Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
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
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
On September 30, the U.S. Court of Appeals for the Tenth Circuit issued an opinion in Save the Colorado, et al. v. Spellmon. The case arose from various conservation group challenges to the U.S. Army Corps of Engineers...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
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
After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...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 May 26, the U.S. Fish and Wildlife Service (“Service”) released their proposal to list two distinct population segments (DPS) of the lesser prairie-chicken under the Endangered Species Act (ESA). Currently, the Service is...more
State senators introduce bill to ban hydraulic fracturing in California by 2027 - San Francisco Chronicle – February 17 - State Senators Scott Wiener and Monique Limon have introduced a bill that would halt the...more
While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more
Biden orders review and reversal of over 100 Trump administration environmental regulations - The New York Times – January 20 - President Joe Biden this Wednesday recommitted the United States to the Paris climate...more
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
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
California plans to ban sales of new gas-powered cars in 15 years - The New York Times – September 23 - California plans to ban the sale of new gasoline-powered cars statewide by 2035, Governor Gavin Newsom announced...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more
Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more
On Monday, the United States District Court for the District of Montana issued an order amending its previous grant of summary judgment in Northern Plains Resource Council v. U.S. Army Corps of Engineers. The original order...more
Being able to move oil and gas to markets is a priority for all exploration and production companies, and their distributors, and customers. Yesterday, a ruling from the U.S. District Court for the District of Montana,...more
In a hotly anticipated ruling on May 11, the federal district court that just a few weeks ago stunned and stalled a wide range of industries by vacating the U.S. Army Corps of Engineers’ (“Corps”) Nationwide Permit (“NWP”)...more