News & Analysis as of

Oil & Gas Environmental Impact Report (EIR) Greenhouse Gas Emissions

Troutman Pepper

D.C. Circuit Finds FERC Failed to Adequately Consider GHG Emissions of LNG Project

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On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”)...more

Jones Day

UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

Jones Day on

The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...more

Vinson & Elkins LLP

UK Supreme Court Hands Down a Groundbreaking Decision Requiring The Assessment of “Scope 3” GHG Emissions for a Proposed Oil...

Vinson & Elkins LLP on

In a landmark judgment handed down on 20 June 2024, R (Finch) v Surrey County Council and others [2024] UKSC 20, the Supreme Court of the United Kingdom has ruled that “Scope 3” greenhouse gas (GHG) emissions resulting from...more

Beveridge & Diamond PC

FERC Adopts a New Policy for Consideration of Greenhouse Gas Impacts in Environmental Analyses of Applications for Natural Gas...

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On February 17, 2022, by a 3-2 vote, the Federal Energy Regulatory Commission (FERC) adopted a new Interim Greenhouse Gas (GHG) Emissions Policy Statement (GHG Policy Statement) setting forth an interim framework for...more

Pierce Atwood LLP

FERC Issues Two Controversial Policy Statements on Natural Gas Infrastructure

Pierce Atwood LLP on

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more

Troutman Pepper

FERC Approves Pipeline Certificates with Last Minute Amendment Caveating GHG NEPA Analysis as “Information Only”

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On May 20, 2021, FERC issued two orders in which it authorized two pipeline companies to construct and abandon certain pipeline facilities, subject to conditions. In an exciting and sometimes tense Commission open-meeting,...more

Stoel Rives - Renewable + Law

MEPA Review Not Required as Part of Wisconsin Gas Plant Affiliated-Interest Agreements, Says Minnesota Supreme Court

As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review.  In so doing, the Court concluded that...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #3

Allen Matkins on

Montage Healdsburg resort faces $6.4 million fine for construction stormwater-related violations - Bullet The Press-Democrat – September 15 - The developer of the Montage Healdsburg hotel in Sonoma County is facing...more

Allen Matkins

Sustainable Development and Land Use Update - July 2020

Allen Matkins on

ACEEE highlights 10 building energy performance standards to help meet climate goals - Bullet Utility Dive – June 24 - The American Council for an Energy-Efficient Economy (ACEEE) released a white paper this Monday...more

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Determines MEPA Review Required for Wisconsin Natural Gas Generating Facility

On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its...more

Perkins Coie

Trump Administration Issues Draft Guidance on Greenhouse Gas Emissions Evaluation Under NEPA

Perkins Coie on

The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for...more

White & Case LLP

Judge Orders Government to Account for Climate Change Impacts before Leasing Federal Lands to Energy Developers

White & Case LLP on

The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018

EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo - "The new head of the EPA sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to...more

Best Best & Krieger LLP

[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018

This BB&K webinar provides a brief review of the latest developments in CEQA compliance. This webinar addresses both new CEQA statutory and regulatory requirements, and also discusses recent case law interpretations affecting...more

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

Downey Brand LLP on

In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

Latham & Watkins LLP

California Court of Appeal Approves Environmental Analysis for Oil Refinery Propane Recovery Project

Latham & Watkins LLP on

Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018). CEQA Case Report: Understanding the Judicial Landscape for Development...more

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

Holland & Knight LLP on

• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

Pillsbury - Gravel2Gavel Construction & Real...

Association of Irritated Residents v. Kern County: Temporary Shutdown Does Not Reset the Baseline for CEQA Environmental Analysis

On November 21, the California Fifth District Court of Appeal issued its decision in Association of Irritated Residents v. Kern County Board of Supervisors, 2017 WL 5590096, a challenge to the County’s Environmental Impact...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Hogan Lovells

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #2

Allen Matkins on

Environmental and Policy Focus - In California's climate debate, state lawmakers push for more authority - Los Angeles Times - Aug 11 - Over the last two weeks, a bipartisan group of assembly members have...more

Allen Matkins

California Environmental Law & Policy Update - May 2016 #4

Allen Matkins on

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

Mintz - ML Strategies

Energy & Environment Update - September 2015 #4

Mintz - ML Strategies on

ENERGY AND CLIMATE DEBATE - After a busy week with Yom Kippur and visits from Pope Francis and Chinese President Xi Jinping, Congress is focusing this week on finalizing a continuing resolution and preparing for new...more

Allen Matkins

California Environmental Law and Policy Update - February 21, 2013

Allen Matkins on

In This Issue: Environmental and Policy Focus - California holds second auction of carbon credits; Doubts voiced on fracking oversight at California hearing; BLM sued over Solar Energy Zones; Plan to remove bike...more

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