News & Analysis as of

Water Quality Energy Sector

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

American Conference Institute (ACI)

[Event] Cumulative Effects Assessment and Environmental Management - April 18th - 19th, Calgary, AB, Canada

Hosted by The Canadian Institute, the 11th National Symposium on Cumulative Effects Assessment and Environmental Management returns for another exciting year with curated programming that focuses on providing you with...more

Troutman Pepper

D.C. Circuit Vacates FERC Order Approving the Conowingo Dam’s Federal License Renewal

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On December 20, 2022, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) in Waterkeepers Chesapeake, et al. v. FERC vacated a FERC order approving the relicensing of the Conowingo Dam because FERC did not have...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Troutman Pepper

FERC Establishes Water Quality Certification Waiver Period for Natural Gas Projects

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On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more

Holland & Knight LLP

Energy Commission Proposes Water Quality Certification Practices for Pipelines, Natural Gas Projects

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On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more

Akin Gump Strauss Hauer & Feld LLP

Biden’s Climate Catch Up, or Trump’s Regulatory Rollbacks? Key Environmental and Energy Considerations for the 2020 Elections

- It is apparent that former Vice President Joe Biden’s “clean energy revolution” and climate goals stand in stark contrast with the policies the Trump Administration has pursued during its first term, underscoring the...more

Allen Matkins

California Environmental Law & Policy Update - May 2020 #5

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States sue over rollback of fuel efficiency standards - Bullet The San Diego Union-Tribune – May 27 - California, joined by nearly two dozen other states, the District of Columbia and the City of Los Angeles, on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

Steptoe & Johnson PLLC

EPA Proposes Changes to The Section 401 Water Quality Certification Process

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Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Akin Gump Strauss Hauer & Feld LLP

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Holland & Hart LLP

Spring Cleaning: Trump Administration Announces Further Changes to Clean Water Act Regulation

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On April 10, 2019, President Trump issued a pair of Executive Orders aimed at streamlining Clean Water Act permitting of the nation’s energy infrastructure. The Executive Order on Promoting Energy Infrastructure and Economic...more

Snell & Wilmer

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

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On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Executive Order on Promoting Energy Infrastructure and Economic Growth: Section 401 Clean Water Act Certification Process

The White House issued an Executive Order titled: Executive Order on Promoting Energy Infrastructure and Economic Growth (“EO”) - Section 3 of the EO addresses Section 401 Clean Water Act certifications....more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Flaster Greenberg PC

Marcellus Shale Update: Pipelines and Politics

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The tortured story of the Mariner East 2 Pipeline construction may be coming to an end. If so, it will end the way it began, mired in controversy and inconsistent with what had been proposed and promised by the developers....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2018

In Cities v. Fossil Fuels, Exxon's Allies Want the Accusers Investigated - "Now two industry-friendly groups are turning the tables and asking the SEC to investigate the cities and counties for possible fraud." Why this...more

Orrick, Herrington & Sutcliffe LLP

Constitution Pipeline Company - Clean Water Act Section 401 Saga

On April 30, 2018, the U.S. Supreme Court denied certiorari in the Constitution Pipeline Company case relating to stream crossings by gas pipelines....more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

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NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

Mintz

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - October 2016

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A Note from the Editors - Our October edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. In Leaders in the News,...more

Pierce Atwood LLP

Under the Dome: Inside the Maine State House

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Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. New Interim DEP Commissioner - On Tuesday, September 8, at 4:30 pm Avery Day was sworn in as...more

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