News & Analysis as of

Final Rules Permits

Holland & Knight LLP

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

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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

Goldberg Segalla

New NEPA Rule Eases Permitting Process while Advancing Environmental Justice

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On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the...more

Holland & Knight LLP

EPA Issues Final Methane Regulations for New and Existing Sources

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The U.S. Environmental Protection Agency (EPA) announced its final rule on Dec. 2, 2023, to sharply reduce emissions of methane and other air pollution from oil and natural gas operations. The final action, which is more than...more

Butler Snow LLP

Louisiana’s Medical Marijuana Law Amended Effective August 1, 2022

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Pursuant to Louisiana’s medical marijuana law, referred to as the “Alison Neustrom Act” or the “Act”, (1) Louisiana physicians who are registered to do so with the Louisiana State Board of Medical Examiners may recommend (but...more

Perkins Coie

US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting Scheme

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The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds. Revocation of...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

Perkins Coie

Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project Implications

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The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs). The final rule, published on January 13, 2021, reissues 12 existing NWPs and issues four new NWPs....more

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

National Environmental Policy Act: Council on Environmental Quality Issues Final Revisions

The Council on Environmental Quality (“CEQ”) on July 15th promulgated for the first time in 40 years revisions to the regulations that implement the National Environmental Policy Act (“NEPA”). CEQ was established in 1970...more

Perkins Coie

EPA Final Rule Narrows State and Tribal Review Under the Clean Water Act

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The U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the...more

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

Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

On June 1st the United States Environmental Protection Agency (“EPA”) announced issuance of a final rule that it denominates the: Clean Water Act Section 401 Certification Rule (“Rule”) EPA characterizes the Rule as...more

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

Affordable Clean Air Energy Rule/Clean Air Act: U.S. Environmental Protection Agency Issues Final Rule

The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more

Holland & Knight LLP

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

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The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Holland & Knight LLP

EPA Publishes Final Rule for Small MS4 General Discharge Permits

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The U.S. Environmental Protection Agency (EPA) published the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule in the Federal Register on Dec. 9,...more

Williams Mullen

Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

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A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more

Spilman Thomas & Battle, PLLC

Finally…..The Final Aboveground Storage Tank and Horizontal Well Rules

In March 2016, we predicted that the Aboveground Storage Tank Act (“AST Act”) and changes to the Natural Gas Horizontal Well Control Act (“Horizontal Well Act”) legislative rules would be approved by the West Virginia...more

Williams Mullen

Clean Water Rule Opens Litigation Floodgates

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With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the wake...more

Beveridge & Diamond PC

WOTUS: No Closure Yet

In psychology, the term “closure” refers to humans’ desire for a firm answer to a question and general aversion to ambiguity. Nine years since Rapanos, after multiple attempts by the EPA and the Army Corps (“the agencies”)...more

Beveridge & Diamond PC

EPA, Army Corps Redefine Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers (“the agencies”) have issued the long-awaited final rule to define the scope of waters and wetlands subject to federal jurisdiction under the Clean Water Act...more

Farella Braun + Martel LLP

Troubled Waters: Clean Water Act Jurisdiction Remains Muddled After New Rule Issued

After years of deliberation, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (Agencies) issued their long-awaited final rule last week defining “waters of the United States” (WOTUS) for Clean Water...more

Morgan Lewis

“Final” May Be a Misnomer for California’s Final Fracking Regulations

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The California Department of Conservation, Division of Oil, Gas and Geothermal Resources recently issued a “final” set of rules for regulating hydraulic fracturing in California that replace the interim rules that have been...more

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