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EPA Grants West Virginia Primacy for Class VI Wells

This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state. On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West...more

Momentum Builds Towards California Offshore Wind Reality

California’s first upcoming offshore wind lease sale, scheduled for December 6, 2022, is the next major step forward for clean energy in the Golden State. The Bureau of Ocean Energy Management (BOEM) and the State of...more

DOE Announces $7 Billion for Carbon Capture, Transport, and Storage Infrastructure

Three funding opportunity announcements and a finance program provide significant investments to support carbon capture and sequestration. Demand for carbon capture and sequestration (CCS) to meet global and national...more

DOE Releases Draft Clean Hydrogen Production Standard, Draft Roadmap, and Hydrogen Hub Funding Opportunity

Key Points - ..The draft Clean Hydrogen Production Standard (CHPS) proposes a lifecycle GHG emissions target of 4 kg CO2e per kilogram of hydrogen, which is in line with the clean hydrogen production tax credit in the...more

California Legislature Passes Four Aggressive Climate Bills and Authorizes Extension of Diablo Canyon

The climate bills championed by Governor Newsom stand to alter the state’s climate policy for years to come. On August 31, 2022, the last day of its 2021-2022 session, the California Legislature passed four climate bills...more

California Legislature Eyes 100% Clean Energy Target

The California Assembly is expected to vote this summer to establish increased renewable energy targets and set a target of 100% clean energy by 2045. SB 100, Senator Kevin De Leon’s renewable energy bill, would increase...more

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more

Interior Department Excludes Incidental Take Liability Under the Migratory Bird Treaty Act

Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page...more

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

California Energy Agencies Advance Renewable Transmission Line Planning

California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission...more

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the...more

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

DRECP Agencies Announce Phase I Updates

Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead...more

A Step Toward Expediting California Clean Energy Permits

On Sept. 23, 2014, the California Energy Commission, California Department of Fish and Wildlife, U.S. Bureau of Land Management, and U.S. Fish and Wildlife Service released the Draft Environmental Impact Report/Environmental...more

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