On-Demand Webinar | Recent Updates to Federal Environmental and Natural Resource Regulations
Stoel Rives Deeply Rooted Podcast Season 3 Episode 2: Forest Management, Endangered Species, and Regulatory Frameworks with Galen Schuler, General Counsel for Green Diamond Resources
The New Cold War: Risk, Sanctions, Compliance Episode 24: “Elephants and the Mafia: Combatting Criminal Wildlife Trafficking”
[VIDEO] The Price of an Aging Infrastructure on the Environment
Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more
Electricity generated from renewables surpassed coal in the United States for the first time in 2022, the U.S. Energy Information Administration (EIA) announced Monday. Renewables also surpassed nuclear generation for 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
The U.S. Department of Justice announced that ESI Energy LLC (ESI), a wholly owned subsidiary of Nextera Energy Resources LLC, pleaded guilty to violating the Migratory Bird Treaty Act (MBTA) and acknowledged at least 150...more
Conducting environmental due diligence and considering a project’s impact on the environment are essential in acquiring or permitting utility-scale solar projects in Virginia. This was underscored by the Virginia Department...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
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
U.S. Fish and Wildlife Service faces suit over removal of endangered species protections for gray wolves - Bullet The Hill – November 9 - Last Friday, a coalition of conservation groups filed a notice of intent to sue...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
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
Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Australia in the energy and legal industries to get her thoughts on the current energy climate. Emma Covacevich is...more
With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more
On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more
On April 2, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order directing that the National Marine Fisheries Service (NMFS), U.S. Army Corps of Engineers (Corps) and U.S. Bureau of...more
Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more
On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more
On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more
The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more
On December 15, 2016, the U.S. Fish & Wildlife Service (“USFWS” or “Service”) published a proposed rule (the “Proposed Rule”) to remove the black-capped vireo (“BCV”) from the list of endangered and threatened species under...more
On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program...more
The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more