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Dunes Sagebrush Lizard Listed as Endangered: What it Means for Permian Producers and Frac Sand Availability

On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more

CEQ’s Proposed NEPA Phase 2 Rule Turns Procedure Into Substance and Could Have "Significant Effects" on Permitting and...

Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more

Something Old or Something New?: Navigating the Biden Administration’s Latest Move on Defining “Waters of the United States”

The Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Army Corps”) delivered on their commitment to issue a new rule defining “waters of the United States” (“WOTUS”) by the end of 2022, releasing a...more

What the Inflation Reduction Act Would Do, and Not Do, to Support Continued Offshore Wind Development

The Inflation Reduction Act spending bill, reflecting compromise between Senator Joe Manchin and Majority Leader Chuck Schumer, contains several measures to bolster offshore wind and other renewable energy development in the...more

Three Things to Watch in Development of U.S. Offshore Wind

Offshore wind developers have poured billions of dollars into securing leases in state and federal waters in recent months, with many more billions to be spent developing wind assets to support ambitious state and federal...more

New York Bight Launches Offshore Wind Race in U.S.

The end of February was a very exciting time for the offshore wind power space. In the three-day New York Bight auction conducted by the Bureau of Ocean Energy Management (“BOEM”) beginning on February 23, six companies...more

2021 Environmental Justice Trends – Heightened Emphasis on Environmental Justice and Civil Rights Signals Significant Changes for...

The concept of “environmental justice” (“EJ”) is not new—the federal government has been working to define and address environmental justice and related human health and environmental effects since the Clinton administration....more

Feds May Need Power To Take State Lands For New Grid

Ambitions to decarbonize the power sector by 2035 face a number of significant hurdles — the most intractable of which may be the extent of corresponding highvoltage transmission infrastructure necessary to accommodate the...more

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more

[Webinar] Recent Developments in U.S. Offshore Wind Energy - March 4th, 12:00 pm - 1:00 pm CT

The United States has tremendous offshore wind energy resource potential with the ability to provide thousands of highly-skilled jobs and large amounts of renewable energy in close proximity to many of the country’s largest...more

Army Corps Finalizes Nationwide Permit Revisions Affecting Infrastructure Development

On January 5, 2021, the U.S. Army Corps of Engineers (“Army Corps”) released a pre-publication version of its final rule reissuing and modifying a subset of its suite of nationwide permits (“NWPs”), including those used for...more

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