News & Analysis as of

National Environmental Policy Act

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

FCC Vows Its Never Gonna Give Up On Bridging Digital Divide: Opens Rulemakings To Promote Access To Broadband Infrastructure

At the end of March, new FCC Chairman Ajit Pai branded April “Infrastructure Month.” He paired this declaration with the announcement of a comprehensive agenda aimed at tackling a host of infrastructure-related challenges...more

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

by Holland & Knight LLP on

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

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

by Latham & Watkins LLP on

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

Oil and Gas Update for 4/2017 – MD Bans Hydraulic Fracturing, OH DMA Cases Keep Trickling In, and Spot Prices Pull a Hat Trick in...

by Cozen O'Connor on

All three benchmarks for natural gas spot prices in Appalachia hit $3/MMBtu or more since our last report (and did so for the first time in a long time), trending alongside a spike in oil prices following the Syrian airstrike...more

FCC Releases Draft Item on Streamlining Wireless Infrastructure Deployment

by Davis Wright Tremaine LLP on

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) (together, the “draft Notice”) designed to facilitate and accelerate the deployment of advanced...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

by Latham & Watkins LLP on

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more

Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy Production

by Perkins Coie on

President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more

Trump Order Ushers in the Future of US Energy and Environmental Regulation

by WilmerHale on

On March 28, President Trump launched a sweeping overhaul of US energy and environmental policy. The presidential Executive Order on Promoting Energy Independence and Economic Growth (Order) repeals several policies of the...more

Administration's Executive Order on Climate and Energy Is Controversial, and May Shift Action to States

by Morrison & Foerster LLP on

On March 28, 2017, President Trump issued an “Executive Order on Promoting Energy Independence and Economic Growth” (E.O.) that takes aim at a broad range of federal climate and energy programs and regulations. The E.O....more

Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

by K&L Gates LLP on

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the...more

What’s New in Washington: 10 Things You Need to Know

As the Trump presidency completes its first 10 weeks, the administration is celebrating big wins on the regulatory reform front while nursing some wounds from a major defeat on efforts to repeal and replace the Affordable...more

Swing and a Foul Ball? Practical Effect of Obama Administration’s Now-Defunct Coal Leasing Moratorium Likely Relatively Small

by Stoel Rives LLP on

An executive order, secretarial order, and lawsuit challenging said secretarial order, all in the span of less than 36 hours and all concerning federal coal leasing. The Trump administration on Wednesday reversed a 2016...more

Interior Secretary Immediately Implements President’s Executive Order on Energy and Climate

by Beveridge & Diamond PC on

New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March...more

President Trump Rolls Back Climate Change Policies to Support Domestic Energy

On March 28, 2017, President Trump signed an executive order titled "Promoting Energy Independence and Economic Growth" that reverses or materially alters many of the actions that the federal government undertook during the...more

New Executive Order Creates a Changed Climate for Climate Change and Energy

by Beveridge & Diamond PC on

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

by Nossaman LLP on

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

California Environmental Law & Policy Update - March 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Southern California regulators approve smog plan with tougher refinery rules, voluntary measures for goods movement facilities - Los Angeles Times - Mar 3 - The South...more

Energy Infrastructure Projects Still Face Challenges after Trump Administration Executive Orders

The Trump administration promises to streamline the regulatory process, dismantle burdensome regulations, and promote domestic job growth. On January 24, 2017, President Trump issued an executive order and four presidential...more

D.C. Circuit Rules in Favor of North Dakota in NEPA Injunction Case

by Beveridge & Diamond PC on

The State of North Dakota, assisted by Special Assistant Attorneys General Nessa Horewitch Coppinger and Ryan Carra, secured a unanimous ruling from the D.C. Circuit Court allowing the design of a water treatment plant to...more

Changed Circumstances Warrant Modifications To Injunction

In Government of the Province of Manitoba v. Zinke, the U.S. Court of Appeals for the DC Circuit reversed the U.S. District Court for the District of Columbia and held that the State of North Dakota could begin designing a...more

FERC Issues Updated Guidance Manual for Environmental Report Preparation Under the Natural Gas Act

by Dorsey & Whitney LLP on

Last week, the Federal Energy Regulatory Commission (FERC) issued an update to its Guidance Manual for Environmental Report Preparation for Applications Filed Under the Natural Gas Act. The updated guidance follows a Notice...more

Has Former FERC Chairman and Commissioner Norman Bay Made the Case for Changing the Commission's Gas Pipeline Certificate Process?

by Dentons on

Former Chairman and Commissioner Norman Bay gave the natural gas industry a surprise his last day at the Federal Energy Regulatory Commission ("FERC" or "Commission"), February 3, 2017, in opening a debate about whether the...more

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

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