Week Ahead in Energy and Environment: Nov. 1, 2021

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NEW YORK, Oct 29 (Reuters) – Listed here are some approaching activities of curiosity to the energy and environmental law community. Except if or else noted, all situations are regional, and courtroom appearances are digital thanks to the COVID-19 pandemic.

Monday, Nov. 1

10 a.m. CDT – The Minnesota Office of Normal Sources (DNR) will keep a prehearing convention ahead of a contested case hearing in excess of a permit necessary by PolyMet Mining Corp to create an open-pit copper mine in the state’s rural north. The Minnesota Supreme Courtroom in July requested DNR to maintain the listening to, which will deal with PolyMet’s proposal to line the $1 billion mine’s tailings dam waste rock storage facility with bentonite clay. The task is positioned in the Minnesota’s Iron Assortment, about 200 miles north of Minneapolis.

The case is In the Make a difference of the NorthMet Undertaking Permit to Mine Application, Minnesota Division of Organic Methods, No. OAH 60-2004-37824.

For Minnesota Section of All-natural Resources: Jon Katchen of Holland & Hart and Sherry Enzler with the Minnesota Office of Pure Methods

For Poly Satisfied Mining, Inc.: Jay Johnson and Kathryn Kusske Floyd of Venable and Monte Mills and Davida McGhee of Greene Espel

For Centre for Organic Range et al: Ann Cohen with the Minnesota Centre for Environmental Advocacy

For Fond du Lac Band of Lake Remarkable Chippewa: Vanessa Ray-Hodge of Sonosky, Chambers, Sachse, Endreson & Perry and Sean Copeland with the Fond du Lac Band of Lake Top-quality Chippewa

For WaterLegacy: Paula Maccabee of Just Adjust Law Workplaces

For Close friends of the Boundary Waters Wilderness: Margo Brownell and Evan Nelson of Maslon.

Tuesday, Nov. 2

2 p.m. – The Environmental Protection Agency will maintain a webinar through which members of its PFAS Council will discuss the agency’s options for the coming months and decades to defend public wellbeing and the setting from the impacts of polyfluoroalkyl and perfluoroalkyl substances, or PFAS. The function arrives in the wake of the company releasing a 3-calendar year roadmap to limit environmental contamination involving PFAS.

Wednesday, Nov. 3

9:30 a.m. – The U.S. Circuit Courtroom of Appeals for the D.C. Circuit will listen to oral arguments in a bid by Duke Electricity Development, LLC to vacate Federal Electrical power Regulatory Fee (FERC) orders relevant to its full-needs buy settlement to offer electricity to the North Carolina Jap Municipal Electric power Company (NCEMPA). Such agreements obligate the vendor to satisfy all the electric power requires of the shopper and to approach the seller’s electricity program. Duke claims that FERC’s orders arbitrarily and capriciously interpret the offer as allowing for NCEMPA to deploy battery storage means to improved provide its shoppers in the course of peak several hours. Duke claims the measure contradicts the contract’s plain text.

The circumstance is Duke Electrical power Progress, LLC v. FERC, U.S. Circuit Courtroom of Appeals for the D.C. Circuit, No. 20-1495.

For Duke Electricity Development, LLC: Misha Tseytlin of Troutman Pepper Hamilton Sanders

For FERC: Scott Ediger with FERC

For North Carolina Jap Municipal Electric power Company: Gary Newell of Jennings, Strouss & Salmon

Friday, Nov. 5

Friday is the deadline for environmental teams the Heart for Organic Range and the Turtle Island Restoration Network to file an amended grievance in their lawsuit claiming the Fish and Wildlife Support failed to update documents applied to gauge the health and fitness of Pacific walruses and other marine mammals, leaving the animals extra vulnerable to professional actions. A federal choose in San Francisco on Oct. 20 dismissed the groups’ lawsuit.

The case is Middle for Organic Diversity, Inc. et al v. de la Vega et al, U.S. District Courtroom for the California Northern District, No. 3:21-cv-01182.

For Center for Organic Variety, Inc. et al: Miyoko Sakashita and Emily Jeffers with the Center for Organic Range

For de la Vega et al: Taylor Mayhall with the U.S. Office of Justice

12 p.m – Deadline for disbarred attorney Steven Donziger to post to the 2nd U.S. Court docket of Appeals a brief to problem reduce court choices that convicted him for felony contempt and sentenced him to 6 months’ imprisonment. Donziger’s legal situation springs from submit-judgment orders in a civil situation in which a Manhattan choose in 2014 barred enforcement in the United States of a $9.5 billion judgment against Chevron which Donziger experienced gained in an Ecuadorian court docket. The decide located the ruling experienced been received by way of fraud.

The scenario is United States of The united states v. Donziger, 2nd U.S. Circuit Courtroom of Appeals, No. 21-2486.

For United States of The united states: Rita Glavin of Glavin PLLC

For Donziger: William Taylor of Zuckerman Spaeder

Know of an occasion that could be integrated in Strength & Environmental Legislation? Speak to Sebastien Malo at [email protected]

Sebastien Malo

Sebastien Malo experiences on environmental, local climate and electricity litigation. Attain him at [email protected]