Latest Publications

Share:

SEC proposes expansive climate-related disclosure rules - SEC Update

On March 21, in one of its most significant rulemakings in recent years, the Securities and Exchange Commission proposed rules that would require public companies to provide investors with extensive, consistent, and...more

Directive uses Defense Production Act to boost U.S. sourcing of critical materials for clean energy

On March 31, 2022, President Biden issued Presidential Determination No. 2022-11, directing the Secretary of Defense, pursuant to Section 303 of the Defense Production Act of 1950 (“DPA”), to take measures to improve the...more

President Biden takes executive actions on climate change, clean energy, and scientific integrity

President Biden ran on an energy and environmental platform calling for a carbon-free power sector by 2035 and net-zero carbon emissions by 2050. The new Administration has hit the ground running with a raft of Executive...more

Year end COVID-19 relief/stimulus package includes sweeping energy provisions

The US$900 billion COVID-19 relief/stimulus package passed by Congress and signed by the President on December 27 includes sweeping energy provisions that constitute the most significant energy legislation passed by Congress...more

Election 2020 Snapshot: Helping our clients make sense of the U.S. election results

On Tuesday, November 3, 2020, Americans chose the presidency and the makeup of the United States Congress. With the U.S. election now decided, with the exception of the Georgia Senate races, we are delighted to share with you...more

Election 2020 Snapshot: Helping our energy clients make sense of the U.S. election results

Through the last several Administrations (Democrat and Republican) the mantra has been “we support an all-of-the-above strategy” to meet U.S. energy needs. Expect that to change. The Biden Administration’s focus will shift to...more

Environmental Law outlook under a Biden Administration

The Biden administration, now set to take office in January 2021, will face unprecedented challenges. These challenges, including the coronavirus pandemic, President Trump’s legal challenges to the election results, the call...more

The future of public lands under the Biden Administration

President-elect Biden will assume office in January, 2021, with a divided nation, the global coronavirus pandemic, and a domestic energy market in a distressed state. The new administration will need to oversee the management...more

Final NEPA rule and its consequences

On 16 July, the Council on Environmental Quality (CEQ) published its National Environmental Policy Act (NEPA) final rule, which largely shadows the proposed NEPA rule that was published in January of this year. As discussed...more

Suspensions of federal and Indian oil and gas leases

With storage pressure and pandemic-reduced demand driving oil prices into freefall, lessees of federal and Indian lands may consider turning to the Bureau of Land Management (BLM) and Bureau of Indian Affairs (BIA) procedures...more

The Clean Water Act "WOTUS" Rule: A long and winding river

The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more

CEQ's NEPA regulatory overhaul: highlights and predictions

The National Environmental Policy Act (NEPA) is a cornerstone of environmental law that Congress enacted in 1970. NEPA celebrated its 50th anniversary earlier this month. NEPA has been the focus of extensive litigation and...more

Supreme Court to review important pipeline decision

On October 4, 2019, the Supreme Court granted review of a Fourth Circuit decision that rejected U.S. Forest Service authorization of a $7 billion natural gas pipeline. See Cowpasture River Pres. Assn v. Forest Service, 911...more

ESA revised regulations: what to expect

There has been much coverage and misinformation in the public discourse regarding Interior’s recently-announced revisions of regulations to implement the Endangered Species Act (ESA). Doug Wheeler and Hilary Tompkins bring...more

Implications from New Hampshire Lottery Commission v. Barr

In a recent decision that inures to the benefit of the online gambling industry, a federal district court in New Hampshire held that the “the text, context, and structure of the Wire Act” limit its applicability to sports...more

BLM reverses position on "compensatory mitigation"

On 24 July, 2018, the Bureau of Land Management (BLM) instructed its personnel that the agency lacks authority to require monetary payments and other forms of compensatory mitigation as a condition of obtaining authorization...more

U.S. Fish and Wildlife Service proposes significant reform to regulations implementing the Endangered Species Act

Yesterday, the U.S Fish and Wildlife Service and National Marine Fisheries Service (the Services) proposed in the Federal Register the first major regulatory reforms to the Endangered Species Act (ESA or Act) under the Trump...more

CEQ's revamping of NEPA regulations: who, what, why, and where?

The Council on Environmental Quality (CEQ), responsible for the oversight of the National Environmental Policy Act (NEPA), is revising its NEPA regulations as part of the current administration’s efforts to streamline the...more

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

Administration’s infrastructure initiative unveiled

The unveiling of the administration’s infrastructure initiative this week presents many opportunities to ensure that your interests are addressed as part of this landmark effort. Below is a high level summary of the...more

Supreme Court grants a shy frog the chance to shape critical habitat designations

The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the discretionary exercise of statutory...more

Ending the Twilight Saga: FCC Proposes Slashing Regulations to Speed Broadband Deployment

The FCC has proposed to exclude so-called “Twilight Towers” from routine historic preservation review under Section 106 of the National Historic Preservation Act (“NHPA”) and its regulations.  ...more

New Energy Legislation Introduces Tribal Opportunities

Historical development on new tribal energy legislation in Congress that will empower tribes to approve rights-of-way, leases, and business agreements with private industry for mineral development on tribal lands. ...more

Permit streamlining, NEPA compliance, and an expanded role for CEQ

In one of his earliest Executive Orders 13766, January 24, 2017, President Trump laid the groundwork for subsequent actions to help “Expedit[e] Environmental Reviews and Approvals for High Priority Infrastructure Projects.”...more

The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural Resources Investigations for Natural Gas...

The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide