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FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

Updated March 28, 2022 - As we previously reported, the Federal Energy Regulatory Commission (FERC) in February issued two new policy statements likely to have far-reaching implications for the agency’s approval of...more

FERC Adopts a New Policy for Consideration of Greenhouse Gas Impacts in Environmental Analyses of Applications for Natural Gas...

On February 17, 2022, by a 3-2 vote, the Federal Energy Regulatory Commission (FERC) adopted a new Interim Greenhouse Gas (GHG) Emissions Policy Statement (GHG Policy Statement) setting forth an interim framework for...more

FERC Issues New Policy for Natural Gas Project Certifications, for the First Time Formalizes Consideration of Environmental...

At its February meeting, the Federal Energy Regulatory Commission (FERC or Commission) released a long-awaited Updated Policy Statement on Certification of New Interstate Natural Gas Facilities (Updated Policy Statement),...more

President Biden Announces New Methane Emissions Reduction Strategy

On November 2, 2021, President Biden released the U.S. Methane Emissions Reduction Action Plan (the “Plan”). The Plan, calling for substantial reductions in U.S. methane emissions, was announced in tandem with an...more

U.S. Supreme Court Agrees to Review Scope of EPA Authority over Power Plant Greenhouse Gas Emissions

On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more

D.C. Circuit Rejects FERC’s Analysis of Greenhouse Gas Emissions and Environmental Justice Issues for Texas LNG Facilities

On August 3, 2021, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) rejected the Federal Energy Regulatory Commission’s (FERC) environmental analysis of a group of Liquified Natural Gas (LNG)...more

Fourth Circuit Weighs In On Rules For Clean Water Act’s One-Year Deadline for State Water Quality Certifications for Federal...

On July 2, 2021, the U.S. Court of Appeals for the Fourth Circuit waded into the controversy surrounding proper interpretation of the one-year deadline for state action contained in Section 401 of the Clean Water Act. Its...more

New Interpretation of Shot Clock Rules? Fourth Circuit Weighs In On Clean Water Act’s One Year Deadline for State Water Quality...

On July 2, 2021, the U.S. Court of Appeals for the Fourth Circuit waded into the controversy surrounding proper interpretation of the one-year deadline for state action contained in Section 401 of the Clean Water Act. Its...more

Oregon Sees Washington’s 2045 Target for Grid Decarbonization, Lowers by 5

On June 26, 2021, in the waning hours of Oregon’s legislative session, the legislature passed House Bill 2021 (H.B. 2021 or the Act) - Oregon’s take on sweeping climate legislation for retail electricity generation. Notably,...more

Oregon Increases Access to Historical Insurance Assets for Cleanup Liabilities

On June 11, 2021, Oregon Governor Kate Brown signed a law, HB 2377, intended to make the insurance policies of dissolved Oregon corporations and limited liability companies available to fund contaminated site cleanups. The...more

The Clock is Ticking for Water Users in the Nooksack Basin to Settle their Disputes

Now that Washington’s 2021–2022 budget bill has become law, there is increased pressure on water users in the Nooksack basin to settle their disputes before the state steps in and files an adjudication. Washington’s 2021–2022...more

Washington Adopts Economy-Wide Climate Legislation: “Cap-and-Invest” Approach Sets a Price For Carbon Emissions And Allows...

On May 17, 2021, Washington Gov. Jay Inslee signed the Washington Climate Commitment Act (CCA), which will create an economy-wide cap on greenhouse gas (GHG) emissions and create a system in which GHG credits are auctioned...more

Fourth Time's The Charm: Washington Enacts Clean Fuels Program, Creating West Coast Market For Low-Carbon Transportation Fuels

After four tries to enact a low carbon fuel standard, Governor Jay Inslee on May 17, 2021, signed HB 1091, new legislation that will establish a Clean Fuels Program (CFP) designed to limit the carbon intensity of...more

Washington Adopts Legislation Setting 2030 Goal For All Sales Of Vehicles To Be Electric

In its just-concluded session, the Washington legislature passed several pieces of legislation intended to promote the transition of Washington’s transportation system away from fossil fuels. The most consequential of these,...more

Biden Administration Proposes Major Investments In Energy As Part of Infrastructure Proposal

In an address from Pittsburgh, “the City of Bridges,” President Biden on March 31, 2021, proposed the “American Jobs Plan,” which would spend approximately $2 trillion over the next ten years on a wide variety of...more

FERC Determines That It Should Consider Greenhouse Gas Emissions In Environmental Analyses of Natural Gas Pipelines

On March 22, 2021, the Federal Energy Regulatory Commission issued an order setting forth new standards it will use to evaluate the greenhouse gas (GHG) emissions associated with natural gas pipeline projects. The order,...more

FERC Adopts Final Rule Formalizing One-Year Deadline for States To Issue Clean Water Act Certifications; Second Circuit Affirms...

On March 18, 2021, the Federal Energy Regulatory Commission (FERC) adopted a Final Rule requiring state agencies to issue Clean Water Act (CWA) Section 401 water quality certificates within one year of receiving a request or...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

Idaho Congressman Proposes “Salmon and Energy Concept” To Breach Lower Snake River Dams

On February 6, 2021, Rep. Mike Simpson (R-ID) proposed legislation that would breach four dams on the Lower Snake River while requiring the power, transportation, and irrigation benefits of the dams to be replaced and...more

Seattle Bans Natural Gas in New Buildings

On February 1st, 2021, the Seattle City Council unanimously approved Seattle Mayor Jenny Durkan’s natural gas ban. Last December, Mayor Durkan sent City Council proposed legislation to update Seattle’s Commercial Energy Code....more

D.C. Circuit Vacates Trump ACE Rule: What’s Next for Power Plant CO2 Regulation?

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more

Treasury Department Finalizes Regulations to Govern 45Q Tax Credits for Carbon Capture and Sequestration

As we previously reported, in June 2020, the Treasury Department issued proposed regulations to implement Section 45Q of the Tax Code, which provides tax credits for capturing and sequestering carbon oxides that would...more

Hitching a Ride on the Omnibus: COVID Relief and Appropriations Act Includes Major Climate Change and Energy Provisions

On December 27, 2020, President Trump signed H.R. 133, the “Consolidated Appropriations Act, 2021,” an agglomeration of dozens of individual pieces of legislation which together total nearly 6,000 pages. While general press...more

Washington Utilities and Transportation Commission Issues Policy Statement on Renewable Natural Gas

On December 16, 2020, the Washington Utilities and Transportation Commission (UTC) issued a Policy Statement on renewable natural gas program design that provides important guidance for expansion of this nascent industry in...more

Seattle Expands Energy Efficiency as a Service Program: Two New Solicitations with Expanded Eligibility Criteria Are On the...

Seattle City Light (City Light) has announced that it will significantly expand its “Energy Efficiency as a Service” (EEaS) pilot program in 2021. As we have described in more detail here and here, City Light’s program...more

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