Recent Updates to Federal Environmental and Natural Resource Regulations
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Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more
On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more
On February 12, 2024, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) issued a long-awaited final rule revising its eagle permit program under the Bald and Golden Eagle Protection Act (15 U.S.C. 668-668d) (“BGEPA”)....more
On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied...more
On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more
Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more
The federal government has successfully defended its approvals of the Vineyard Wind project offshore Massachusetts (Project), setting the stage for further decisions as other challenges proceed. Vineyard Wind is the first...more
On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more
On November 25, 2022, the U.S. Fish and Wildlife Service (the “Service”) published a final rule listing two Distinct Population Segments (“DPSs”) for the lesser prairie-chicken (Tympanuchus pallidicinctus, “LEPC”) under the...more
California unveils plan to reach carbon neutrality by 2045 - Los Angeles Times – November 16 The California Air Resources Board (CARB) on Wednesday released a scoping plan outlining in broad strokes how the state intends to...more
The U.S. Fish and Wildlife Service recently published a proposed rule revising regulations that authorize permit issuance for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act (the...more
On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a...more
On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more
California NEM 3.0: Regulators propose 1-year delay to net metering decision Bullet Renewable Energy World – August 16 California regulators want to take another year to evaluate potential changes to the state's net energy...more
President Biden to invoke Defense Production Act for electric vehicle battery materials Bullet CNBC – March 31 President Joe Biden will invoke the Defense Production Act to encourage domestic production of minerals required...more
New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more
2021 witnessed a new but familiar competition among stakeholders for the use and enjoyment of the Outer Continental Shelf. Last year, interested parties initiated five lawsuits against the first federally approved offshore...more
On February 9, 2022, the U.S. District Court for the District of Colorado found that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) when it failed to reinitiate consultation with the U.S. Fish...more
Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more
The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between...more
U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more