News & Analysis as of

Federal Energy Regulatory Commission Permits

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

Womble Bond Dickinson on

The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Holland & Knight LLP

FERC's Transmission Planning and Permitting Final Rules Are Out: Let's Start Building

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to...more

Holland & Knight LLP

FERC's Transmission Planning and Permitting Final Rules Are Out; Let's Start Building

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to...more

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

Arizona Pumped Storage Project: Federal Energy Regulatory Commission Addresses Preliminary Permit Application

The Federal Energy Regulatory Commission (“FERC”) addressed in an April 25th Order an application for a preliminary permit submitted by Pumped Hydro Storage LLC (“Pumped Hydro”) to study the feasibility of the Big Canyon...more

Venable LLP

Permitting Bill Would Impose Regulatory Burdens and Economic Disruption on Hydrogen Infrastructure Owners

Venable LLP on

​​​​​​​Senator Manchin recently released the text of his much anticipated and controversial bill aimed at reforming the federal permitting process, particularly for energy infrastructure (the "Energy Independence and Security...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

King & Spalding on

Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

Troutman Pepper

District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

Troutman Pepper on

On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 37, October 2020

More Federal Permits Handed Down as MVP Presses FERC for Construction Restart - "The Mountain Valley Pipeline LLC told FERC that it has received a series of key federal waterbody crossing permits, bolstering its case to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 31, August 2020

Exxon Mobil: Doubling Down While Facing Peak Oil Demand - "With most competitors pivoting away from upstream growth, Exxon continues to press ahead with investments despite very challenging current price environment for...more

Pierce Atwood LLP

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

Pierce Atwood LLP on

On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020 #4

Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more

(ACOEL) | American College of Environmental...

In re PennEast Pipeline Company: A New Twist in the Pipeline or Established Constitutional Law?

Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more

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

Pumped Hydro Storage Project/Little Colorado River: Waterkeeper Challenge/Intervention in Federal Energy Regulatory Commission...

The Waterkeeper Alliance, Inc., and other organizations (collectively, “Waterkeeper”) filed a Motion to Intervene (“Motion”) in a Federal Energy Regulatory Commission (“FERC”) proceeding. The challenged project involves a...more

Flaster Greenberg PC

Marcellus Shale Update: Pipelines and Politics

Flaster Greenberg PC on

The tortured story of the Mariner East 2 Pipeline construction may be coming to an end. If so, it will end the way it began, mired in controversy and inconsistent with what had been proposed and promised by the developers....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Emergence of Utility-Owned Renewable Energy Under Build-Transfer Agreements

Electric utilities in the U.S. historically have been buyers and sellers, but not producers, of renewable energy. Largely due to tax and accounting constraints, vertically integrated, regulated utilities traditionally have...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #3

Federal Agency Halts All Work on Atlantic Coast Pipeline After Judges Revoke Permits - "The Federal Energy Regulatory Commission sent a letter to Dominion Energy, the company leading construction of the 600-mile pipeline,...more

Sullivan & Worcester

Grid–Scale Energy Storage: Stakeholder Participation Key to Successful Implementation of FERC Order 841

Sullivan & Worcester on

In recent posts, we have discussed how Order 841 issued by the Federal Energy Regulatory Commission (“FERC”) on February 15, 2018 is expected to create new opportunities for the expansion of grid-scale (“in front of the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018

In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more

Akin Gump Strauss Hauer & Feld LLP

Agencies Agree to Speed Environmental Permitting

Effective yesterday, April 10, 2018, seven executive departments, the U.S. Army Corps of Engineers, the Environmental Protection Agency, and the Federal Energy Regulatory Commission have agreed to cooperate for the timely...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018

Anti-Secrecy Lawsuits Soaring Against Pruitt's EPA - "The suits have come from open government groups, environmentalists and even conservative organizations that have run into a wall trying to pry information out of...more

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

Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2017 #2

Virginia Agency Takes Unexpected Step that Could Delay Gas Pipeline Project - "The State Water Control Board approved permits for the $5 billion Atlantic Coast Pipeline, which is backed by Dominion Energy, but took the...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

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