Barry Hartman

Barry Hartman

K&L Gates LLP

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U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

8/29/2014 - Australia Endangered Species Act Energy Projects Exports Extraterritoriality Rules Financing Imports Liquid Natural Gas Oil & Gas Project Finance

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more

6/26/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After...

On June 6, 2014, the U.S. Court of Appeals for the District of Columbia issued a decision in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, that could significantly impact efforts to expand...more

6/20/2014 - Appeals Energy Energy Projects Environmental Policies FERC Marcellus Shale Natural Gas NEPA Pipelines Renewable Energy

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS Transport Rule

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

4/14/2014 - Canada Clean Water Act EPA Maritime Transport Permits Shipping USCG Vessels Water

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

4/4/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States Wetlands

EPA and Coast Guard Disagree on How to Address Industry Obligations to Meet January 1, 2014 Implementation Deadline For New...

Under the National Invasive Species Act of 1996, the U.S. Coast Guard regulates ballast water discharged from vessels by requiring installation of certain technologies that treat ballast water prior to discharge. The...more

1/7/2014 - Coast Guard EPA Water

U.S. Court of Appeals Orders the Nuclear Regulatory Commission to Resume Yucca Mountain Licensing Proceeding, Upholding Rule of...

On August 13, 2013, the U.S. Court of Appeals for the District of Columbia Circuit took the rare step of granting a Petition for Writ of Mandamus compelling the Nuclear Regulatory Commission (“NRC”) to resume the licensing...more

8/16/2013 - DOE Nuclear Power Nuclear Regulatory Commission Nuclear Waste

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

5/30/2013 - Bird Fatalities Department of Fish and Wildlife Renewable Energy Wind Power

EPA Issues 2013 Vessel General Permit

On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

4/2/2013 - Clean Water Act EPA Permits Vessels

EPA Proposes Revisions to the Renewable Fuel Program to Prevent Fraud and Protect Innocent Traders in Renewable Identification...

Introduction - In 2007, the Environmental Protection Agency (“EPA”) established a program for trading renewable fuel credits (called “Renewable Identification Numbers” or “RINs”) for companies that were unable to produce...more

2/25/2013 - EPA Fraud Renewable Fuel Standard RINs

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