News & Analysis as of

Energy Sector Critical Habitat

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

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

Brownstein Hyatt Farber Schreck

FWS Proposes Listing the Lesser Prairie-Chicken — Potential Impacts for Energy Companies

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

American Conference Institute (ACI)

[Virtual Event] Cumulative Effects 2020 - October 8th, 9:00 am - 5:00 pm MDT

A unique forum designed to create dialogue on sustainable project development in order to prepare for climate change and a rapidly evolving global dynamic. ACI’s sister company, CI Energy Group’s Cumulative Effects...more

Downs Rachlin Martin PLLC

Act 250 Commission Recommendations for Change - “There is nothing permanent but change.” - Heraclitus

On January 11, 2019, the Commission on Act 250 issued its final report making its recommendations, along with draft legislation proposing those changes. In 2017, the Vermont General Assembly created the Commission on Act...more

Nossaman LLP

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

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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

Nossaman LLP

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

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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

Nossaman LLP

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

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On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Morgan Lewis

Sage-Grouse Not Listed Under Esa In Wake Of New State-Led Conservation Efforts

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Federal officials deem that state-led efforts are sufficient to protect the bird’s habitat for the near future. On September 22, the administration of US President Barack Obama announced that, given the “unprecedented”...more

BakerHostetler

Birds of a Feather? Greater Sage-Grouse Decision Shows That Conservation and Energy Development Can Flock Together

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On September 22, energy developers in the West breathed a sigh of relief when the U.S. Fish and Wildlife Service (FWS) announced that the greater sage-grouse does not require protection under the Endangered Species Act (ESA)....more

Gray Reed

Citgo Prevails Over EPA at the Fifth Circuit

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USA v. Citgo Petroleum highlights the excruciating degree of detail in federal regulations and the gymnastics the EPA will employ justify a prosecution. The Fifth Circuit has reversed Citgo Petroleum’s conviction for...more

Nossaman LLP

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

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On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

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