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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

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

BOEM Proposes to Streamline Offshore Wind Projects

The Bureau of Ocean Energy Management (BOEM) recently released for public comment a notice of proposed rulemaking (NPRM) that would, if adopted, comprehensively update its Outer Continental Shelf (OCS) renewable energy...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

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

FERC Adopts New Rules for Pipeline Certificate Orders to Address Concerns of D.C. Circuit

On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued new rules designed to address concerns expressed by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) about abuse of landowner...more

D.C. Circuit En Banc Review of FERC Tolling Orders Could Have Profound Implications for Infrastructure Projects Requiring FERC...

On March 20, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), sitting en banc, will hear arguments challenging the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders.”...more

Virginia Regulators Considering Amendments to Rules for 150 Megawatt Solar Projects

The Virginia Department of Environmental Quality (VDEQ) has taken the first step towards amending existing permitting procedures for small solar energy projects. The potential amendments may help sustain the recent...more

First-Ever Legal Challenge Filed Against Proposed Federal Offshore Wind Lease Auction

A coalition of fishing advocates, local towns, and municipalities from New Jersey to Rhode Island has sued the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) and sought a temporary restraining...more

Ohio Wind Developer and FWS Successfully Defend Incidental Take Permit for Endangered Indiana Bat

A proposed Ohio wind farm cleared another legal hurdle last week when Judge Leon of the United States District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service's (“FWS”) issuance of an incidental...more

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