News & Analysis as of

Environmental Impact Report (EIR) Energy Sector

Latham & Watkins LLP

Renewable Energy Projects Face an Ill Wind in Texas

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Proposed legislation would impose new constraints and regulatory obstacles for renewable energy, as conservative responses to ESG-related initiatives continue to morph across the US. The Texas legislature is considering...more

Miller Starr Regalia

California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt...

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In a 5-2 opinion filed August 1, 2022, a divided California Supreme Court held the Federal Power Act (“FPA”; 16 U.S.C. § 791a et seq.) does not “occupy the field” and entirely preempt CEQA’s application to the state’s...more

Beveridge & Diamond PC

FERC Adopts a New Policy for Consideration of Greenhouse Gas Impacts in Environmental Analyses of Applications for Natural Gas...

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On February 17, 2022, by a 3-2 vote, the Federal Energy Regulatory Commission (FERC) adopted a new Interim Greenhouse Gas (GHG) Emissions Policy Statement (GHG Policy Statement) setting forth an interim framework for...more

Troutman Pepper

DC Circuit Directs FERC to Consider Environmental Impacts of LNG Facilities

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In an August 3 opinion in the case of Vecinos para el Bienestar de la Comunidad Costera et al. v. FERC, Case No. 20-1093, the U.S. Court of Appeals for the District of Columbia Circuit determined that the Federal Energy...more

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Handles Supreme Court Remand by Deferring to MPUC’s Findings on Gas Plant Need

As a follow up to our post here, the Minnesota Court of Appeals issued a decision on August 23 affirming the MPUC’s decisions related to the Nemadji Trail Energy Center natural gas plant (NTEC) that will be constructed in...more

Troutman Pepper

FERC Approves Pipeline Certificates with Last Minute Amendment Caveating GHG NEPA Analysis as “Information Only”

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On May 20, 2021, FERC issued two orders in which it authorized two pipeline companies to construct and abandon certain pipeline facilities, subject to conditions. In an exciting and sometimes tense Commission open-meeting,...more

Nossaman LLP

On-Demand Webinar | Charting a Course for Offshore Wind Energy in California

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On May 6, 2021, members of Nossaman’s Coastal Development and Environment & Land Use Groups along with some special guest speakers discussed current proposals and pending regulations concerning offshore wind development along...more

Nossaman LLP

[Webinar] Charting a Course for Offshore Wind Energy in California - May 6th, 11:00 am - 12:30 pm PDT

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Please join members of Nossaman’s Coastal Development and Environment & Land Use Groups on May 6, 2021 from 11:00 a.m. to 12:30 p.m. PT as we present “Charting a Course for Offshore Wind Energy in California” to discuss...more

Downey Brand LLP

Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance

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On Tuesday, February 25, 2020, the Fifth Appellate District invalidated Kern County’s 2015 Oil and Gas Ordinance (the “Ordinance”), which was intended to streamline the permitting process for a variety of oil and gas...more

Benesch

Proposed Elimination of Cumulative Effects Analysis under NEPA Leaves Climate Change Considerations in Jeopardy

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On January 9th, President Donald Trump in conjunction with the Council on Environmental Quality (“CEQ”) proposed sweeping regulatory revisions to rules that govern how the CEQ implements the National Environmental Policy Act...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed NEPA Regulations Would Streamline Analysis and Eliminate Cumulative Impacts

The proposed NEPA regulations would eliminate agencies’ obligation to consider a project’s indirect and cumulative impacts in environmental reviews and would shorten the time frame for completing reviews, among other major...more

Benesch

Trump Administration Proposes New Guidelines for Implementing the National Environmental Policy Act

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For the first time in over forty years, the White House Council on Environmental Quality (the “CEQ”) is proposing to revise the National Environmental Policy Act (“NEPA”) regulations. On January 9, 2020, the Trump...more

Perkins Coie

Power Plant EIR Defeated By Inadequate Responses to Commenters’ Proposed Mitigation Measures

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An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Greater Basin., 3d Dist. Court of Appeal Case No. C080342 (certified...more

Downey Brand LLP

California Air and Climate Vol. 10: CARB Reports Continued Declines in Greenhouse Gas Emissions; Tulare County Settles Lawsuit...

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CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more

Miller Starr Regalia

The Curious Case of the EIR Without A “Project”: Third District Rejects CEQA, Statutory Challenges To DOGGR’s “Unique” S.B....

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In a 38-page opinion filed on May 16, and belatedly ordered published on June 14, 2019, the Third District Court of Appeal affirmed the trial court’s judgment rejecting all of plaintiff/appellant Center for Biological...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Mexico

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With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #2

Trump Said to Seek Limits on State Power in Pipeline Approvals - "Trump's order comes as the president continues to chafe at regulatory barriers he says throttle the full potential of American 'energy dominance,' while...more

White & Case LLP

Judge Orders Government to Account for Climate Change Impacts before Leasing Federal Lands to Energy Developers

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The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more

Perkins Coie

Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA

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A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more

Pillsbury - Gravel2Gavel Construction & Real...

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Holland & Knight LLP

Small-Scale LNG Exports Presumptively Approved

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Following recent developments in liquefied natural gas (LNG) export policy in which we outlined in previous blog posts on June 12, 2018 and June 22, 2018, the Department of Energy (DOE) Office of Fossil Energy issued a Final...more

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

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• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

WilmerHale

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2017 #2

Virginia Agency Takes Unexpected Step that Could Delay Gas Pipeline Project - "The State Water Control Board approved permits for the $5 billion Atlantic Coast Pipeline, which is backed by Dominion Energy, but took the...more

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