News & Analysis as of

Federal Energy Regulatory Commission Environmental Litigation

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

Troutman Pepper Locke on

On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

(ACOEL) | American College of Environmental...

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality—A Nut Case?

In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...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

Perkins Coie

FERC Directs NERC To Update Reliability Standards To Address Reliability Gaps Related to IBRs

Perkins Coie on

Amid the rapidly increasing pace of nonsynchronous resources being added to the electric grid, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 901 on October 19, 2023. This order directs the...more

Pillsbury - Gravel2Gavel Construction & Real...

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

This is a selection of significant environmental and regulatory law cases decided by the federal courts after the Supreme Court’s 2021 Term concluded....more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick...

This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 39, October 2020

Mountain Valley Says Natural Gas Pipeline Timing Depends on Litigation, U.S. Approvals - “'As the litigation process progresses and as we receive additional information from FERC regarding potentially releasing the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 31, August 2020

Exxon Mobil: Doubling Down While Facing Peak Oil Demand - "With most competitors pivoting away from upstream growth, Exxon continues to press ahead with investments despite very challenging current price environment for...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #4

Fossil Fuels Still Supply 84 Percent of World Energy — and Other Eye Openers from BP’s Annual Review - "China was responsible for three quarters of the world’s energy consumption growth, followed by India and Indonesia....more

McCarter & English, LLP

FERC Mandates Remote Proceedings

The Federal Energy Regulatory Commission (FERC) has adapted swiftly to being physically closed to the public due to the pandemic. Energy industry participants should understand that wholesale energy regulation is moving...more

Saul Ewing LLP

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

Saul Ewing LLP on

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018

New York Sues Exxon Mobil, Saying It Deceived Shareholders on Climate Change - "The litigation, which follows more than three years of investigation, represents the most significant legal effort yet to establish that a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018

Anti-Secrecy Lawsuits Soaring Against Pruitt's EPA - "The suits have come from open government groups, environmentalists and even conservative organizations that have run into a wall trying to pry information out of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

McDermott Will & Emery

Environmental Organizations File Litigation Briefs Supporting New York’s ZEC Program

Two environmental organizations, Environmental Defense Fund (EDF) and Natural Resources Defense Council (NRDC), have weighed in to defend the legality of New York State’s Zero Emissions Credit (ZEC) program in ongoing...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Jackson Walker

Renewable Energy Case Law Update

Jackson Walker on

This case law update describes a selection of renewable energy cases from 2015. It is not intended to address all renewable energy cases over the previous year, but rather, highlight a few that are more likely to be of...more

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