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Debt Ceiling Law’s Permitting Reform Elements Promise Benefits for Project Applicants

Legislation recently enacted to raise the federal debt ceiling (the Fiscal Responsibility Act of 2023 or FRA) includes major permitting reforms with the potential to streamline federal environmental reviews under the National...more

Wetlands and WOTUS: Implications of Sackett v. EPA

On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more

Inflation Reduction Act: Environmental Provisions

The Inflation Reduction Act (IRA), the Biden Administration’s signature legislative achievement, includes several provisions aimed at fighting climate change by reducing greenhouse gas (GHG) emissions. The law represents the...more

DOE Study Lays Groundwork for Solar Energy Development

A new study by the U.S. Department of Energy supports a dramatic expansion in solar energy development, finding that solar energy could comprise as much as 40 percent of U.S. electricity supply within the next 15 years. The...more

Emerging Trends in US Offshore Wind Energy Development

Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more

What's in Biden's Infrastructure Plan?

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

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

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

EPA Publishes Draft Guidance on Applying Supreme Court's Decision in County of Maui v. Hawaii Wildlife Fund

The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020).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

FERC in the Biden Era

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

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

Supreme Court Establishes Permitting Standard for Discharges to Groundwater

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

COVID-19: Environmental Enforcement Quarantine - Regulators Announce Reduced Enforcement During the COVID-19 Pandemic

The COVID-19 pandemic has led to a number of rapid-fire legislative, executive, and regulatory responses in the U.S. States, counties, and cities have issued shelter-in-place and other emergency orders, causing certain...more

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Issues to Watch at FERC in 2020

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

DOJ Significantly Limits the Use of Supplemental Environmental Projects

The US Department of Justice (DOJ) Environment and Natural Resources Division has announced a major overhaul in the use of Supplemental Environmental Projects (SEPs) - a key penalty mitigation approach commonly used in...more

Energy Market Manipulation Remains a Hot Issue at FERC

This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

EPA’s PFAS Action Plan Presents Opportunities for Advocacy

On February 14, 2019, the Environmental Protection Agency (EPA) released an Action Plan for addressing per- and polyfluoroalkyl substances (collectively, PFAS), a group of chemical compounds that has been linked to negative...more

New Jersey Issues Largest-Ever Solicitation for Offshore Wind

New Jersey continues to up the ante in states’ commitments to developing offshore wind. When he ran for office, New Jersey Governor Phil Murphy promised to promote the deployment of 3,500 megawatts (MW) of wind energy...more

Sixth Circuit Holds Clean Water Act Does Not Require Permits for Discharges to Groundwater

On September 24, 2018, the US Court of Appeals for the Sixth Circuit ruled that the Clean Water Act (CWA) does not require a National Pollution Discharge Elimination System (NPDES) permit for the discharges of pollutants to...more

Infrastructure Series: Momentum Builds for Offshore Wind Energy Development in the United States

This is the eighth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Infrastructure Series: Paying for and Permitting Water Infrastructure

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Regulatory Challenges Posed by Emerging Contaminants

Awareness of the presence of contaminants of emerging concern (a.k.a. emerging contaminants) in public and private water supplies around the country has become a considerable focus of public officials and the general public....more

Infrastructure Series: Fast-Tracking Electric Transmission Infrastructure

This is the third issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys will share insights on current and emerging issues affecting infrastructure project developers in the United States....more

10-in-10 Infrastructure Series: Federal Agency Efforts to Streamline Permitting

This is the second issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

SCOTUS: WOTUS Rule Suits Belong in District Courts

On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for “waters of the United States”), must be filed in federal district...more

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