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Clean Water Act › Energy Projects › Energy Sector

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Flaster Greenberg PC

The Battle Over The Constitution Pipeline

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In 2020, following a bitter eight-year fight, Williams Corporation canceled its plans to build the Constitution Pipeline. The pipeline would have carried natural gas from the gas fields of Northeastern Pennsylvania...more

Jenner & Block

Earth Day 2025—Our Power, Our Planet

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We look forward to Earth Day 2025 today, the Corporate Environmental Lawyer is once again kicking off its weekly series of blogs which focus on this year’s Earth Day theme — “Our Power, Our Planet”. This year marks the 55th...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Expedited Wetland Permitting/U.S. Army Corp of Engineers: 690 Permits Reclassified as Energy Emergencies (Including 3 Arkansas...

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Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more

Paul Hastings LLP

Trump Administration Seeks Permitting and NEPA Reform

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On January 20, President Donald Trump signed a flurry of executive orders and memorandums that will have significant implications for projects seeking federal permits and subject to review under the National Environmental...more

K&L Gates LLP

Trump Issues Sweeping Executive Order Declaring National Energy Emergency

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On 20 January 2025, President Trump issued an Executive Order declaring a National Energy Emergency (Order). Under the National Emergencies Act, the president may declare a national emergency that allows the government to use...more

DarrowEverett LLP

The Future of U.S. Environmental Regulation: What to Expect in 2025

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While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as...more

Flaster Greenberg PC

President Trump’s First Energy Move

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When he assumes office again on January 20, 2025, newly reelected President Donald J. Trump can make one move regarding energy that not only will facilitate the increased availability of domestic oil and gas production but...more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

Troutman Pepper Locke

D.C. Circuit Vacates FERC Order Approving the Conowingo Dam’s Federal License Renewal

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On December 20, 2022, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) in Waterkeepers Chesapeake, et al. v. FERC vacated a FERC order approving the relicensing of the Conowingo Dam because FERC did not have...more

Perkins Coie

FERC Approves License Surrender for the Lower Klamath Project

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The Federal Energy Regulatory Commission issued an order on November 17, 2022, approving the surrender of the FERC license for the Lower Klamath Project. This order authorizes the decommissioning and removal of four...more

Flaster Greenberg PC

Marcellus Shale Update: Energy Remains an Important Electoral Issue Even in “Safe” States Like New York: Law Firm, Attorneys

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Now less than one month before Election Day, the New York Governor's race is far closer than most had anticipated. Incumbent Democrat Kathy Hochul, who succeeded Andrew Cuomo following his resignation, is being pressed by...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

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The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Nossaman LLP

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Troutman Pepper Locke

FERC Establishes Water Quality Certification Waiver Period for Natural Gas Projects

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On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020

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Coal Earnings Set to Plunge 50% in North America, Moody's Says - "Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to...more

Allen Matkins

California Environmental Law & Policy Update - June 2020

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EPA limits states' power to stop oil and gas pipelines - Bullet NPR – June 1 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new rule intended to expedite the approval process for pipeline...more

Snell & Wilmer

Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

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On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams...more

(ACOEL) | American College of Environmental...

When States Get Serious About Phasing Out Natural Gas

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A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

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The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

Steptoe & Johnson PLLC

EPA Proposes Changes to The Section 401 Water Quality Certification Process

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Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Holland & Hart LLP

Spring Cleaning: Trump Administration Announces Further Changes to Clean Water Act Regulation

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On April 10, 2019, President Trump issued a pair of Executive Orders aimed at streamlining Clean Water Act permitting of the nation’s energy infrastructure. The Executive Order on Promoting Energy Infrastructure and Economic...more

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