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Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

Federal Court Remands Renewable Energy Project for Additional Explanation; Delay Ensues

Last week, a federal district court in Nevada ruled that the Bureau of Land Management (BLM) and U.S. Fish and Wildlife Service (FWS) failed to adequately explain a decision to authorize a proposed wind energy project. The...more

EPA Issues New RFS Rule; Expands Advanced Biofuel Pathways

On July 2, EPA published a final rule that amends three separate sets of regulations relating to fuels. These regulations clarify the number of cellulosic biofuel renewable identification numbers (RINs) that may be generated...more

Federal Agency Approvals Beyond the Scope of the Migratory Bird Treaty Act

In the last month, two separate federal district courts have declined to extend the scope of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 (MBTA), to federal agency approvals of projects that plaintiffs alleged could...more

GAO Recommends That BLM Do a Better Job of Permitting Oil and Gas Development

The Government Accountability Office (“GAO”) conducted a review of certain aspects of the Bureau of Land Management’s (“BLM”) management of federal oil and gas resources. Following this review, the GAO produced a report of...more

Hydraulic Fracturing Divides U.S. Congress

Lawmakers are heavily divided when it comes to the regulation of hydraulic fracturing. Currently, there are twelve bills in Congress that address the regulation of oil and natural gas operations (four in the Senate and eight...more

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