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FERC Announces Major Policy Changes for Certification of Natural Gas Facilities, Including Consideration of Greenhouse Gas...

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two interconnected policy statements (the “Policy Statements”) regarding its review and certification of interstate natural...more

Infrastructure Investment and Jobs Act Summary of Key Programs and Provisions

[co-author: Christina Barone] The Infrastructure Investment and Jobs Act (the “bill”) is historic bipartisan legislation that will make available $1.2 trillion in funding for infrastructure programs across the...more

What’s Next for Innovation in the U.S. Oil, Gas and Coal Sectors under the Biden-Harris Administration?

Key Points - In the lead-up to November’s COP26 meeting in Glasgow, the United States has joined much of the rest of the world in its pursuit of a clean-energy economy that reduces emissions and environmental impacts from...more

The Biden-Harris Administration’s “Whole of Government” Approach to Combating Climate Change: Who You Heard From at the Climate...

President Biden’s Leaders Summit on Climate has wrapped up. The event saw world leaders highlighting their countries’ respective climate commitments, calling for collective action, and attending breakout sessions designed to...more

House Democrats Unveil Sweeping Climate Legislation to Transform Country’s Energy Mix

On Tuesday, March 2, Democrats on the House Energy and Commerce (E&C) Committee introduced a sweeping climate proposal—the Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act—an amended version of...more

A Bridge Over the Rising Seas: Biden’s “Climate Day” Order Promises Green Infrastructure

A number of President Biden’s early climate and environmental policies direct federal funding, research and procurement decisions toward infrastructure. In this installment of our series on President Biden’s “Climate Day”...more

DOE to Review Appliance and Building Energy Efficiency Regulations

Shortly after inauguration, President Joseph R. Biden signed an Executive Order (EO) entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” This sweeping Executive Order...more

House Democrats Unveil Proposal to Frame Climate Legislation in 2021

- Democrats in the House Select Committee on the Climate Crisis have released a Climate Crisis Action Plan that aims to achieve net-zero emissions throughout the United States by 2050 and “net-negative” emissions by 2100,...more

As Bankruptcy Bells Ring in the Outer Continental Shelf, BSEE May Toll for You

In 2014, we wrote about efforts by the U.S. Department of Interior’s Bureau of Safety and Environmental Enforcement (BSEE) to require less traditional parties to fund the decommissioning of idle oil and gas wells and related...more

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

Dipping Its Toe in the Groundwater? Supreme Court Eyes Expedited Review for Clean Water Act Case

On December 3, 2018, the Supreme Court of the United States issued an order requesting the Solicitor General to weigh in on a case related to the legal status of some types of groundwater. The catch? The Court’s order comes...more

EPA Proposes Rollback to 2016 Methane Rule

On September 11, 2018, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to amend various provisions of a key Obama-era regulation that sought to reduce methane emissions from oil and natural gas...more

EPA Proposes Replacement for Clean Power Plan

On Tuesday, August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced its Affordable Clean Energy (ACE) Rule, a proposal to replace the Clean Power Plan issued in 2015. EPA Acting Administrator Andrew Wheeler...more

Fish and Wildlife Service Doubles Down on Department of Interior Opinion on Migratory Bird Treaty Act (MBTA)

On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more

Sea Change? What Does Trump’s Decision on the Paris Agreement Mean?

This week, President Trump announced his decision to withdraw the United States from the Paris Agreement, describing it as “disadvantaging the United States” and indicating that the United States will “cease implementation”...more

2016 Postelection Regulatory Report

The results of the U.S. presidential election are historic and unanticipated, and they will have significant economic, political, legal and social implications. As we prepare for the Trump presidency, many uncertainties...more

Check Your Mail: BSEE Inviting All of Its Friends to Pay for GOM Decommissioning

In response to the April 20, 2010, Deepwater Horizon incident and under the auspices of the United States Department of Interior’s (DOI’s) “Idle Iron Policy,” the Bureau of Safety and Environmental Enforcement (BSEE) has...more

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