In an extended Earth Day event, President Biden hosted the virtual Leaders Summit on Climate (“Summit”) on April 22 and 23, seeking to unite nations around the world in the goal of reducing global greenhouse gas (“GHG”)...more
4/28/2021
/ Biden Administration ,
Brazil ,
Canada ,
Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FSOC ,
Greenhouse Gas Emissions ,
Infrastructure ,
Japan ,
Proposed Legislation ,
U.S. Treasury ,
UK
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
The Securities and Exchange Commission (SEC) announced in recent weeks multiple efforts to highlight climate change in corporate disclosures and to increase scrutiny and, potentially, enforcement focus on company disclosure...more
3/16/2021
/ Biden Administration ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Form 10-K ,
Form 10-Q ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities and Exchange Commission (SEC)
Fulfilling one of his central campaign promises, President Biden signed a wide-ranging Executive Order last week addressing climate change through energy, infrastructure, national security, foreign affairs, and social justice...more
2/2/2021
/ Biden Administration ,
Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Domestic Policy ,
Environmental Policies ,
Executive Orders ,
Federal Agency Taskforce ,
Foreign Policy ,
Fossil Fuel ,
Infrastructure ,
Paris Agreement ,
Regulatory Agenda ,
Renewable Energy
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
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
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
This is the seventh 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
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
Negotiations to reshape the North American Free Trade Agreement (NAFTA) among the United States, Canada and Mexico have recently intensified as various factors—upcoming elections in Mexico in July and in the United States in...more
5/4/2018
/ Canada ,
Energy Sector ,
Free Trade Agreements ,
Infrastructure ,
Investor State Dispute Settlement (ISDS) ,
Keystone XL Pipeline ,
Mexico ,
NAFTA ,
Oil & Gas ,
Trade Relations ,
Trump Administration ,
Wind Power
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 seventh 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
4/13/2018
/ Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Expedited Approval Process ,
FERC ,
Infrastructure ,
Memorandum of Understanding ,
NEPA ,
OMB ,
Regulatory Agencies ,
Trump Administration
The natural resource damage assessment (NRDA) process has evolved since its inception in the late 1970s. The innovations keep coming. In 2016, a third-party “credit banking” mechanism was used for the first time to settle...more
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
On December 1, the Environmental Protection Agency (EPA) announced that it will not promulgate a final rule requiring hardrock mining facilities (i.e., facilities for the extraction, beneficiation, and processing of metals...more
The Federal Energy Regulatory Commission (FERC) published a notice of proposed rulemaking (NPRM) on October 26, suggesting updates to the Critical Infrastructure Protection (CIP) Reliability Standard governing cybersecurity...more
On October 4, the Ninth Circuit reversed the District Court for the Southern District of California's decision to allocate to a government contractor 100 percent of cleanup costs for hazardous contamination at a manufacturing...more
The Tenth Circuit on July 19, 2017, in Chevron Mining, Inc. v. United States, reversed a decision by the District Court for the District of New Mexico and held that the United States is liable as an “owner” under the...more
Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...more
On March 28, President Trump launched a sweeping overhaul of US energy and environmental policy. The presidential Executive Order on Promoting Energy Independence and Economic Growth (Order) repeals several policies of the...more
On January 11, 2017, the Bureau of Land Management (BLM) within the Department of the Interior released a scoping report analyzing a wide range of proposed reforms to the federal coal leasing program, administered by the BLM....more
This is the final alert in an eight-week series that provided a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm have addressed issues ranging from cybersecurity, antitrust and...more
On Wednesday, September 28, 2016, the Department of Energy (DOE) published in the Federal Register a final rule which revises the agency's regulations governing its Integrated Interagency Pre-Application (IIP) process and...more
Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, lawyers from across the firm will discuss issues ranging from...more
On August 1, 2016, the White House Council on Environmental Quality (CEQ) released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from...more