News & Analysis as of

Federal Energy Regulatory Commission Endangered Species Act (ESA)

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Allen Matkins

California Environmental Law & Policy Update - November 2022 #3

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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

Troutman Pepper

Tenth Circuit Resolves Jurisdictional Dispute, Finds FPA Jurisdictional Limit Does Not Apply to Non-FERC Agency Orders

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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

Troutman Pepper

FERC Denies Interior’s Requirement for Ongoing Species Notifications

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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

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

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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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Nossaman LLP

Fifth Circuit Upholds USFWS Approval of Liquified Natural Gas Facility

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On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...more

Vinson & Elkins LLP

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

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

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth...

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

Pillsbury - Gravel2Gavel Construction & Real...

By Failing to Raise Objections, Maine Council Forfeited Right to an Appeal

On October 23, in another case that turned on the reviewing court’s authority to review an administrative action, the U.S. Court of Appeals for the District of Columbia held that the petitioners, having failed to raise their...more

Clark Hill PLC

Window On Washington - Vol. 2, Issue 32

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Outlook for This Week in the Nation's Capital - Appropriations. The Senate is expected to begin work this week on its next minibus appropriations bill- a package that would contain the Defense and Labor-HHS spending bills....more

Pillsbury - Gravel2Gavel Construction & Real...

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Pillsbury - Gravel2Gavel Construction & Real...

D.C. Circuit Rejects FERC’s Licensing Decision, Vacating and Remanding the Matter for Further Work

Another important case was decided by U.S. Court of Appeals for the D.C. Circuit on July 6, American Rivers and Alabama Rivers Alliance v. FERC. The Alabama Power Company, whose application to re-license its electrical power...more

Davis Wright Tremaine LLP

D.C. Circuit Sinks FERC Hydro License for Failure to Adequately Consider Past Environmental Harm

Last Friday, the D.C. Circuit torpedoed a hydroelectric license issued in 2013 to Alabama Power Company because the Federal Energy Regulatory Commission (FERC) and the U.S. Fish and Wildlife Service (USFWS) “declined to...more

WilmerHale

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

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This is the seventh issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Holland & Knight LLP

A Closer Look at President Trump's Executive Order on Energy Independence

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President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Pillsbury - Gravel2Gavel Construction & Real...

DC Circuit Judge Rogers Delivers 3 Important Administrative Rulings in 1 Day

July 15 was a busy day at the U.S. Court of Appeals for the District of Columbia Circuit, as five important decisions werethree issued. What was remarkable and worth noting is that Judge Judith Rogers, a member of the court...more

Blank Rome LLP

More Pipeline Development Projects: What America Needs

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National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

Mintz

Energy And Environment Update -- May 6, 2013

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In This Issue: Energy & Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Department of Interior; Department of Defense; Nuclear Regulatory Commission; Federal Energy...more

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