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Ninth Circuit Reverses City of Berkeley Ban on New Natural Gas Hookups in Buildings

On Monday, April 17, 2023, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) decided California Restaurant Association v. City of Berkeley, which ruled that the Energy Policy and Conservation Act...more

DOE Announces Efforts to Address Transmission Development for West Coast Offshore Wind

In February 2023, the U.S. Department of Energy (DOE) released its West Coast Offshore Wind Transmission Literature Review and Gaps Analysis (“Transmission Review”) aimed at identifying areas where additional transmission...more

New Federal Funding Opportunity Announced to Supercharge Electric Vehicle and Alternative Fuel Infrastructure Development

The Biden administration, in conjunction with the U.S. Department of Transportation (DOT), recently issued a Notice of Funding Opportunity (NOFO) for a new grant program to fund electric vehicle (EV) charging and...more

Biden Administration Directs Submittal of Agency Action Plans by April 5, 2023 to Improve Infrastructure Permitting Transparency

Overview - On March 6, 2023, the Office of Management and Budget (OMB), the Council on Environmental Quality (CEQ) and the Federal Permitting Improvement Steering Council (FPISC) Executive Director released a Memorandum...more

CAISO Proposes Queue Delay And Structural Changes To Interconnection Study Process

On March 6, 2023, the California Independent System Operator Corp. (“CAISO”) released an Issue Paper and Straw Proposal outlining proposed modifications to its interconnection procedures in light of the significant volume of...more

HIFIA: A Bi-Partisan Bill to Build Out Hydrogen Transport Infrastructure

On March 2, 2023, a bi-partisan group of Senators introduced a package of legislation dubbed the Hydrogen Infrastructure Initiative aimed at facilitating the build out of the hydrogen infrastructure necessary to transport,...more

FERC Directs NERC to Further Enhance Extreme Cold Weather Reliability Standards for Generation Resources

On February 16, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an order approving two new extreme cold weather reliability standards for generation resources proposed by the North American...more

Buy America Requirements for Infrastructure: Analysis of New Proposed Rule and Guidance from White House

Following President Biden’s State of the Union address highlighting increased enforcement of Buy America requirements for federally funded infrastructure projects and new standards for construction materials, the White House...more

FERC Directs NERC to Tighten Bulk Electric System Cybersecurity

On January 19, 2023, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued a Final Rule directing the North American Electric Reliability Corporation (NERC) to file for FERC review new or modified...more

CEQ’s Interim Guidance on GHG and Climate Change: Considerations for FERC-Regulated Natural Gas Infrastructure Developers

The Council on Environmental Quality (CEQ) recently issued interim “National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change” (the “Interim Guidance”) to assist...more

FERC Increases Maximum Civil Monetary Penalties

On January 6, 2023, the Federal Energy Regulatory Commission (FERC) issued a Final Rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules and orders within...more

Five Ratemaking Takeaways from FERC’s Panhandle Eastern Pipe Line Company, LP Order

On December 16, 2022, the Federal Energy Regulatory Commission (FERC) issued Panhandle Eastern Pipe Line Company, LP, its first opinion and order on an initial decision in a Natural Gas Act (NGA) section 4 general rate case...more

FERC Initiates New Review on Contracts Between Oil Pipelines and Their Affiliates

On December 15, 2022, the Federal Energy Regulatory Commission (FERC) voted to issue a Proposed Policy Statement on Oil Pipeline Affiliate Committed Service (the “Proposed Policy Statement”) in a new docketed proceeding in...more

Over $1.2 Billion in Funding Announced by Department of Energy for Regional Direct Air Capture Hubs

On December 13, 2022, the U.S. Department of Energy (DOE) Office of Fossil Energy and Carbon Management (FECM) released a Funding Opportunity Announcement (FOA) explaining how DOE will make available over $1.2 billion of...more

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