Katherine McCarley

By Daniel Carlston and Zachary Gerson - In our fifth blog post discussing the 2024 Massachusetts Clean Energy Bill, we summarize changes to Massachusetts law affecting natural gas use.

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Overwhelmed by MA's recently enacted clean energy bill? Foley Hoag LLP is publishing a blog series summarizing key aspects of the bill, starting with a high-level overview of key #EV provisions:

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📢 New Blog Post Alert! 📢 My latest blog reviews New York's progress under the Climate Leadership & Community Protection Act (CLCPA). The Draft Clean Energy Standard Biennial Review shows significant advancements in renewable energy but predicts the 70% target may be reached by 2033 instead of 2030. Key challenges include economic conditions, supply chain disruptions, and grid upgrades, yet the state's commitment to clean energy remains strong. #RenewableEnergy #CleanEnergy #ClimateAction #NewYork #CLCPA [Read the full blog post here: https://lnkd.in/e3GNpPRB

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NEW Chevron Deference Resource Center: The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo has overturned Chevron deference, upending 40 years of administrative law. Reed Smith's Resource Center is your go-to for understanding the implications of this historic decision. Explore webinars, alerts, and insights from our attorneys. #ChevronDeference #SCOTUS #Regulation

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In the recent decision of New Jersey Conservation Foundation, et al. v. FERC, the D.C. Circuit Court vacated FERC’s approval of Transco’s Regional Energy Access Expansion Project. The court criticized FERC’s failure to assess the significance of greenhouse gas emissions, questioned the market need based on precedent agreements, and set a new precedent by vacating rather than remanding the order. This ruling highlights growing judicial scrutiny on environmental reviews and market demand assessments, signaling potential delays and uncertainties for future gas pipeline projects. https://lnkd.in/egBrurjq

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Check out our latest blog post on the Bureau of Ocean Energy Management’s first auction in the Gulf of Maine!

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On May 8, 2024, Governor Josh Shapiro signed into law Act 2024-12, which establishes a formal arbitration process for resolving family law disputes in Pennsylvania. The new law takes effect on July 7, 2024. Arbitration is an alternative to traditional courtroom litigation, where the parties agree to have their divorce, support and other family law issues decided by a neutral third-party arbitrator instead of a judge. In her blog post, family law attorney Dori Green provides several advantages and potential disadvantages to arbitration, and concludes that the new arbitration law is a positive step in giving Pennsylvania families more options for resolving their disputes outside an overloaded court system. https://lnkd.in/ebSE8dJP #HASPSFamilyLaw #Arbitration

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Nextera Energy v #Spain - 23-7031 - Opinion - 16 August 2024 https://lnkd.in/eYmFiB3S Before: PILLARD and PAN, Circuit Judges, and ROGERS, Senior Circuit Judge. Opinion for the Court filed by Circuit Judge PILLARD. Opinion dissenting in part filed by Circuit Judge PAN. PILLARD, Circuit Judge: A collection of Dutch and Luxembourgish energy companies made investments in the Kingdom of Spain in reliance on promised economic subsidies. Several years later, in the wake of 2008 financial crisis, Spain withdrew those subsidies to control costs. The companies challenged Spain's action. Instead of going to court, they invoked an arbitration clause in the Energy Charter Treaty, a multilateral investment treaty whose signatories include most countries within the European Union, among them Spain, the Netherlands, and Luxembourg, along with some countries outside of Europe. The companies prevailed in their respective arbitrations and secured multi-million-euro awards. The European Union, however, has taken the position that the Energy Charter Treaty's arbitration provision does not apply to disputes between a national of one EU Member State and another EU Member State, and so the resulting arbitral awards are invalid as a matter of EU law. If the companies sought to enforce the awards in an EU national court, they would lose. So, the companies came to the United States. Although the United States is not a signatory to the Energy Charter Treaty, it is a signatory to other treaties--namely, the ICSID Convention and the New York Convention--that obligate it to enforce certain foreign arbitral awards. Invoking those treaties, the companies filed enforcement petitions in the United States District Court for the District of Columbia. ... PAN, Circuit Judge, dissenting in part: I concur with the court's holding that the district court has jurisdiction under the Foreign Sovereign Immunities Act to hear the instant cases and to confirm the arbitration awards at issue. But I believe that the majority errs in vacating the anti-suit injunctions imposed by the district court. I disagree with the majority's approach to applying the abuse-of-discretion standard of review: The majority appears to perform its own balancing of interests and to substitute its own judgments for those of the district court. In so doing, the majority opinion gives insufficient weight to the United States' interest in upholding the ICSID Convention, overlooks Spain's lack of comity and apparent bad faith, and ignores the district court's finding that the injunctions were necessary to prevent irreparable harm to NextEra and 9REN. ...

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Have you kept up with the latest changes to the New Jersey Court Rules that could impact your civil litigation practice? Attorney Robert Lufrano highlights several amendments and their implications for civil litigators, from service by email to corporate representative depositions and requests for admission. #Law #Litigation #NewJersey

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We are proud to announce that Partner John Parker, who leads the Environmental, Energy and Resources Practice Group will serve as Chair of the Annual Legislative Forum of the Environmental and Energy Law Section of the New York State Bar Association. This year’s event will address major developments in the intersection of climate change and markets. It is entitled ““Encouraging Environmental Sustainability and Managing Climate Risk: The Increasing Role of Markets in Meeting the Climate Change Challenge.” We encourage all interested to register and attend the Annual Legislative Forum which is free of charge but requires registration. The link to register is below. #environmentallaw #climatechange #forum #nysba #sahnwardbraffkoblenzcoschignano 

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🚨 NJ Appellate Division Decision – Jurisdictional Law on Sex Abuse Litigation 🚨 On February 28, 2024, the NJ Appellate Division decided E.T., A.M., A.R., and others v. The Boys and Girls Clubs of America, reversing the lower court's decision that New Jersey courts have specific personal jurisdiction over the Boys and Girls Clubs of America (BGCA) in a case involving allegations of sexual abuse by a counselor within The Boys and Girls Clubs of Hudson County. This pivotal decision highlights the complexities of jurisdictional law, particularly in cases involving national organizations with local affiliates.   In this case, the plaintiffs alleged they were sexually abused by Arthur Freudenberg, a part-time counselor for the Hudson County BGC, between approximately 1978 and 1982. They sought compensatory and punitive damages from the local entity and the national organization, BGCA. However, jurisdictional discovery showed that BGCA, based in Georgia, did not have direct control over the local club's hiring, training, or supervision practices, including those of Freudenberg. The Appellate Division found that BGCA's connection to New Jersey, through affiliation and brand used by the Hudson County BGC, did not constitute purposeful availment of New Jersey jurisdiction concerning the allegations.   This decision significantly marks the limits of specific personal jurisdiction and underscores the need for clarity in the operational relationships between national organizations and their local affiliates.   Read the Full Decision Here: https://lnkd.in/ePagx6NE   Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases.   Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ No aspect of this advertisement has been approved by the Supreme Court of #NewJersey   🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

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In my third blog post discussing the 2024 MA clean energy bill, I take a closer look at some of the bill’s key #EV measures. Check it out and stay tuned for more Foley Hoag LLP coverage of the bill's many provisions - coming soon.

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In today’s Environmental Law & Litigation client alert, Lowenstein’s John Stolz, Mark Heinzelmann, and Brian Winfield explore the NJ Department of Environmental Protection's Proposed Rule, which would require reporting of contamination found during environmental due diligence, thereby potentially reshaping New Jersey's real estate market. Read the full alert: https://bit.ly/3CK0R48 #environmentallaw #realestatelaw #newjersey #environmentalprotection #environmentalsustainability

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I enjoyed digging into this fascinating D.C. Circuit case with potential implications for RTOs, climate groups, and FERC practitioners writ large. Jennifer Fischell and I are looking forward to discussing these (and many more!) issues at the Energy Bar Association Annual Meeting later this week!

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Please join my colleagues for a discussion on how the 2024 election results could affect energy policies and legislative developments heading into the new year at our Tenth Annual Energy Industry Update on Thursday, November 14, in Pittsburgh, PA. #energylaw #energydevelopment #energyregulation #energyindustry

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The New York Public Service Commission is conducting its Biennial Review of the Clean Energy Standard, which drives the state's renewable energy procurements. Reply comments on the Draft Review were posted this morning, and final approval of the Review could come as soon as December 2024. What to watch for: - Changes to Tier 1 bid evaluation, with more focus on project maturity - Increased attention on procuring onshore wind - Aid to legacy small- and mid-size hydro facilities and more: https://lnkd.in/dTid_das

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