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Endangered Species Act (ESA) Energy Projects Energy Sector

Holland & Knight LLP

DOI Implements Unprecedented 14-Day NEPA Review Process Under National Energy Emergency EO

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In a significant move to accelerate domestic energy development, the U.S. Department of the Interior (DOI) has announced emergency permitting procedures that will dramatically compress environmental review timelines. Under...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

Troutman Pepper Locke

USFWS Spreads Its Wings – Final Eagle ‎Permit Rule Embodies ‎New Approach to Troubled Permit ‎Process

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On February 12, 2024, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) issued a long-awaited final rule revising its eagle permit program under the Bald and Golden Eagle Protection Act (15 U.S.C. 668-668d) (“BGEPA”)....more

Downey Brand LLP

“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” –...

Downey Brand LLP on

Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more

Troutman Pepper Locke

FERC Denies Interior’s Requirement for Ongoing Species Notifications

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On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

Allen Matkins

Renewable Energy Update - August 2022 #3

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California NEM 3.0: Regulators propose 1-year delay to net metering decision Bullet Renewable Energy World – August 16 California regulators want to take another year to evaluate potential changes to the state's net energy...more

Allen Matkins

Renewable Energy Update - April 2022

Allen Matkins on

President Biden to invoke Defense Production Act for electric vehicle battery materials Bullet CNBC – March 31 President Joe Biden will invoke the Defense Production Act to encourage domestic production of minerals required...more

Husch Blackwell LLP

Legal Challenges to Renewable Energy Development, and How NEPA Can Help

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2021 witnessed a new but familiar competition among stakeholders for the use and enjoyment of the Outer Continental Shelf. Last year, interested parties initiated five lawsuits against the first federally approved offshore...more

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

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Interest in US offshore wind development is at an all-time high, as the Biden Administration and lawmakers continue to create renewable energy project incentives and opportunities, shareholders demand action from companies to...more

(ACOEL) | American College of Environmental...

Renewable Energy? For some, the answer may not be blowing in the wind.

The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...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

Allen Matkins

California Environmental Law & Policy Update - November 2020

Allen Matkins on

U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

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

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Troutman Pepper Locke

USFWS Issues Broader 4(d) Rule for Northern Long-Eared Bats: What it Means for Energy Developers

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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

WilmerHale

Administration Announces New Mitigation Policies

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This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

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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

K&L Gates LLP

Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

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We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we...more

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