investment in the nation’s transmission infrastructure.

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