News & Analysis as of

National Environmental Policy Act Energy Policy

Troutman Pepper

Senate Committee Considers Three New FERC Nominees

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On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more

Troutman Pepper

DOE Proposes to Limit NEPA Review for Transmission, Storage, and Solar

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On November 16, 2023, the U.S. Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to update its National Environmental Policy Act (“NEPA”) implementing regulations to add a categorical exclusion for...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Nossaman LLP

Massachusetts Court Refuses to Halt Construction of Offshore Wind Project

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On May 25, 2023, the federal District Court for the District of Massachusetts denied a motion by plaintiffs seeking to halt construction of the Vineyard Wind project offshore of Massachusetts, in the case of Seafreeze...more

Hogan Lovells

Idaho National Laboratory recommendations on ways to improve NRC reactor licensing

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In April 2023, Idaho National Laboratory (“INL”), a U.S. Department of Energy (“DOE”) National Laboratory, published a report entitled “Recommendations to Improve the Nuclear Regulatory Commission Reactor Licensing and...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

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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

Mintz

For different reasons, Members of Congress in both parties have put off the permitting reform essential to reach our renewable...

Mintz on

As millions in Florida face the wrath of our warming oceans in the guise of Hurricane Ian, Inside EPA is reporting that enough Democrats and Republicans opposed Senator Manchin's proposal to streamline the permitting of...more

Morgan Lewis - Up & Atom

NRC Selects Aggressive Schedule to Confirm GEIS Applicability to Subsequent License Renewal

The Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s...more

Troutman Pepper

State Laws Provide New Pathways for Environmental Justice Claims

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Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more

Robinson+Cole Environmental Law +

Nantucket Group Challenges Vineyard Wind Project in Federal Court

On August 25, 2021, the Nantucket Residents Against Turbines (ACK RATs) filed a complaint challenging the recent Environmental Impact Statement (EIS) on the proposed Vineyard Wind project to build wind turbines off the...more

Hogan Lovells

NRC Solicits Comments on Environmental Justice

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On July 9, the Nuclear Regulatory Commission (NRC) issued a Federal Register notice, Systematic Assessment for How the NRC Addresses Environmental Justice in Its Programs, Policies, and Activities. Comments on the notice are...more

Morgan Lewis - Up & Atom

NRC Issues License Renewal GEIS Update Scoping Summary Report

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

Morgan Lewis - Up & Atom

NRC to Consider Streamlining NEPA Process with Additional Categorical Exclusions

The NRC recently published an advance notice of proposed rulemaking (ANPR) seeking public comments on possible amendments to its National Environmental Policy Act (NEPA) regulations on categorical exclusions. Comments are due...more

Hogan Lovells

NRC Seeking Comment on NEPA Categorical Exclusions

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Last week the Nuclear Regulatory Commission (NRC) published an advance notice of proposed rulemaking and request for comment on categorical exclusions under the National Environmental Policy Act (NEPA). NEPA requires that...more

Cozen O'Connor

Developments in Offshore Wind: Part Two

Cozen O'Connor on

The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the...more

Morgan Lewis

FERC Focuses on Environmental Justice in Pipeline Certification Policy Statement

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The Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on February 18 seeking new information and comments on whether it should revise its policy statement on the certification of new interstate...more

Allen Matkins

California Environmental Law & Policy Update - February 2021 #3

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State senators introduce bill to ban hydraulic fracturing in California by 2027 - San Francisco Chronicle – February 17 - State Senators Scott Wiener and Monique Limon have introduced a bill that would halt the...more

Morgan Lewis - Up & Atom

NRC Staff Proposes Rulemaking to Update Environmental Regulations

The US Nuclear Regulatory Commission (NRC) Staff has sought the Commission’s approval to initiate a rulemaking to update the agency’s environmental protection regulations for licensing activities....more

Morgan Lewis - Power & Pipes

DOE Streamlines Environmental Reviews for LNG Exports to Certain Countries

The US Department of Energy (DOE or Department) finalized a rulemaking proceeding last week that revises its National Environmental Policy Act (NEPA) implementing procedures pertaining to certain authorizations under the...more

Morgan Lewis - Up & Atom

NRC Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS

Morgan Lewis - Up & Atom on

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

Hogan Lovells

American Nuclear Infrastructure Act 2020 Safeguards the Future of Nuclear

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Yesterday U.S. Senators John Barrasso (R-WY), Sheldon Whitehouse (D-RI), Mike Crapo (R-ID), and Cory Booker (D-NJ) introduced the American Nuclear Infrastructure Act (ANIA) 2020.  ...more

Foley & Lardner LLP

No Matter Who Wins the 2020 Presidential Election, Big Changes Are Coming. Will You Be Ready?

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Every election observer understands that if former Vice President Joe Biden wins the November Presidential election, big changes will soon follow. What many may not realize is that big changes will also happen if the current...more

Foley Hoag LLP - Environmental Law

The New NEPA Rules Are Final: Still Giving Regulatory Reform a Bad Name

CEQ has finalized revisions to the NEPA regulations. I don’t have too much to add to my post on the proposed rule back in January. NEPA needs reform. These regulations, however, are not the reform NEPA needs...more

Morgan Lewis - Up & Atom

NRC to Conduct NEPA Scoping to Prepare GEIS for Advanced Nuclear Reactors

The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). ...more

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