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Hot Topics for Waste-to-Energy Investors and Developers
On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more
In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more
On November 30, 2023, the Commission denied the Minnesota Municipal Power Agency’s (“MMPA”) complaint alleging that Northern Natural Gas Company (“Northern”) violated the Natural Gas Act (“NGA”) by refusing to execute an...more
On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more
Ninth Circuit blocks permits for hydraulic fracturing off California coast Bullet Los Angeles Times - June 3 The U.S. Ninth Circuit Court of Appeals last Friday blocked hydraulic fracturing, commonly known as fracking, off...more
On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more
Biden restores stricter environmental review of big projects under NEPA Bullet Associated Press - April 19 The Biden administration is restoring federal regulations that require rigorous environmental review of major...more
On February 17, the Federal Energy Regulatory Commission (FERC or Commission) announced two new, significant policies that may have a profound impact on both natural gas pipeline projects before the Commission and the...more
In a recently published letter, Federal Energy Regulatory Commission (FERC) Chairman Richard Glick indicated that the commission would strengthen its scrutiny of greenhouse gas emissions when evaluating certificate...more
U.S. to resume enforcement of unlawful bird deaths by industry - Associated Press – September 29 - The Biden administration said Wednesday that it will draft rules under the Migratory Bird Treaty Act over the next...more
Montage Healdsburg resort faces $6.4 million fine for construction stormwater-related violations - Bullet The Press-Democrat – September 15 - The developer of the Montage Healdsburg hotel in Sonoma County is facing...more
California targets diesel trucks, ships for biggest pollution reductions in over a decade - Bullet Los Angeles Times – August 27 - The California Air Resources Board this Thursday adopted its biggest pollution-cutting...more
In response to its updated analyses of the impacts of natural gas exports on the US economy and the environment, and competitive forces in the global market for LNG, DOE takes steps to offer term extensions to existing and...more
Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more
As the 50th Anniversary of the National Environmental Policy Act approaches, we may be on the verge of one of the most significant regulatory revisions in the statute’s history. NEPA advocates—and all those who believe it is...more
The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more
Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more
In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due...more
A federal district court has ruled that the Bureau of Land Management (“BLM”) failed to adequately consider climate change when approving a set of oil and gas leases on public lands in Wyoming. The ruling should be of broader...more
This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more
Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more
The November 6 election will include environmental ballot initiatives as well as issues dividing candidates and the results should provide an interesting aspect of the election. ...more
On Friday, the Federal Energy Regulatory Commission (FERC) announced significant measures to improve permitting for liquefied natural gas (LNG) terminals. These measures follow up on Chairman McIntyre's statements earlier in...more
The U.S. Fish and Wildlife Service issued a guidance memorandum addressing when an incidental take permit may be needed under Section 10(a)(1)(B) of the Endangered Species Act for projects that modify habitat of federally...more
U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more