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Energy Projects Regulatory Agencies

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

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The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Morgan Lewis - Up & Atom

NRC Finalizes FY 2025 Fee Rule with Significant Break for Advanced Reactor Applicants

The US Nuclear Regulatory Commission (NRC) recently issued a final rule amending the licensing, inspection, special project, and annual fees for applicants and licensees for FY 2025, aligning with fee-related provisions in...more

Troutman Pepper Locke

FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million

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On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a...more

Mayer Brown

Sri Lanka’s Solar Tariff Reforms

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On 16 June 2025, the Cabinet of Ministers approved a new set of tariffs for solar power projects in Sri Lanka, as announced by the Ceylon Electricity Board (“CEB”). These reforms apply to all new rooftop, ground-mounted, and...more

K&L Gates LLP

Update—Senate Bill 6: A Texas Bill Impacting Large Load Development in ERCOT

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As previously reported, Senator Phil King and Senator Charles Schwertner introduced Texas Senate Bill 6 (SB6) in February 2025. After various amendments and updates, the bill has passed the Texas House and Senate and is now...more

Kelley Drye & Warren LLP

The Future of NEPA: Supreme Court Resets the Rules

On June 11, the Supreme Court issued a major decision in Seven County Infrastructure Coalition v. Eagle County, Colorado that could reshape how infrastructure projects are reviewed, approved, and challenged under the National...more

Morgan Lewis - Up & Atom

US Supreme Court: Deference Owed to Agency Decisions on the Scope of NEPA Reviews

The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to...more

Wilson Sonsini Goodrich & Rosati

The Basics of Electric Power Regulation for Project Developers

The purpose of this whitepaper is to provide an overview of U.S. electricity regulation, including the different market structures in the industry, how those markets are regulated, and the primary agencies responsible for...more

Latham & Watkins LLP

EPA Proposes Granting Texas Primacy for Class VI Wells

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The proposal could accelerate the permitting process for carbon capture and storage projects in the state. On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would...more

Akerman LLP

NEPA Requirements Narrowed in New SCOTUS Ruling

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On May 29, 2025, the U.S. Supreme Court (SCOTUS) issued an opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., which narrowed the requirements of environmental review under the National...more

(ACOEL) | American College of Environmental...

NEPA, Supreme Court base here. The Eagle (County) has landed.

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage...more

Foley & Lardner LLP

Leading the Charge: How TVA's SMR Application Signals Industry-Wide Change

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On May 20, 2025, the Tennessee Valley Authority (“TVA”) announced that it is the first American utility to submit a small modular reactor (“SMR”) construction permit application (“CPA”) to the Nuclear Regulatory Commission...more

Saul Ewing LLP

Supreme Court Mandates Substantial Deference to Agency Decisions Under NEPA in Seven County Infrastructure Coalition v. Eagle...

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Overview - On May 29, 2025, the Supreme Court issued a significant decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. __ (2025), clarifying the scope of judicial deference to agencies’ procedural...more

Morgan Lewis

Supreme Court Narrows Scope of Judicial Review Under NEPA

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After nearly two decades of silence, the US Supreme Court on May 29, 2025, weighed in on an issue that has tremendous significance for permitting of complex infrastructure and other development projects—the depth and breadth...more

Blank Rome LLP

Supreme Court Scales Back the NEPA Roadblock to Infrastructure Projects

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Overview - On May 29, 2025, the U.S. Supreme Court issued a significant decision clarifying the scope of environmental review required under the National Environmental Policy Act (“NEPA”) for major infrastructure...more

Steptoe & Johnson PLLC

Infrastructure Projects Win a Victory in the U.S. Supreme Court

A unanimous U.S. Supreme Court ruled on May 29 that lower courts had overstepped their bounds when reviewing federal agency actions pursuant to the National Environmental Policy Act (NEPA). The decision in Seven County...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Clarifies NEPA Scope in Seven County Decision, Distinguishes Sabal Trail

In a significant decision issued on May 29, 2025, the U.S. Supreme Court found that the Surface Transportation Board (the Board) was entitled to substantial deference under the National Environmental Policy Act (NEPA) and...more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

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On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

King & Spalding

Supreme Court Limits NEPA Scope and Emphasizes Deference to Agencies

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On May 29, 2025, the Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County that promises to significantly alter the scope of judicial review of environmental reviews performed under the...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Restores Agency Deference In NEPA Reviews

On May 29, 2025, the United States Supreme Court issued an 8-0 opinion in Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al. that affirmed agency deference in review of environmental documents...more

Carlton Fields

Everything (Including Inconsistent Things) All at Once: The Trump Administration’s Initial Steps Toward Permitting Reform

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President Trump came into office pledging to speed up federal environmental permitting, and he has issued a series of executive orders that touch on some aspect of expediting environmental reviews....more

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

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The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

Venable LLP

Reconciliation Bill Would Create New FERC Siting Regime for Petroleum, Hydrogen, and Carbon Dioxide Pipelines

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On May 11, the House Committee on Energy and Commerce released its proposed energy provisions for inclusion in the budget reconciliation package, including several provisions that could dramatically reform the federal...more

Jones Day

Constitutional Reform in Mexican Electricity Sector

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New laws have been issued for the Mexican electricity sector, establishing a new dynamic between the public and private sectors....more

Troutman Pepper Locke

FERC Approves Uncontested Rate Case Settlements in 2024 Rate Cases Filed by Algonquin Gas Transmission and Maritimes & Northeast...

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On April 25, 2025, FERC approved two uncontested stipulation and agreements that propose to settle the Natural Gas Act (“NGA”) section 4 general rate cases filed on May 30, 2024, by two interconnected pipelines, Algonquin Gas...more

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