For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more
10/12/2023
/ Climate Change ,
Comment Period ,
Department of Environmental Conservation ,
Energy Projects ,
Green Energy ,
Greenhouse Gas Emissions ,
Hazardous Waste ,
Land-Use Permits ,
Liquid Natural Gas ,
Oil & Gas ,
Permits ,
Proposed Rules ,
Water Supplies
The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal...more
9/8/2023
/ Administrative Procedure Act ,
Chevron v NRDC ,
Energy Market ,
Energy Reform ,
Energy Sector ,
FERC ,
ISOs ,
NEPA ,
PURPA ,
Renewable Energy ,
RTO ,
Utilities Sector
The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more
At its open monthly meeting on March 16, 2023, the Federal Energy Regulatory Commission (FERC) approved a new cybersecurity standard proposed by the North American Electric Reliability Corporation (NERC) to address the supply...more
3/21/2023
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Federal Power Act ,
FERC ,
Infrastructure ,
NERC ,
Regulatory Standards ,
Risk Assessment ,
Risk Mitigation ,
Supply Chain ,
Utilities Sector
The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more
7/1/2022
/ Administrative Authority ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Power Plants ,
Regulatory Agencies ,
Regulatory Oversight ,
SCOTUS
The Federal Energy Regulatory Commission (FERC) issued an important Notice of Proposed Rulemaking (NOPR) regarding its generator interconnection procedures and agreements. This NOPR, issued on June 16, 2022, follows FERC's...more
New York Gov. Kathy Hochul announced a plan on Jan. 5, 2022, to strengthen the state's renewable energy leadership as part of the 2022 State of the State. The governor announced a commitment to invest $500 million to further...more
1/11/2022
/ Economic Development ,
Energy Projects ,
Green Finance ,
Job Creation ,
Offshore Wind ,
Ports ,
Power Infrastructure ,
Renewable Energy ,
State and Local Government ,
State Funding ,
Supply Chain ,
Wind Power
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more
7/2/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Delegation Authority ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Right of Way ,
SCOTUS ,
Sovereign Immunity
Starting this fall, the Federal Energy Regulatory Commission (FERC) will implement new rules affecting wholesale electricity sellers that have obtained (or will obtain) market-based rate (MBR) authority from the Commission....more
The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more
3/3/2021
/ Administrative Review ,
Biden Administration ,
Determination of Need (DoN) ,
Electricity ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Statements ,
Environmental Justice ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Notice of Inquiry ,
Oil & Gas ,
Pipelines ,
Policy Statement ,
Property Owners ,
Public Comment ,
Public Policy ,
Social Justice Issues ,
Utilities Sector
Some of America's largest energy customers issued an unprecedented policy statement, advocating that the federal government implement ambitious policies to modernize the electric grid, expand access to organized wholesale...more
In July, New York Gov. Andrew M. Cuomo announced the most ambitious combined clean energy solicitation in the United States.1 As such, the New York State Energy Research and Development Authority (NYSERDA) issued the largest...more
This newsletter provides a look around the corner, highlighting top issues and emerging opportunities for the private sector.
This edition covers, among other relevant topics, a number of recent U.S. political developments...more
7/23/2020
/ Climate Change ,
Energy Sector ,
Environmental Policies ,
Gulf of Mexico ,
Mexico ,
Natural Resources ,
Offshore Wind ,
Pending Legislation ,
PFAS ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury ,
Waters of the United States
The U.S. Department of Energy (DOE) has taken the first major step towards implementing the recent Executive Order (EO) from the Trump Administration that seeks to protect the national bulk-power system (BPS) from foreign...more
The U.S. Department of the Treasury notified the U.S. Senate Committee on Finance this week that it will extend the continuity safe harbor requirements for renewable energy projects that must be placed in service by certain...more
President Donald Trump signed Executive Order 139201 on May 1, 2020, declaring a national emergency in order to secure the nation's bulk-power system. The president's order explains that such systems are threatened by foreign...more
5/7/2020
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
Government Investigations ,
National Security ,
Power Grid ,
Russia ,
Section 232 ,
U.S. Commerce Department
In an eight-part series, we will examine initiatives outlined in recent congressional Democratic climate proposals, particularly the Climate Leadership and Environmental Action for our Nation's (CLEAN) Future Act introduced...more
In an eight-part series, we will examine initiatives outlined in recent congressional Democratic climate proposals, particularly the Climate Leadership and Environmental Action for our Nation's (CLEAN) Future Act introduced...more
The Internal Revenue Service (IRS) issued recent guidance regarding construction of commercial solar energy properties and other qualified energy properties for purposes of claiming the Investment Tax Credit (ITC), the key...more
9/10/2018
/ Commercial Property Owners ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
New Guidance ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Solar Energy ,
Solar Panels ,
Tax Credits ,
Tax Extensions
• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more
4/27/2018
/ Comment Period ,
Eminent Domain ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Executive Orders ,
FERC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Land Owners ,
Natural Gas ,
NEPA ,
Notice of Inquiry ,
Oil & Gas ,
Policies and Procedures ,
Section 7 ,
Trump Administration
After more than a year of extensive research and study of technical and public policy options, New York State issued its comprehensive offshore wind master plan that identifies intentions to develop 2,400 megawatts (MW)...more
Buried in an 881-page budget bill passed Thursday by the Connecticut General Assembly was a new program to support remediation and reuse of brownfields – properties long contaminated and underutilized – as well as new job...more
10/31/2017
/ Brownfield Properties ,
Contaminated Properties ,
Department of Economic Development ,
General Assembly ,
Governor Malloy ,
Governor Vetoes ,
Income Taxes ,
Investors ,
Job Creation ,
Proposed Legislation ,
Redevelopment ,
Remediation ,
State and Local Government ,
Tax Credits ,
Tax Incentives
The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more
10/11/2017
/ Clean Air Act ,
Clean Power Plan ,
Coal Industry ,
Department of Energy (DOE) ,
Electricity ,
Energy Regulatory Commission ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Final Action ,
Greenhouse Gas Emissions ,
Interim Final Rules (IFR) ,
Natural Gas ,
Nuclear Power ,
Obama Administration ,
Power Grid ,
Proposed Rules ,
Regulatory Burden ,
Trump Administration ,
Wholesale
The Federal Energy Regulatory Commission (FERC) issued on Nov. 17, 2016, a notice of proposed rulemaking (NOPR) aimed at more effectively integrating electric storage resources into organized wholesale markets to encourage...more