News & Analysis as of

Energy Projects Environmental Impact Statements

Snell & Wilmer

U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

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On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more

Troutman Pepper Locke

Court Finds FERC Appropriately Evaluated Decision to Retain Dams in License Surrender

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On January 14, 2025, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) held that FERC complied with the National Environmental Policy Act (“NEPA”) in approving the surrender of a hydroelectric project license....more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

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On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

Fenwick & West LLP

Montana Supreme Court Sides with Youth Climate Activists

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In a 6-1 ruling yesterday, Montana’s Supreme Court upheld a landmark decision finding that a 2011 state law making it illegal to consider environmental impacts (including greenhouse gas emissions) when issuing permits for...more

Akin Gump Strauss Hauer & Feld LLP

FERC Overrules Northern Natural and Finds it Does Not Need to Identify Whether a Natural Gas Project’s Greenhouse Gas Emissions...

On November 27, 2024, in Venture Global, CP2 LNG, LLC,1 the Federal Energy Regulatory Commission’s (FERC or Commission) explicitly overruled precedent set in Northern Natural Gas Co., a 2021 decision in which FERC made an...more

Allen Matkins

Renewable Energy Update 11.18.24

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Public Service Co. of New Mexico (PNM) announced on November 11 that it plans to join the California Independent System Operator’s (CAISO) extended day-ahead market, or EDAM, beginning in 2027. The market is slated to launch...more

BCLP

Autumn Budget 2024: Key Takeaways for the UK’s Energy Sector - Part Two

BCLP on

On October 30 2024, the Labour government delivered their first Budget since 2010. The Budget introduced some key changes for the energy industry, including the Energy Profits Levy and Relief for payments made into a Carbon...more

Allen Matkins

Renewable Energy Update 8.05.24

Allen Matkins on

According to the Department of the Interior, the Bureau of Land Management (BLM) is proceeding with nine solar projects on public lands to potentially power nearly 2 million homes with clean energy. Among the projects, the...more

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

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Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

BCLP

Significant Implications for Environmental Assessment of Major Projects

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The Supreme Court’s judgment in R(Finch) v Surrey County Council [2024] UKSC 20 has potentially significant implications on how environmental impacts of major projects are assessed. The question at the heart of the case was...more

Gray Reed

Texas Deepwater Port Survives Legal Challenge

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In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more

Pierce Atwood LLP

Massachusetts Commission Recommends Expediting Siting Processes for Clean Energy Projects

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The Massachusetts Commission on Energy Infrastructure Siting and Permitting published its report making recommendations to Governor Maura Healey on clean energy infrastructure siting and permitting reform. Governor Healey...more

Akin Gump Strauss Hauer & Feld LLP

Implications of US Department of Energy Decision to ‘Pause’ Authorizations of Liquefied Natural Gas Exports May Extend Beyond...

On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more

Perkins Coie

BOEM Announces Draft Regional Environmental Analysis of Offshore Wind Energy in New York Bight

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The Bureau of Ocean Energy Management (BOEM) published the Notice of Availability on January 12, 2024, for the draft programmatic environmental impact statement (PEIS) on offshore wind energy development activities in the New...more

Pierce Atwood LLP

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

Pierce Atwood LLP on

On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

Troutman Pepper Locke

D.C. Circuit Finds FERC Failed to Justify Not Preparing a Supplemental EIS for Mountain Valley Pipeline

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On May 26, 2023, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. Federal Energy Regulatory Commission largely denying challenges to several FERC orders authorizing...more

Akin Gump Strauss Hauer & Feld LLP

Environmental Justice Community Impacts Take Center Stage at FERC

Energy industry watchers are waiting to see whether environmental or industry groups will appeal a pair of decisions issued by the Federal Energy Regulatory Commission (FERC) on April 21, 2023, that addressed the impacts of...more

Troutman Pepper Locke

Messing with Texas: Texas Legislature ‎Proposes to Establish Permitting ‎Framework for New and ‎Existing Wind and Solar Projects

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Texas has long been known for its light-touch regulatory regime, particularly towards the energy industry, but in the current legislative session state lawmakers are considering legislation that would require state permits...more

Troutman Pepper Locke

Senator Manchin’s Permitting Reform Bill Pulled From the Continuing Resolution

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On September 21, Senator Joe Manchin (D-WV), Chairman of the Senate Energy and Natural Resources Committee, released the text of the Energy Independence and Security Act of 2022 (Act). This comprehensive Act was set to be...more

Troutman Pepper Locke

Supreme Court of California Finds FERC License Preempts Challenge to FERC Order

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On August 1, the Supreme Court of California upheld a decision by the Court of Appeal, which found that the Federal Power Act (FPA) preempts application of the California Environmental Quality Act (CEQA) when the state is...more

Beveridge & Diamond PC

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

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Updated March 28, 2022 - As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of...more

Allen Matkins

Offshore Wind Development Blows Closer to Reality in California

Allen Matkins on

Offshore wind development in federal waters off the California coast is rapidly moving closer to reality. Although construction and operation remains several years away, the Bureau of Ocean Energy Management (BOEM), the...more

Mayer Brown

US Offshore Wind Development: 2021 Year in Review and Looking Ahead

Mayer Brown on

The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are...more

Mayer Brown

Interior Department: Three Milestones for Offshore Wind Energy Development in the Atlantic and Gulf of Mexico

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On October 28, 2021, in furtherance of the Biden-Harris administration’s goal of deploying 30 gigawatts (GW) of offshore wind energy by 2030, the US Department of the Interior announced three major offshore wind development...more

Vinson & Elkins LLP

FERC Issues Two New Policy Statements Regarding Natural Gas Infrastructure Construction

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On February 18, 2022, the Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote related to the construction of natural gas facilities....more

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