The Biden Administration will propose a rule “in the very near future” requiring major vendors supplying products and services to the federal government to report their greenhouse gas emissions and other climate-related...more
In an extended Earth Day event, President Biden hosted the virtual Leaders Summit on Climate (“Summit”) on April 22 and 23, seeking to unite nations around the world in the goal of reducing global greenhouse gas (“GHG”)...more
4/28/2021
/ Biden Administration ,
Brazil ,
Canada ,
Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FSOC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Japan ,
Proposed Legislation ,
U.S. Treasury ,
UK
On March 31, 2021, the Biden Administration released in broad brushstrokes its plan to address the country’s infrastructure. The “American Jobs Plan” calls for a grand total of more than $2 trillion in federal investment...more
On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more
1/22/2021
/ Administrative Review ,
Biden Administration ,
Bureau of Land Management ,
Carbon Emissions ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Executive Orders ,
Methane ,
National Environmental Policies ,
NEPA ,
Obama Administration ,
Oil & Gas ,
Supplemental Environmental Project (SEP) Policy ,
Trump Administration ,
Waters of the United States
On December 27, President Donald Trump signed a $1.4 trillion appropriations package funding the government through September 2021 and a $900 billion fiscal stimulus law for coronavirus aid. Media attention has focused on the...more
12/31/2020
/ Biden Administration ,
Carbon Capture and Sequestration ,
CARES Act ,
Climate Change ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Energy (DOE) ,
Energy Sector ,
Greenhouse Gas Emissions ,
HFC Emissions ,
Investment Tax Credits ,
Popular ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Wind Power ,
Zero-Emission Vehicles
The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more
12/17/2020
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
The Federal Energy Regulatory Commission (FERC or the Commission) is poised to play an important role in the administration of President-elect Joe Biden, in light of the emphasis that the Biden administration will likely...more
Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more
11/10/2020
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Clean Water Act ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Regulatory Agenda ,
SAFE ,
US Army Corps of Engineers ,
Waters of the United States
In recent weeks, many businesses have resumed or expanded operations to varying degrees as states and local jurisdictions have issued reopening orders. That means many “non-essential” employees have been or soon will be...more
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On March 31, 2020, the Environmental Protection Agency (EPA) and the Department of Transportation, acting through the National Highway Traffic Safety Administration (NHTSA), finalized a rulemaking that the agencies described...more
Coronavirus Disease 2019 (“COVID-19”) is affecting U.S. businesses in a variety of ways and will continue to do so for the foreseeable future. Impacts include telework and employee absenteeism, changes in consumer demands,...more
Several developments may raise the profile of the Federal Energy Regulatory Commission (FERC or the Commission) in 2020.
First, the growing importance of renewable energy generation will raise new issues for FERC. On...more
1/14/2020
/ Climate Change ,
Demand Response ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement ,
Enforcement Statistics ,
FERC ,
Government Investigations ,
Market Manipulation ,
PJM ,
Political Candidates ,
Presidential Nominations ,
Regulatory Agenda ,
Renewable Energy ,
Renewable Portfolio Standards ,
Self-Reporting ,
Utilities Sector
This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more
2/15/2019
/ Clean Water Act ,
Energy Sector ,
Environmental Review ,
Forestry ,
Infrastructure ,
Legislative Agendas ,
Natural Gas ,
NEPA ,
Oil & Gas ,
PHMSA ,
Regulatory Agenda ,
Transmission Grid ,
Trump Administration ,
Utilities Sector ,
Wildfires
This is the inaugural issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector....more
2/1/2019
/ Bureau of Land Management ,
Clean Air Act ,
Climate Change ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Department of the Interior ,
Deregulation ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Legislative Agendas ,
NAAQS ,
National Monuments ,
NEPA ,
Oil & Gas ,
Regulatory Oversight ,
Risk Management ,
Subpoenas ,
Trump Administration
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, the “Services”) this week published proposed revisions to key portions of the Endangered Species Act’s (the “Act”)...more
The Council on Environmental Quality (CEQ) today published an Advance Notice of Proposed Rulemaking (“Notice”) seeking public comment on a vast range of potential revisions to CEQ’s regulations implementing the National...more