McLean joins enviro group at McCarter & English

Marshall McLean

McCarter & English LLP announces that Marshall B. McLean is joining the firm in its Environment & Energy and Corporate Practice Groups as special counsel, JD Journal reports


McLean will be working at the firm’s office in Newark, New Jersey.
“Renewable energy projects and services are a rapidly growing segment of our economy here in New Jersey, around the United States and throughout the world,” Ira M. Gottlieb, the Environment & Energy Group leader at the firm said. “Marshall is a leader in advising developers, lenders and contractors on legal issues in the solar energy business.”

McLean graduated from Washington & Lee University School of Law with a J.D. He earned his B.A. in Government and Legal Studies from Bowdoin College. McLean is admitted to the bar in New Jersey and New York. He was named a “Rising Star” by New Jersey Super Lawyer Magazine in 2011.
McLean worked at the law firm of Reed Smith LLP in their Corporate & Securities and Energy & Natural Resources Groups. The firm is based in Princeton, New Jersey.

McLean is a resident of Bernardsville, New Jersey. He has worked on two solar projects in California and New Jersey with the project in New Jersey being the largest in North America.

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Related: 
McCarter & English news release 

How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark
Judge tosses NY Delaware River Basin fracking suit 

McLean joins enviro group at McCarter & English Read More »

Having a look under the hood of NJ’s revised LLC law

While recently enacted changes to New Jersey’s Limited Liability Company Act don’t fall under the heading of ‘environmental’ issues, we think they might be of interest to many of the folks who read this blog on a regular basis.

Robert A. Marsico

So we’re taking the liberty of reproducing below the full text of a recent  posting by Bob Marsico in the Scarinci Hollenbeck law firm’s Business Blog. 

                                 *********************

New Jersey’s limited liability companies will now be able to operate more freely under modernized rules recently signed into law by Governor Chris Christie. The law is modeled after the Revised Uniform Limited Liability Company Act adopted by the National Conference of Commissioners on Uniform State Laws and is intended to make New Jersey more business friendly to LLCs.
The Revised Uniform Limited Liability Company Act is the first significant overhaul since the New Jersey Limited Liability Act was enacted in 1993. The changes were recommended by the Red Tape Review Commission, which we have previously discussed on this New Jersey business law blog.
Some of the most notable changes include the following:
  • Duration: Like corporations, LLCs will now have a perpetual duration unless the operating agreement specifies otherwise.
  • Purpose: LLCs can now be formed “for any lawful purpose, regardless of whether for profit.” This clarifies that LLCs may be used to carry out non-profit operations.
  • Operating Agreements: Governing agreements are no longer required to be in writing, but may be oral or implied. The new law also allows the operating agreement to mandate that amendments require the approval of a person who is not a party to the operating agreement or the satisfaction of a condition in order to be effective.
  • Statement of Authority: The new law provides for the use of statements of authority, which establish the authority of certain individuals to act on behalf of the LLC. The documents will be filed with the Office of Commercial Recording.
  • Resignation Rights: A resigning member of an LLC will no longer be entitled to receive the fair share value of the member’s LLC interest. Under the new rules, a resigning member is dissociated from the LLC and only has the rights of an economic interest holder.
  • Remedies for Oppressed Members: The new rules provide certain remedies for minority members. For example, a member may seek a dissolution order from the New Jersey Superior Court on the grounds that the controlling members have acted in a manner that is oppressive or harmful.
The new rules go into effect on March 20, 2013 for limited liability companies formed after that date. Existing LCCs will fall under the purview of the new regime starting on April 1, 2014.

How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark
Judge tosses NY Delaware River Basin fracking suit

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For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment  
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Having a look under the hood of NJ’s revised LLC law Read More »

Read how money is shaping the national fracking debate

From Money to Burn published in Earth Island Journal:

The American energy industry is at a pivotal moment. New technologies like horizontal drilling and hydraulic fracturing (or fracking) have opened vast deposits of petroleum and methane that were previously inaccessible. While the glut of natural gas has helped to drive coal’s share of US electricity generation to an all-time low (and, in the process, has flattened out the country’s carbon dioxide emissions), it has also put drilling companies in a financial squeeze. Caught between low gas prices and the high costs of shale gas extraction, many companies are looking for ways to either cut corners or increase prices via a rise in demand. Natural gas producers are pressing hard for gas exports, increased reliance on natural gas for electricity generation, and subsidies for trucks and buses that run on natural gas. Oil companies, meanwhile, are demanding more shale drilling on public lands. And environmentalists, of course, are pushing back against these efforts, arguing that the drilling rush is endangering water quality and wildlife habitat and reducing the market incentives for creating the kind of renewable energy system that will further reduce CO2 emissions.
The high stakes translate into a political battle royale as the fossil fuel industry commits to spending whatever it takes to influence voters and elect politicians who are sympathetic to its interests.
The oil and gas industry has been a political juggernaut since the days of John D. Rockefeller and Standard Oil, and few sectors of society can match the industry’s influence in Washington. Since the 1970’s, when the nation’s cornerstone environmental laws were set in place, the oil and gas industry has again and again won major exclusions from environmental laws like the Clean Air Act, the Clean Water Act, and the Safe Drinking Water Act. Drillers’ waste is exempt from many standards on handling hazardous waste, and the so-called “Halliburton loophole,” passed in 2005, ensured that fracking lay outside of the purview of federal rules designed to protect the nation’s aquifers. The industry’s political clout is perhaps best demonstrated by the largesse it continues to receive from taxpayers – more than $55 billion in federal subsidies between 2011 and 2015 – even in an era of austerity.
In recent years, oil and gas companies have put their political machine into an even higher gear. In 2009, the American Gas Association spent more than $1.1 million on federal lobbying, nearly double the $581,000 it spent in 2006. According to a report from Common Cause, federal campaign contributions from fracking industry employees and their political action committees (PACs) have skyrocketed since the drilling rush began. In 2006, the fracking industry made about $1.6 million in campaign contributions; by 2010 that figure had grown to $4.5 million. So far in this election cycle, the oil and gas industry as a whole has made more than $30 million in campaign contributions to members of Congress and to fossil fuel PACs, putting the industry on track to break the record $37 million it spent during the 2008 election.
By comparison, as of late July alternative energy companies had made less than $1.4 million in contributions to federal campaigns.
The industry is also focused on speaking directly to voters to try to sway the outcome of the fall election. Just two industry associations – America’s Natural Gas Alliance and the American Petroleum Institute – have poured well more than $125 million into multimedia ad campaigns over the past three years. In January, the American Petroleum Institute (API) launched a saturation-style ad campaign dubbed “Vote 4 Energy.” The campaign by API features mainstream-looking people proclaiming that they are “energy voters” who support American jobs and drilling for domestic oil and gas. Jack Gerard, president and CEO of API, said during a January 4 speech: “API worked to ensure that energy issues were prominent in policy discussions in several early primary states last year, and we will ensure they remain front-and-center in all states.”
As a result of such paid media campaigns, television viewers are far more likely to see commercials extolling the benefits of natural gas than they are to see news reports on the controversy, according to an analysis by the media watchdogs at Fairness and Accuracy in Reporting. Five broadcasters – ABC, CBS, NBC, CNN, and Fox – produced a total of nine news segments focused on fracking between January 2009 and November 2011, amounting to less than an hour of coverage. By contrast, 530 ads for “America’s oil and gas industry” or “America’s natural gas” aired on those stations during the same time period. Those 500-plus ads total four and a half hours of broadcasting.

Care to add your two-cents worth to the debate over fracking?  Use the comment box below. If one is not visible, activate it by clicking on the tiny ‘comments’ line.

How you can track FOIA requests pending at the EPA
Hess wins key air permit for gas power plant in Newark

Judge tosses NY Delaware River Basin fracking suit  
Decision signals death of ‘public nuisance’ climate cases 

Read how money is shaping the national fracking debate Read More »

Pa charities spending millions to keep an eye on fracking

“Citizens groups and nonprofits around the nation are asking questions about environmental and health impacts of natural gas hydraulic fracturing, or fracking, and Pennsylvania charities are funding much of the debate, here and in other states.
“Foundations from Philadelphia to Pittsburgh have provided more than $19 million for gas-drilling-related grants since 2009, according to an Associated Press review of charity data. The money has paid for scientific studies, films, radio programs, websites and even trout fishing groups that monitor water quality.
“That’s led to expressions of gratitude from those who say state and federal governments aren’t doing enough on the issue, but also protests from some in the gas drilling industry, who claim there’s bias in the campaigns.
Read the full Associated Press story here.

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Decision signals death of ‘public nuisance’ climate cases 
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Pa charities spending millions to keep an eye on fracking Read More »

How you can track FOIA requests pending at the EPA

Starting today, anyone filing requests with the Environmental Protection Agency under the Freedom of Information Act (FOIA) should find it easier to track the status of requests and receive agency correspondence and documents.

The new system, called FOIA Online, allows anyone to search pending FOIA requests and documents already released as the result of previous FOIA requests, submit a new FOIA request to an agency, track requests, see the status of any request and receive agency correspondence and documents all within the new system.

The Sunshine in Government Blog calls it a:

"
watershed moment in FOIA processing because it is a serious effort by the federal government to create a friendlier way for the public to exercise our right to information held by the government – and it’s a more efficient way for agencies to respond to FOIA requests."
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For thorough coverage of environmental news, issues, legislation and regulation in New Jersey and Pennsylvania, try a FREE subscription to EnviroPolitics, our daily newsletter that also tracks environment/energy bills–from introduction to enactment 

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Related:
FOIA Online goes live; new tool to track FOIA requests, responses 

Our most recent posts:
Hess wins key air permit for gas power plant in Newark
Judge tosses NY Delaware River Basin fracking suit 
Decision signals death of ‘public nuisance’ climate cases
NJ Gov. Christie delivers one-two punch to enviro bills
NJ lawmakers take alternative-fuel vehicles for a test run
RGGI sees fewer bidders but still raising tens of millions 

How you can track FOIA requests pending at the EPA Read More »

Hess wins key air permit for gas power plant in Newark

Hess Corp logo 

New Jersey environmental regulators have approved a key air pollution control permit
that will enable the Hess Corp. to build a 655-megawatt, natural gas-fired power plant
in Newark, NJ’s Ironbound section.


Construction is targeted to begin before the end of the year, following a 45-day EPA
air operating permit review.

Opposed by environmental groups


In May, the city’s planning board voted 7-1 to approve construction of the facility over
the objections of some neighbors and environmental groups like the Sierra Club who
argued  that the Ironbound already had more than its share of industrial facilities.


"You’re taking a community that has had more impact of pollution than almost any
other place in the United States and now you’re going to put up a power plant," Sierra
Club director Jeff Tittel said. "Instead of helping a community overcome its industrial
past and move forward, you’re throwing it backward."  

But Adam Zipkin, Newark’s deputy mayor of economic development, said that the city’s independent experts had "scrutinized the potential impact of this proposed plant on
Newark’s air quality"  and found the project “ is
likely to result in a net improvement to air quality by allowing the more polluting generators in our area — the coal and peaker plants — to run less often." 

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Questions about impact on taxpayers

NJBIZ
reports that “Under New Jersey’s Long-Term Capacity Agreement pilot program, or LCAPP, the Hess plant is one of three natural gas-fueled projects
eligible for payments from the state to make up the difference between price guarantees offered by the Board of Public Utilities and what utilities will pay the firms for electricity generation.


The price guarantees are meant to be incentives for the companies that build new power plants in the state, helping to lower electricity rates for residents. But critics of LCAPP are taking aim at the newly released Board of Public Utility contracts.


"It skews the marketplace significantly and will have lasting implications for decades," said Glen Thomas, president of PJM Power Providers Group. The organization aims to promote competitive wholesale electricity markets in the served PJM Interconnection Inc.‘s 13-state regional power grid.

In 2015, when a 15-year contract with CPV would begin, the state would pay the company nearly $30 million as a result of the subsidy program. That could potentially pave the way for more payments in subsequent years, as long as the market price for capacity stays below the state’s price guarantees.

For Hess, which has a contract starting in 2016, the first payout could be around $12 million, according to calculations based on data provided by the BPU. In the cases of both generators, Thomas said, "New Jersey ratepayers are now on the hook for the next 15 years to be paying what’s likely to be a very substantial premium." 

Job creation and economic benefits to Newark

The plant is expected to bring 400 new jobs during the three years of construction and 26 when it becomes operative, according to John Schultz, vice president of Energy Operations for Hess.

Hess promises to pay the city about $100 million over the next 30 years.

The Star-Ledger reports that the first $25 million will come right away in easements, environmental programs, a boiler replacement program and rehabilitation of the Ironbound Stadium.  The rest will come in payments in lieu of taxes — $2.6 million a year over the course of 30 years.

The $750 million plant would be erected near Newark Bay on a site, near a police firing range and the Essex County Correctional Facility, where Hess currently has maintains storage tanks. The property is a mile from the nearest private residence. 

Related stories
:

Newark power plant secures environmental approval
If Newark gets new power plant, do residents get shaft?

Our most recent posts: 
Judge tosses NY Delaware River Basin fracking suit 
Decision signals death of ‘public nuisance’ climate cases  
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RGGI sees fewer bidders but still raising tens of millions 

Hess wins key air permit for gas power plant in Newark Read More »