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Clean Water Act › Oil & Gas › Federal Energy Regulatory Commission

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024

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Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Troutman Pepper

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

Flaster Greenberg PC

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

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The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

Flaster Greenberg PC

Marcellus Shale Update: The Energy Pipeline Battle Reaches a Supreme Court Climax

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On Wednesday, April 28, a major component of the legal battle in the fight over interstate oil and gas pipelines will reach a climax. In Washington, D.C., the United States Supreme Court will hear oral argument in the case...more

Troutman Pepper

Second Circuit Sides with FERC – States May Not Agree to Revise the Certification Request Date to Avoid Waiver of its...

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On March 23, 2021, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) agreed with FERC’s determination that the New York State Department of Environmental Conservation (“DEC”) had...more

Troutman Pepper

Second Circuit Enforces the Clean Water Act Section 401 One-Year Time Limit

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On March 23, the Second Circuit issued its opinion in N.Y. Dep’t of Enviro. Conservation v. FERC, Case No. 19-1610 (i.e., the “Empire Pipeline” case). The case concerns the Federal Energy Regulatory Commission’s (FERC or...more

Troutman Pepper

FERC Establishes Water Quality Certification Waiver Period for Natural Gas Projects

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On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

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FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

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Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

(ACOEL) | American College of Environmental...

When States Get Serious About Phasing Out Natural Gas

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A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

Flaster Greenberg PC

Marcellus Shale Update: By Coronavirus, New York’s Pipeline Politics Ensure A Tougher Second Round

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Approximately 30% of all confirmed coronavirus cases in the United States have been reported in the New York City metropolitan area, which is located mainly in southeastern New York state and northeastern New Jersey. Last...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2020 #4

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Industry Expert Insights - We reached out to a well-known expert in Mexico in the energy and legal industries to get his thoughts on the current energy climate. Juan Serra is a partner in the Mexico City office of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

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The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

Flaster Greenberg PC

Moving Toward Cleaner Energy While Maintaining Our Legal Safeguards

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Only one part of Congresswoman Alexandria Ocasio-Cortez’s policy statement known as the Green New Deal actually deals with the environment. Most of the statement seeks to promote more jobs-oriented policies such as...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Sheppard Mullin Richter & Hampton LLP

FERC Holds the Line on One-Year Limit for State Review of Clean Water Act Certifications for Interstate Natural Gas Pipelines

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On April 2, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) determined that the one-year statutory limit on state review of interstate natural gas pipeline company applications for water quality...more

Morgan Lewis

Federal Courts Continue to Define State Permitting Authority Affecting Interstate Pipeline Projects

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The US Supreme Court has denied a petition for certiorari filed by the Delaware Riverkeeper Network, which challenged a decision by the US Court of Appeals for the Third Circuit concerning Pennsylvania’s water quality...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to New York Denial of 401 Certification

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The United States Court of Appeals for the Second Circuit (“Court”) addressed in a February 5th Summary Order (“Order”) the New York State Department of Environmental Conservation’s (“NYDEC”) denial of a Section 401 Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Gas Pipeline/Clean Water Act: Federal Appellate Court Addresses Challenge to 401 Certification

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The United States Court of Appeals (Fourth Circuit) (“Court”) addressed in a January 14th opinion a Virginia Section 401 certification of the proposed Atlantic Coast Pipeline. See Appalachian Voices v. State Water Control...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Upgrades to Two New England Natural Gas Pipeline Systems Upgrades: D.C. Circuit Court of Appeals Addresses Challenge to...

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The United States Court of Appeals (District of Columbia Circuit) (“Court”) in a December 27th Judgment addressed an appeal of the Federal Energy Regulatory Commission (“FERC”) approval of proposed upgrades to two New England...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

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As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

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Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

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The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

Orrick, Herrington & Sutcliffe LLP

Constitution Pipeline Company - Clean Water Act Section 401 Saga

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On April 30, 2018, the U.S. Supreme Court denied certiorari in the Constitution Pipeline Company case relating to stream crossings by gas pipelines....more

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