Environmental Government Contracting

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DONG Energy proposes Massachusetts offshore wind farm

A subsidiary of Danish energy company DONG Energy has proposed an offshore wind development to be located in federal waters off the Massachusetts coast. The "Bay State Wind" project would be a utility scale offshore wind...more

US auctions NJ offshore wind sites

The U.S. Department of the Interior has auctioned the rights to lease nearly 344,000 acres offshore New Jersey for potential offshore wind energy development. Under federal law, the Department of the Interior's Bureau...more

Modernizing the Review Process or Just More Busy Work?

Those who have worked on the permitting and environmental review for a federally funded infrastructure project know the challenges that exist in coordinating with numerous agencies that may have oversight over a project. A...more

New Jersey’s Appellate Division Holds State May Be Liable for Cleanup Costs under New Jersey’s Spill Act

Action Item: On August 26, 2015, in a case of first impression, the Appellate Division of the New Jersey Superior Court in NL Indus., Inc. v. State of New Jersey, No. A0869-14T3, 2015 N.J. Super. LEXIS 161 (N.J. Super. Ct....more

North Carolina offshore wind advances

Federal efforts to lease ocean sites off the North Carolina coast for offshore wind development advanced last week, when the Bureau of Ocean Energy Management issued a report finding that there would be no significant...more

Proposed CEQA Guidelines Amendments: A Critique Of OPR’s “Preliminary Discussion Draft” (Part I – Proposed “Efficiency...

On August 11, 2015, the Governor’s Office of Planning and Research (OPR) released a 145-page “Preliminary Discussion Draft” of “Proposed Updates to the CEQA Guidelines” (the “Discussion Draft”). The Discussion Draft “contains...more

The Animas Spill: EPA Liability and Insurance Coverage

When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it...more

Navy signs solar energy deal

The U.S. Department of the Navy has announced an agreement for the development of a 210 megawatt (DC) solar project to supply electricity to Navy and Marine Corps facilities in California. The Navy described the deal as the...more

USDA Promotes Development Of More Efficient Biomass Drying Systems

On August 3, 2015, Forest Concepts, LLC received a two-year, $499,997 Small Business Innovation Research (SBIR) contract from the USDA National Institute of Food and Agriculture. The contract will support the development of...more

DOE Accepting Nominations For Biomass Research And Development Technical Advisory Committee

On July 15, 2015, DOE posted a solicitation notice for candidates for the Biomass Research and Development Technical Advisory Committee. According to the notice, DOE is specifically looking for candidates with experience in...more

Community-Based P3 Programs for Integrated Green Stormwater Infrastructure

Partnerships between the public and private sector can help improve and sustain the ability of local governments to design, construct, finance, operate and maintain various infrastructure. ...more

Fourth District Expounds On CEQA’s Responses To Comments Rules – And Abuses of the Process – As Well As Other Issues In Upholding...

In an opinion filed June 12 and ordered published on July 6, 2015, the Fourth District Court of Appeal affirmed the trial court’s judgment upholding a supplemental EIR (“SEIR 564”) for a long-planned expansion of the James A....more

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

South African Renewable Energy Independent Power Producer Procurement Programme (REIPPPP): Salient Features Of And Changes To The...

Briefing Note 23 and Parts A, B and C of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) Request for Qualification and Proposals (RFP) Expedited Bid Submission Window (EW) dated June 2015 have...more

DTE Energy Issues 5-50 MW RFP

DTE Energy (DTE) announced recently that it has issued a request for proposal (RFP) for the construction of a 5-50 MW solar generating facility. While DTE is seeking proposals for projects in the city of Detroit as well...more

DOE Announces $55 million To Fund GENSETS And TERRA Programs

On June 18, 2015, the U.S. Department of Energy (DOE) announced $55 million in funding for projects to accelerate biomass development and develop generator technologies under the Advanced Research Projects Agency-Energy...more

The Demise of the Illiana Expressway: Another Court Rejects Development Modeling Projections

While it may go down as a classic case of “bad facts making bad law,” last week’s ruling rejecting the government’s NEPA analysis for the controversial Illiana Expressway is the just the latest in a disturbing trend for large...more

USDA Is Now Accepting Applications From States For Biofuels Infrastructure Partnership

On June 12, 2015, the USDA began accepting applications for grants under the Biofuels Infrastructure Partnership (BIP). Through the Commodity Credit Corporation (CCC), BIP will provide up to $100 million in grants to support...more

Obama Administration and Private Partners Make a Clean Energy Push

Yesterday, the White House hosted a Clean Energy Investment Summit where Vice President Biden highlighted more than $4 billion in pledges from major foundations and long -term investors to fund climate change solutions....more

New Executive Order on Federal Sustainability Promotes Responsible Government Procurement Policies

In March, President Obama issued Executive Order 13693, “Planning for Federal Sustainability in the Next Decade.” It replaces and updates a number of Executive Orders and Memorandums, most notably replacing Executive Order...more

The SJC Walks Back the GE Decision; State Agencies Can Protect Work Product

In its 1999 decision in GE v. DEP, the SJC surprised most Massachusetts lawyers by ruling that the Commonwealth’s Public Records Act (our version of FOIA) did not have an exemption for work product materials and that it had...more

Obtaining Prop. 1 Water Bond Funds for Water Recycling Projects

The Proposition 1 Water Bond, initially enacted by the state Legislature last August, allocates $625 million toward recycled water projects through the State Water Resources Control Board. The funding is authorized, but how...more

USDA Announces Energy Efficiency And Renewable Energy Grants

On April 22, 2015, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack celebrated Earth Day by announcing that USDA "is providing more than $112 million in loans and grants to help rural communities build and upgrade...more

Pentagon Solicits Advanced Biofuels For The Rocky Mountain/West Coast Program

On April 9, 2015, the Pentagon released the Rocky Mountain/West Coast/Offshore Bulk Fuels Annual Buy (RMW) solicitation for biofuels on the FedBizOpps website. This purchase program supports the goal set by the Secretary of...more

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