News & Analysis as of

Energy Sector National Environmental Policy Act Environmental Impact Statements

Troutman Pepper

D.C. Circuit Denies Food & Water Watch’s Challenges to FERC’s GHG Review in NGA Certificate Proceeding

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On June 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Food & Water Watch’s environmental challenges to the FERC’s order granting a certificate of public convenience...more

Troutman Pepper

Department of Energy Proposes New Program to Streamline Federal Authorizations to Site Interstate Transmission Projects

Troutman Pepper on

On August 10, 2023 in response to incentives made available through the Bipartisan Infrastructure Law and the Inflation Reduction Act, the U.S. Department of Energy (“DOE”) proposed reforms to its regulations governing the...more

Vinson & Elkins LLP

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

Vinson & Elkins LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Environmental Justice Community Impacts Take Center Stage at FERC

Energy industry watchers are waiting to see whether environmental or industry groups will appeal a pair of decisions issued by the Federal Energy Regulatory Commission (FERC) on April 21, 2023, that addressed the impacts of...more

Hogan Lovells

NRC Commission and staff take several actions impacting environmental reviews during licensing

Hogan Lovells on

First, the Commission voted to not conduct a formal rulemaking on the NRC’s current environmental review process under 10 CFR Part 51. Separately, the staff proposed alternative timelines for a rulemaking to revise the...more

Allen Matkins

Offshore Wind Development Blows Closer to Reality in California

Allen Matkins on

Offshore wind development in federal waters off the California coast is rapidly moving closer to reality. Although construction and operation remains several years away, the Bureau of Ocean Energy Management (BOEM), the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Announces Major Policy Changes for Certification of Natural Gas Facilities, Including Consideration of Greenhouse Gas...

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two interconnected policy statements (the “Policy Statements”) regarding its review and certification of interstate natural...more

Husch Blackwell LLP

FERC Updates Gas Pipeline Certificate Policy Statement and Issues Interim Policy Statement on GHG Emissions

Husch Blackwell LLP on

On February 17, 2022, the Federal Energy Regulatory Commission issued an updated policy statement on the certification of new interstate natural gas facilities (Updated Policy Statement). This Updated Policy Statement...more

Foley Hoag LLP - Environmental Law

How To Straighten the Long and Winding Road that We Call NEPA

So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include: • explicit consideration of indirect impacts • renewed...more

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

Pillsbury Winthrop Shaw Pittman LLP

Generational Reform of the National Environmental Policy Act Has Weighty Implications for the Nuclear Industry

On July 15, 2020, the White House Council on Environmental Quality implemented sweeping amendments to modernize and streamline NEPA environmental reviews. These amendments stand to have a trickle-down effect on the nuclear...more

Jackson Walker

Court Orders Dakota Access Pipeline Shut Down

Jackson Walker on

On July 6, 2020, Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline (the Pipeline) be shut down and emptied by August 5, 2020. The decision...more

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