On October 17, 2024, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Supplemental Notice of Proposed Rulemaking (“Supplemental NOPR”) that proposes a reduction to the currently effective index...more
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and...more
The United States electric grid is becoming increasingly stressed as the nation navigates the energy transition and demand for electricity rises. On May 1, 2024, recognizing the stress on the grid and the need for additional...more
On March 19, 2024, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve revisions to NERC’s Rules of Procedure (“ROP”) that would require certain...more
On February 12, 2024, the U.S. Fish and Wildlife Service (USFWS) released its final rule revising its permit regulations for “take” under the Bald and Golden Eagle Protection Act (BGEPA), an overhaul that has been several...more
On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859. This case carries enormous potential consequences for...more
12/1/2023
/ Administrative Law Judge (ALJ) ,
Article II ,
CFTC ,
Civil Monetary Penalty ,
FERC ,
Jury Trial ,
Oral Argument ,
SCOTUS ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment
On November 16, 2023, the Department of Energy (“DOE”) issued a notice of proposed rulemaking (“NOPR”) that would amend DOE’s regulations implementing the National Environmental Policy Act (“NEPA”) to add a categorical...more
On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more
9/7/2023
/ Administrative Procedure Act ,
Construction Project ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Land Developers ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more
8/17/2023
/ Biden Administration ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
CEQ ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Impact Statements ,
Federal Power Act ,
FERC ,
NEPA ,
Renewable Energy
Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more
On July 27, 2023, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a final rule intended to revolutionize the interconnection process. Among other things, the final rule replaces the prior...more
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (“the Act”), which includes modest changes to the National Environmental Policy Act (“NEPA”), among other things. The Act amends NEPA in...more