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Brexit and Environmental Law

The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government to draft and enact U.K.-specific environmental laws and regulations that are more attuned to issues facing the country. Others believe the departure could lead to deregulation, a lack of consistency and stability, and potential decreases in advances made.

Joint Application of Westar Energy, Inc. and Kansas Gas and Electric Co.

The Kansas Supreme Court held unlawful a rate design approved by the Kansas Corporation Commission under which utilities charged residential customers generating their own electricity from a renewable source (DG customers) a higher price than they charged non-DG customers. The utilities argued that ...

LSP Transmission Holdings, LLC v. Sieben

The Eighth Circuit upheld the dismissal of a constitutional challenge to Minnesota's right of first refusal (ROFR) law. An electric transmission company argued the law, which granted incumbent transmission owners a ROFR to construct, own, and maintain transmission lines that connect to their existin...

Annual Review of Chinese Environmental Law Developments: 2019

The Communist Party of China (CPC) reaffirmed its emphasis on environmental protection in a decision adopted by the fourth plenum of its 19th Central Committee, held in December 2019.1 Part 10 of this decision specifically addresses environmental protection under the topic of Developing a System of Rules for Ecological Civilization, and consists of an introductory paragraph and four additional paragraphs calling for (1) the most stringent legal rules for environmental protection, (2) rules on the efficient use of resources, (3) rules on ecological protection and restoration, and (4) ru

NextEra Energy Capital Holdings, Inc. v. Walker

A district court held that a Texas right-of-first-refusal law giving existing electricity transmission providers in the state a preference to build and operate new lines is constitutional. An energy company argued the Texas law barred it from obtaining a certificate of convenience and necessity for ...