News & Analysis as of

Energy Projects Rulemaking Process

Stoel Rives - Renewable + Law

Oregon EFSC Proposes Rule Changes to Energy Facility Site Certificate Amendment Process

Last month, the Oregon Energy Facility Siting Council (EFSC) proposed changes to its rules on site certificate amendments in OAR 345 Division 27. These rules govern the process by which the Oregon Department of Energy (ODOE)...more

White & Case LLP

Government Initiatives Simplify and Accelerate Critical Minerals and Energy Infrastructure Opportunities in the United States

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A recent Presidential Memorandum aims to consolidate the funding process for energy infrastructure and critical minerals projects in the United States via a "one stop shop" that would transform the way large projects seek and...more

Troutman Pepper Locke

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

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On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more

Bracewell LLP

Texas Senate Bill 6 Ushers in Major Overhaul of Large Load Interconnection and Grid Access Rules

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Electricity demand in Texas is growing at rates not seen in over 70 years, and is projected to continue increasing at unprecedented rates. This marked escalation is driven by population growth, electrification of oilfield...more

Bracewell LLP

Another Big Week for NEPA: New Federal Procedures and a Big Beautiful Bill Benefit

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The week of June 30, 2025, will go down in National Environmental Policy Act (NEPA) history as another one for the books — federal agencies have begun their efforts to overhaul their NEPA procedures and Congress has...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

Brownstein Hyatt Farber Schreck

White House Seeks To Streamline Funding For Domestic Energy, Critical Mineral Projects

On June 30, President Donald Trump signed a Presidential Memorandum (“the Memorandum”) titled “Simplifying the Funding of Energy Infrastructure and Critical Mineral and Material Projects.” The Memorandum aims to streamline...more

Saul Ewing LLP

New Jersey Board of Public Utilities Implements the Garden State Energy Storage Program, an Incentive Program to Encourage...

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OVERVIEW - The New Jersey Board of Public Utilities (“the BPU”) in an order dated June 18, 2025 has taken the first step to implement the New Jersey Clean Energy Act of 2018 by unveiling a multiphase program incentivizing...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Board of Public Utilities Launches Much Anticipated Garden State Energy Storage Program

What You Need to Know - • The New Jersey BPU has issued an Order launching a comprehensive energy storage incentive framework, the Garden State Energy Storage Program, or GSESP, which marks a significant milestone in New...more

Balch & Bingham LLP

Texas SB 6 Overhauls Rules for Large Energy Loads in ERCOT

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A new state law in Texas, SB 6, significantly changes how large loads interconnect with and operate within The Electric Reliability Council of Texas (ERCOT) grid. Energy companies developing large data centers, crypto...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on June 26, 2025, pursuant to the sunshine notice released on June 18, 2025....more

Foley Hoag LLP - Energy & Climate Counsel

DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025

On June 20, 2025, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the SMART 3.0 Program, the newest iteration of DOER’s Solar Massachusetts Renewable Target (“SMART”) tariff-based...more

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

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The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...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

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

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On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Troutman Pepper Locke

FERC Reaffirms MISO Interconnection Queue Cap on Rehearing

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On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

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Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Troutman Pepper Locke

One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

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On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more

Greenbaum, Rowe, Smith & Davis LLP

NJ BPU’s Revised Interconnection Regulations Are Intended to Speed Up Interconnection of Solar and Storage Systems

In an effort to reduce delays in interconnecting new electricity generation and storage systems to the local electric distribution grid, the New Jersey Board of Public Utilities (BPU), at its May 21, 2025 agenda meeting,...more

Troutman Pepper Locke

FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff

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On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business...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

Jenner & Block

What’s WOTUS Got to Do with It? Impact of Recent Clean Water Act Regulatory Changes on Renewable Energy Development

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Closing out our Earth Week series this year, we provide an update on recent Clean Water Act regulatory developments and discuss their impact on renewable energy development....more

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