News & Analysis as of

Renewable Energy Endangered Species Act (ESA)

Allen Matkins

California Considers Endangered Species Protection for Burrowing Owls - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

On March 5, 2024, six conservation groups filed a petition with the California Fish and Game Commission (the Commission) to request the implementation of legal protections for five populations of the western burrowing owl...more

Robinson+Cole Environmental Law +

First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Nossaman LLP

Advocacy Groups Threaten Endangered Species Act Lawsuit Against Virginia Offshore Wind Project

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On November 13, two advocacy organizations submitted a notice of intent to sue the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The notice letter alleges that the September 18,...more

Nossaman LLP

Federal Court Dismisses Fishing Industry Challenge to Massachusetts Offshore Wind Project

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On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Locke Lord LLP

Lek It or Not: ESA Listing of Lesser ‎Prairie-Chicken Has Major ‎Implications for Energy ‎Projects in ‎the Southwest

Locke Lord LLP on

On November 25, 2022, the U.S. Fish and Wildlife Service (the “Service”) published a final rule listing two Distinct Population Segments (“DPSs”) for the lesser prairie-chicken (Tympanuchus pallidicinctus, “LEPC”) under the...more

Allen Matkins

California Environmental Law & Policy Update - November 2022 #3

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California unveils plan to reach carbon neutrality by 2045 - Los Angeles Times – November 16 The California Air Resources Board (CARB) on Wednesday released a scoping plan outlining in broad strokes how the state intends to...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

Allen Matkins

Renewable Energy Update - August 2022 #3

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California NEM 3.0: Regulators propose 1-year delay to net metering decision Bullet Renewable Energy World – August 16 California regulators want to take another year to evaluate potential changes to the state's net energy...more

Allen Matkins

Renewable Energy Update - April 2022

Allen Matkins on

President Biden to invoke Defense Production Act for electric vehicle battery materials Bullet CNBC – March 31 President Joe Biden will invoke the Defense Production Act to encourage domestic production of minerals required...more

K&L Gates LLP

U.S. Fish and Wildlife Service Proposes "Endangered" Listing for Northern Long-Eared Bat

K&L Gates LLP on

On 23 March 2022, the U.S. Fish and Wildlife Service (the Service) issued a proposed rule (Proposed Rule) to reclassify the northern long-eared bat from a threatened species to an endangered species under the Endangered...more

Husch Blackwell LLP

Legal Challenges to Renewable Energy Development, and How NEPA Can Help

Husch Blackwell LLP on

2021 witnessed a new but familiar competition among stakeholders for the use and enjoyment of the Outer Continental Shelf. Last year, interested parties initiated five lawsuits against the first federally approved offshore...more

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

WilmerHale on

Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more

(ACOEL) | American College of Environmental...

Renewable Energy? For some, the answer may not be blowing in the wind.

The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...more

Allen Matkins

California Environmental Law & Policy Update - February 2021 #3

Allen Matkins on

State senators introduce bill to ban hydraulic fracturing in California by 2027 - San Francisco Chronicle – February 17 - State Senators Scott Wiener and Monique Limon have introduced a bill that would halt the...more

Vinson & Elkins LLP

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

Vinson & Elkins LLP on

While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

Foley & Lardner LLP

A New Agenda: Significant Changes in U.S. Environmental Policy Are Expected in 2021

Foley & Lardner LLP on

Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Allen Matkins

California Environmental Law & Policy Update - November 2020

Allen Matkins on

U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #4

Allen Matkins on

California plans to ban sales of new gas-powered cars in 15 years - The New York Times – September 23 - California plans to ban the sale of new gasoline-powered cars statewide by 2035, Governor Gavin Newsom announced...more

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

Woods Rogers on

On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2020: USA

Overview of the current energy mix, and the place in the market of different energy sources - U.S. energy consumption was 101 quadrillion British thermal units (Quads) in 2018, up from 97 Quads in 2017, according to the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2019

Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more

Jones Day

The Climate Report - Spring 2018

Jones Day on

Climate Change Regulatory Issues & Updates - EPA Releases 2018 Edition of the Greenhouse Gas Emissions Inventory - A new version of EPA's Greenhouse Gas Emissions Inventory shows a decline in U.S. total net greenhouse...more

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