Representative Engagements - Climate Change and Energy
Pepper provides counseling, advocacy, and dispute resolution services concerning
climate change, and other energy issues, to a wide range of domestic and foreign
companies, including those generating and transmitting energy, with operations sensitive
to energy prices. Other clients develop technology and products that use less energy
and emit lower levels of greenhouse gases (GHG).
For example, Pepper represents an industrial company commenting on proposed California
and Cook County, Illinois GHG emission regulations. Pepper is representing a company
in determining whether and to what extent the company will need to address carbon
dioxide emissions in an air pollution permit for a new coal-fired electric power
plant.
Pepper is advising a trade association commenting on a California proposed regulation
and draft federal bill that would require labeling and/or “regulation”’ of the energy
efficiency of their member’s products.
Pepper represented a Pennsylvania electric utility in connection with the state’s
regulations governing emissions of nitrogen oxides (NOx). We were successful in
obtaining an additional allocation of valuable emissions allowances for the client,
which raises issues very similar to GHG emissions.
We have represented an independent power producer in the sale of emission reduction
credits, and have counseled various clients in the regulatory requirements for banking
emission reduction credits for future use and sale, an issue that will emerge in
the context of GHG emission controls.
We represented a developer securing environmental permits for construction of Pennsylvania’s
first “green” technology building that used high-technology to reduce energy consumption,
maximized the use of sustainable materials and minimized indoor air quality hazards.
The project was built on a former landfill and serves as a model for other green
building projects. Pepper advised a company on the potential future GHG emission
and coal ash liability of a coal mining operation.
On behalf of a trade association, Pepper successfully advocated to the Internal
Revenue Service that the biomass tax emption in the 2005 Energy Act is not lost
if the company uses tire-derived fuel as a supplemental fuel. For this trade association,
Pepper also prepared and filed an amicus curiae brief advocating that the Clean
Air Act and other federal environmental statutes allow tires to be used as fuel
without requiring the unit to be permitted as an incinerator. Pepper also prepared
comments on the definition of solid waste, to exclude tire-derived fuel from the
definition of solid waste.
Pepper attorneys negotiated the transfer of an underground injection well permit
for the secondary recovery of oil pursuant to the federal underground injection
program, the same program that is likely to regulate the sequestration of carbon
dioxide emissions from power plants.
Pepper counseled clients on a broad range of regulatory issues, including issues
arising from the Federal Power Act, the Natural Gas Act, the Energy Policy Act of
1992, the Public Utility Regulatory Policies Act of 1978 and the Price-Anderson
Act. Recently, we began advising a power marketer on regulatory issues relating
to the development of merchant power plants in several different states. We also
represented clients in merger and restructuring proceedings before the Federal Energy
Regulatory Commission (FERC) and before various state public utility commissions.
In addition, we counseled an electric utility located in the Midwest and an energy
supplier located in the mid-Atlantic on restructuring issues arising from FERC Order
No. 888, Order No. 2000, and later FERC orders. We also represented a power marketing
firm in proceedings before FERC, including proceedings relating to another utility’s
sale of jurisdictional assets for the purpose of avoiding FERC review of a proposed
acquisition. We represent clients in proceedings before state public utility commissions.
Recently, for example, we represented the owner of an interstate transmission system
in a proceeding before the Maryland Public Service Commission focusing on whether
a company that buys electric power from utilities located in many different states
and then resells power to various end users is a “retail customer” under Maryland
law.
We represented a utility based in New England in proceedings before the U.S. Department
of Energy relating to a presidential permit for the importation of electric power.
We advised another client regarding federal legislative action required to eliminate
state permitting requirements for construction of new transmission and distribution
lines. We counseled a Canadian utility regarding regulatory issues associated with
increased exportation of power to U.S. utilities and/or direct sales of electricity
to U.S. manufacturing firms. In addition, we represented an integrated oil company
in federal and state regulatory proceedings relating to the construction and operation
of a cogeneration unit.
