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FWS Issues Streamlined General Permits for Incidental Take of Eagles

On February 12, 2024, the United States Fish and Wildlife Service (FWS) published a final rule that created several long-awaited general permits under the Bald and Golden Eagle Protection Act (Eagle Act) to authorize...more

EPA Finalizes Air Rule Targeting Oil and Gas Industry Methane Emissions: Final Rule Includes New Source Performance Standards for...

Key Takeaways - • What Is Happening? On December 2, 2023, during the United Nations Climate Change Conference (COP28), the U.S. Environmental Protection Agency (EPA) announced a final Clean Air Act (Act) rule designed to...more

Unlocking Electricity Decarbonization? FERC Adopts Transmission Interconnection Reforms

On July 23, 2023, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2023, a “landmark” order, which aims to significantly improve the interconnection of new generation and energy storage projects to the...more

BLM Proposes Rule to Further Promote Solar and Wind Development on Federal Lands

The Bureau of Land Management (BLM) published a Proposed Rule on June 16, 2023, that would, if adopted, amend its existing right-of-way regulations to promote solar and wind energy development on public lands administered by...more

U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy

After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more

FERC Adopts a New Policy for Consideration of Greenhouse Gas Impacts in Environmental Analyses of Applications for Natural Gas...

As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of certificates of public convenience...more

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

Updated March 28, 2022 - As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of...more

FERC Adopts a New Policy for Consideration of Greenhouse Gas Impacts in Environmental Analyses of Applications for Natural Gas...

On February 17, 2022, by a 3-2 vote, the Federal Energy Regulatory Commission (FERC) adopted a new Interim Greenhouse Gas (GHG) Emissions Policy Statement (GHG Policy Statement) setting forth an interim framework for...more

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

At its February meeting, the Federal Energy Regulatory Commission (FERC or Commission) released a long-awaited Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Updated Policy Statement),...more

U.S. Supreme Court Agrees to Review Scope of EPA Authority over Power Plant Greenhouse Gas Emissions

On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more

FERC Determines That It Should Consider Greenhouse Gas Emissions In Environmental Analyses of Natural Gas Pipelines

On March 22, 2021, the Federal Energy Regulatory Commission issued an order setting forth new standards it will use to evaluate the greenhouse gas (GHG) emissions associated with natural gas pipeline projects. The order,...more

FERC Adopts Final Rule Formalizing One-Year Deadline for States To Issue Clean Water Act Certifications; Second Circuit Affirms...

On March 18, 2021, the Federal Energy Regulatory Commission (FERC) adopted a Final Rule requiring state agencies to issue Clean Water Act (CWA) Section 401 water quality certificates within one year of receiving a request or...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

D.C. Circuit Vacates Trump ACE Rule: What’s Next for Power Plant CO2 Regulation?

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more

Hitching a Ride on the Omnibus: COVID Relief and Appropriations Act Includes Major Climate Change and Energy Provisions

On December 27, 2020, President Trump signed H.R. 133, the “Consolidated Appropriations Act, 2021,” an agglomeration of dozens of individual pieces of legislation which together total nearly 6,000 pages. While general press...more

Washington Utilities and Transportation Commission Issues Policy Statement on Renewable Natural Gas

On December 16, 2020, the Washington Utilities and Transportation Commission (UTC) issued a Policy Statement on renewable natural gas program design that provides important guidance for expansion of this nascent industry in...more

Seattle Proposes Natural Gas Ban for New Buildings

On December 3, 2020, Seattle Mayor Jenny Durkan announced new measures for electrifying buildings to help achieve the City’s aggressive climate goals. By updating its energy code, Durkan proposes banning the use of natural...more

Senate Confirms Two Commissioners, Returning Federal Energy Commission to Full Strength

On November 30, 2020, the U.S. Senate confirmed the paired nominations of Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). The nomination returns the Commission to a full five...more

FERC Proposes One-Year Deadline for States to Issue Clean Water Act Certifications

Acting in response to a Trump Administration Executive Order instructing federal agencies to reduce regulatory uncertainties and expedite construction of energy infrastructure, the Federal Energy Regulatory Commission (FERC)...more

FERC Policy Proposal May Advance State Efforts to Price Carbon Emissions

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement clarifying that it has jurisdiction over rules incorporating state-determined carbon pricing in wholesale electric...more

Grid of the Future? FERC Opens the Door to Aggregation of Distributed Energy Resources

On September 17, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2222, which paves the way for aggregated distributed energy resources to participate in the nation’s “organized” wholesale electricity...more

Trump Administration Nominates Two to FERC, Could Restore Commission to Full Strength

On July 27, 2020, President Trump nominated Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). If approved by the Senate, the nominations would return the Commission to full...more

Two Nominations Could Return FERC to Partisan Balance

On July 27, 2020, President Trump nominated Allison Clements and Mark Christie for seats on the Federal Energy Regulatory Commission (FERC). If approved by the Senate, the nominations would return the Commission, which...more

7/30/2020  /  Energy Sector , FERC , PURPA , Utilities Sector

FERC Adopts Final Rule on PURPA Reform Putting Long-Term Renewable Energy Contracts at Risk

On July 16, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 872, its Final Rule comprehensively rewriting its regulations for implementing the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Pacific Northwest Utilities Seek Thousands of Megawatts of New Renewable and Non-Emitting Energy: A Huge Opportunity for...

Driven by the need to comply with ambitious state targets for reduction of greenhouse gases in the utility sector, the recent and planned retirement of much of the region’s coal fleet, and the capacity deficits that are...more

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