On March 29, the Biden Administration unveiled the broad strokes of a comprehensive, multi-agency plan to “accelerate and deploy offshore wind energy and jobs” in furtherance of President Biden’s twin priorities of fighting...more
On April 3, 2020, New York State announced the passage of the Accelerated Renewable Energy Growth and Community Benefit Act (“Act”). The Act established a new Office of Renewable Energy Siting (“ORES”) within the NY...more
In a hotly anticipated ruling on May 11, the federal district court that just a few weeks ago stunned and stalled a wide range of industries by vacating the U.S. Army Corps of Engineers’ (“Corps”) Nationwide Permit (“NWP”)...more
On May 1, 2020, President Trump issued an Executive Order that prohibits the acquisition or installation in the United States of certain electrical equipment originating in countries designated as “foreign adversaries.” The...more
On December 15, 2016, the U.S. Fish & Wildlife Service (“USFWS” or “Service”) published a proposed rule (the “Proposed Rule”) to remove the black-capped vireo (“BCV”) from the list of endangered and threatened species under...more
On January 13, the U.S. Fish and Wildlife Service (Service) released its Final 4(d) Rule for the Northern Long-Eared Bat (Final Rule). The Final Rule greatly expands upon the scope of the interim 4(d) rule that the Service...more
On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more
9/16/2015
/ Appeals ,
Criminal Prosecution ,
Energy Projects ,
Energy Sector ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Renewable Energy ,
Reversal ,
Strict Liability ,
Takings Clause ,
US Fish and Wildlife Service
Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more