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
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
6/8/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
9/2/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Clean Energy ,
Climate Change ,
Environmental Justice ,
Federal Funding ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Mineral Leases ,
Oil & Gas ,
Popular ,
Production Tax Credit
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
9/14/2021
/ Biden Administration ,
Clean Energy ,
Department of Energy (DOE) ,
Electricity ,
Energy Sector ,
Environmental Justice ,
FERC ,
Legislative Agendas ,
Regulatory Agenda ,
Renewable Energy ,
Research and Development ,
Solar Energy ,
Tax Credits ,
Transmission Planning
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
8/16/2021
/ Biden Administration ,
BOEM ,
Clean Energy ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Federal Funding ,
FERC ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Infrastructure ,
Infrastructure Financing ,
Memorandum of Understanding ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Offshore Wind ,
Operational Permits ,
Renewable Energy ,
US Army Corps of Engineers ,
Wind Power
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
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
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
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
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
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
2/27/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
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
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
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
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 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
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
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
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
3/16/2018
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Protection Agency (EPA) ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Groundwater ,
Infrastructure ,
NEPA ,
Permits ,
Public Projects ,
Trump Administration ,
Water Supplies
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
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
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
3/2/2018
/ Clean Water Act ,
Deregulation ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits ,
Trump Administration ,
Waters of the United States
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