News & Analysis as of

Rulemaking Process Infrastructure

Troutman Pepper Locke

FERC Reaffirms MISO Interconnection Queue Cap on Rehearing

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On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study...more

Jones Day

California Air Resources Board Offers Direction as to Application of California Climate Disclosure Laws

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On May 29, 2025, a virtual public workshop held by the California Air Resources Board ("CARB") offered direction on how it interprets certain elements of California's climate disclosure laws. While CARB has a July 1, 2025,...more

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

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Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Mayer Brown

Governo de Minas Gerais cria agência reguladora de Transportes

Mayer Brown on

O Governo do Estado de Minas Gerais deu um passo significativo no fortalecimento do marco regulatório do setor de transportes ao aprovar a instituição da Agência Reguladora de Transportes do Estado de Minas Gerais (Artemig) e...more

Troutman Pepper Locke

One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

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On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more

Holland & Knight LLP

President Trump Signs 4 Executive Orders to Deploy New Nuclear Reactors, Strengthen Supply Chain

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President Donald Trump signed four separate executive orders (EOs) on May 23, 2025, intended to result in a quadrupling of U.S. nuclear energy capacity to 400 gigawatts (GW) by 2050, all while strengthening domestic fuel...more

Troutman Pepper Locke

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

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On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business...more

Troutman Pepper Locke

FERC Accepts SPP’s Tariff Revisions Regarding Distribution of Make-Whole Payments for Self-Committed Resources

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On March 27, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) tariff revisions to remove the opportunity for resources that self-commit during the Reliability Unit Commitment Process (RUC) to avoid contributing to RUC...more

Jones Day

The Future of EPA's Risk Management Program May Be Found in History

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The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more

Perkins Coie

FERC Meeting Agenda Summaries for March 2025

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on March 13, at 10:00 a.m. ET. The summaries below are based on publicly...more

Goldberg Segalla

Navigating NEPA in the New Year

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On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Vorys, Sater, Seymour and Pease LLP

USEPA Releases Draft General Permit for Industrial Stormwater Discharges

On Friday, Dec. 13, 2024, the Environmental Protection Agency (EPA) released a proposed draft 2026 Multi-Sector General Permit for Industrial Stormwater Discharges (MSGP). The MSGP is a general permit that regulates...more

Jones Day

TSA Releases Proposed Rule to Enhance Pipeline and Railroad Cyber Risk Management

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The Transportation Security Administration's ("TSA") proposed rule would require owners and operators of certain pipeline, freight railroad, passenger railroad, rail transit, and over-the-road bus ("OTRB") systems to...more

Mintz - Technology, Communications & Media...

What’s New in Wireless - May 2024

The wireless industry has revolutionized the way we connect, from facilitating teleworking, distance learning, and telemedicine to allowing the American public to interact virtually in almost all other aspects of their daily...more

Mayer Brown

US FERC: The End of Reactive Power Compensation for Generators?

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Many electric power generating companies have filed with the Federal Energy Regulatory Commission (“FERC”) to collect reactive power compensation. FERC has now opened a rulemaking proceeding that would largely wind down most...more

Davis Wright Tremaine LLP

February 2024 UDAAP Bulletin

Editor's Note: The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Lowndes

Florida Senate Passes Bill to Limit Orange County's Proposed Rural Development Rules

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On February 28, 2024, the Florida Senate (Senate) passed SB 1420 in an effort to block regulations proposed by the Orange County Charter Review Committee (CRC) that would draw a new rural boundary that would heavily restrict...more

Davis Wright Tremaine LLP

Can the CPUC Fast Charge California's Transportation Electrification Goals? It Plans to Try

California has seen significant growth in the adoption of zero-emission vehicles and charging infrastructure in recent years. Today, one in four vehicles sold in California is a zero-emission vehicle (ZEV), of which an...more

Nossaman LLP

Update: Upcoming CPUC Rulemaking to Streamline Transmission Line Permitting

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UPDATE: The Commission adopted the Proposed OIR at its May 18, 2023 voting meeting and opened Rulemaking 23-05-018. The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting...more

Nossaman LLP

Upcoming CPUC Rulemaking to Streamline Transmission Line Permitting

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The California Public Utilities Commission (Commission) has uploaded a proposed Order Instituting Rulemaking(OIR) that would revamp the permitting process for siting of electric transmission infrastructure within the state of...more

Robinson+Cole Construction Law Zone

Comments on DOT Proposed Rulemaking for DBE and ACDBE Programs Extended to October 31, 2022

The Department of Transportation (DOT) recently published a notice in the Federal Register of proposed rulemaking (NPRM) to amend the Disadvantaged Business Enterprise (DBE) and the Airport Concession Disadvantaged Business...more

Ankura

CISA to Oversee Enforcement of Cyber Incident Reporting in Critical Infrastructure

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On March 15, 2021, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), which will require critical infrastructure owners and operators (among other things) to report...more

Pillsbury Winthrop Shaw Pittman LLP

UK Financial Regulators to Have Direct Oversight of Critical Third Parties

Under a proposed new regime, UK financial regulators will be granted a range of powers over third parties that provide critical services to the finance sector. Third parties will be designated as “critical” by HM Treasury...more

Foley & Lardner LLP

U.S. Department of Transportation Proposed Rulemaking Aims to Set Minimum Standards for EV Charging Infrastructure

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On June 9, the Federal Highway Administration (“FHWA”) within the U.S. Department of Transportation (“DOT”) announced a Notice of Proposed Rulemaking (“NPRM”) to establish a set of minimum standards and requirements for...more

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