News & Analysis as of

Water Federal Energy Regulatory Commission

K&L Gates LLP

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

K&L Gates LLP on

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

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

Troutman Pepper on

At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

Troutman Pepper on

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — November 2023

House Reopens Business with Fiscal Year 2024 Energy & Water Spending Bill - Following the historic ouster of Speaker Kevin McCarthy (R-CA) on October 3 and more than three weeks without a speaker, the House of...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Alston & Bird

Land Use Matters October 2022 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

County and City of Los Angeles - Los Angeles City and County Ordinances to Ban Oil and Gas Drilling - There are 26 oil and gas fields and more than 5,000 oil and gas wells (active and idle) across the City of Los Angeles. On...more

Foley Hoag LLP - Environmental Law

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Cozen O'Connor

D.C. Circuit Upholds Strict One-Year Deadline for State Waivers of Water Quality Certifications

Cozen O'Connor on

The D.C. Court of Appeals has weighed in again on state waivers of the Section 401 permitting requirement under the Clean Water Act (CWA), 33 U.S.C. § 1341, in relation to application approval from the Federal Energy...more

Hogan Lovells

New legislation streamlines FERC licensing process for pumped storage and non-power dams

Hogan Lovells on

On October 10, 2018, the Senate passed (on a 99-1 vote) S.3021, "America's Water Infrastructure Act of 2018." The bill passed in the House of Representatives in September, and it now awaits President Trump's signature. ...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - December 2017

Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more

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