On October 16, EPA Administrator Scott Pruitt announced a Directive to address “sue and settle” concerns with new procedures allowing public participation prior to settling lawsuits challenging EPA actions. For states,...more
On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more
In a May 22 memo, the Environmental Protection Agency (“EPA”) Administrator Scott Pruitt created a task force to look at ways of streamlining the Superfund program. The task force, to be led by senior advisor Albert Kelly,...more
Just yesterday, we issued an alert that discussed among other things the uncertainty surrounding California’s cap-and-trade program under Assembly Bill 32 (“AB 32”). Today, that uncertainty has been lessened considerably,...more
This is the final installment in a three-part series examining carbon policies along the West Coast.
In California, legislators are debating the future of its cap-and-trade program beyond 2020, the state is defending...more
President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the...more
This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California.
In 2007, Oregon passed legislation...more
Following an auction on March 16, 2017, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) named Avangrid Renewables, LLC (Avangrid) the provisional winner of the auction. Avangrid, majority owned...more
This is the first installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California.
While federal efforts to reduce...more
On March 10, 2017, the U.S. Department of Interior’s Bureau of Ocean Energy Management (BOEM) posted four unsolicited applications for wind project leases on the Outer Continental Shelf. PNE Wind U.S.A., Inc. has filed three...more
The Washington State Supreme Court recently held that two oil terminal facility expansion projects, near coastal waters in Washington State, are subject to review under the Ocean Resources Management Act (ORMA). ORMA requires...more
Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more
This presentation to the Northwest & Intermountain Power Producers Coalition (NIPPC) reviews the current direction of carbon-reducing public policy and legal trends and their impacts on power producers and developers both...more
10/3/2016
/ Cap-and-Trade ,
CARB ,
Carbon Taxes ,
Clean Air Act ,
Clean Power Plan ,
Environmental Protection Agency (EPA) ,
FERC ,
Greenhouse Gas Emissions ,
Liquid Natural Gas ,
Oil & Gas ,
SEPA
On August 2, 2016, the White House Council on Environmental Quality (“CEQ”) published a final version of its guidance to federal agencies requiring the consideration of greenhouse gas (“GHG”) emissions and effects on climate...more
Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more
On June 1 the Washington State Department of Ecology (“Ecology”) reissued a draft Clean Air Rule (“CAR”). A prior iteration of the rule was filed on January 6, 2016, but was withdrawn by Ecology to address and incorporate...more
In a rebuke to the U.S. Army Corps of Engineers (“Corps”), the United States Supreme Court unanimously held on May 31, 2016, in Corps v. Hawkes that jurisdictional determinations (“JDs”) under the Clean Water Act are...more
The United States Fish and Wildlife Service (“USFWS”) recently proposed revisions to its regulations authorizing take of bald and golden eagles.
The Bald and Golden Eagle Protection Act (“BGEPA”) imposes criminal and...more
On February 9, 2016, in an historic and unprecedented decision, the U.S. Supreme Court blocked the U.S. Environmental Protection Agency (“EPA”) from implementing the Clean Power Plan (“CPP”) while the rule is challenged in...more
The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...more
Last spring, the U.S. Fish and Wildlife Service (the “Service”) published a final rule to list the northern long-eared bat (the “Bat”) as a threatened species and an interim 4(d) rule under the Endangered Species Act (the...more
Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more
For 30 years developers, agencies and courts have struggled over defining the purview of Clean Water Act jurisdiction (“CWA” or the “Act”). However, three U.S. Supreme Court rulings and a revised federal rule attempting to...more
On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more
On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more