The transition from EP3 to EP4 has the potential to significantly impact new projects and expansions of existing projects financed by EPFIs in the United States and other high-income Designated Countries -
The Equator...more
The transition from EP3 to EP4, now postponed to October 1, 2020, will significantly impact projects in the United States and other high-income Designated Countries.
The Equator Principles (EPs) were recently updated and...more
The rising volatility of financial markets since the beginning of the Covid-19 pandemic has prompted many investors to increase their focus on resilience, governance, and corporate leadership as they strive to understand...more
Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more
On December 14, 2016, the US Fish and Wildlife Service (FWS) finalized its proposed revisions to the Eagle Rule (Final Rule) and released its Record of Decision (ROD). The Final Rule allows companies and others to obtain...more
On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect.
The IIP is a voluntary, pre-application process intended to streamline and...more
On July 5, 2016, the public comment period closed for the US Fish and Wildlife Service’s (FWS) proposed revisions to the rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act) and...more
On August 2, 2016, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies to assess the impact of their decisions on greenhouse gas emissions (GHGs) and also how such decisions...more
On July 7, 2016, the US Fish and Wildlife Service (FWS) announced its Record of Decision (ROD) for the Upper Great Plains Wind Energy Programmatic Environmental Impact Statement (PEIS). This is the final step in a process...more
US District Court rejects US Bureau of Land Management’s rule regarding hydraulic fracturing operations on federal and Tribal lands.
On June 21, 2016, the US District Court for the District of Wyoming (District Court)...more
6/23/2016
/ Bureau of Land Management ,
Department of the Interior ,
Energy Policy Act ,
Final Rules ,
FLPMA ,
Fracking ,
Oil & Gas ,
Public Land ,
Safe Drinking Water Act ,
Statutory Authority ,
Tribal Lands
On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more
On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the...more
Legal challenges to moratorium likely as US Department of Interior considers reforms.
On Friday, January 15, 2016, US Department of the Interior Secretary Sally Jewell announced that the US will “pause” federal coal...more
On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more
On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more
8/20/2015
/ American Bird Conservancy ,
Bald and Golden Eagle Protection Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Final Rules ,
Incidental Take Permits ,
NEPA ,
Regulatory Agenda ,
Remand ,
Renewable Energy ,
Takings Clause ,
US Fish and Wildlife Service
Investors, consumers and other stakeholder groups are driving a growing demand for companies to disclose more information about their environmental, social and governance (ESG) and sustainability practices. Many companies are...more
On May 26, nine western states filed an amicus brief in People for the Ethical Treatment of Property Owners (PETPO) v. United States Fish and Wildlife Service urging the 10th Circuit Court of Appeals to limit the reach of...more
On a March 18, 2014 webcast, a panel of senior US Latham & Watkins lawyers from our Environmental Department provided an overview of recent key developments related to hydraulic fracturing. Presented below are answers to some...more
Oil and gas companies and oil-field service providers with California operations should scrutinize newly proposed rules on hydraulic fracturing and well stimulation, with comments due by mid-January.
Introduction...more