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Seeking Certainty: FERC’s Final Rule Establishes Categorical One-Year Waiver Period for Water Quality Certification Requests for...

On March 18, 2021, FERC issued a final rule, effective 90 days after publication in the Federal Register, establishing a categorical one-year deadline for certifying authorities (usually state agencies) to act on a request...more

United States Files Amicus Brief in Support of PennEast Pipeline Company’s Petition for a Writ of Certiorari in Closely-Watched...

On December 9, 2020, the Acting Solicitor General filed a brief on behalf of the United States, as amicus curiae, in support of PennEast Pipeline Company’s petition for a writ of certiorari seeking review of a decision of the...more

Five Key Takeaways From Saul Ewing Arnstein & Lehr’s Energy & the Environment in the Northeast: Biggest Challenges of 2020...

From the COVID-19 threat, disrupted supply chains and economic fluctuations to the dichotomy in shifting state and federal policies, regulations, ongoing litigation, compliance issues, and cyber threats, the energy and...more

D.C. Circuit Rules That States Waived Clean Water Act Section 401 Authority, Rejects Argument That “Withdrawal-and-Resubmission”...

On January 25, 2019, the United States Court of Appeals for the District of Columbia Circuit issued a unanimous decision in Hoopa Valley Tribe v. FERC, No. 14-1271 (D.C. Circuit), ruling that California and Oregon waived...more

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