News & Analysis as of

Energy Sector Federal Power Act Energy Projects

Hogan Lovells

The impact of Trump 2.0 on the Federal Energy Regulatory Commission: potential developments for generation, transmission, and data...

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When there is a change of Administration in Washington, the trade press often inquires about the anticipated changes at the Federal Energy Regulatory Commission (FERC), the primary federal regulator of the nation’s power...more

Womble Bond Dickinson

Addressing Inefficiencies in the Energy Sector: The Proposed Energy Permitting Reform Act of 2024

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The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more

Perkins Coie

Maryland Commits to 8.5 GW of Offshore Wind by 2031, Looks Ahead to Offshore Wind Transmission

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The Maryland General Assembly passed the Promoting Offshore Wind Energy Resources Act (POWER Act) on April 10, 2023, committing the state to develop 8.5 gigawatts (GW) of offshore wind by 2031. The POWER Act also vaults...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

Morgan Lewis - Power & Pipes

FERC Issues Penalty for Hydro License Violation

As an example of its renewed focus on dam safety, FERC recently issued an order assessing a $600,000 civil penalty to Ampersand Cranberry Lake Hydro LLC for a violation of Ampersand’s hydro license for the 500 kW Cranberry...more

Troutman Pepper Locke

FERC Assesses $600,000 Civil Penalty to Hydro Licensee

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On April 21, 2022, FERC issued an order assessing a civil penalty of $600,000 to Ampersand Cranberry Lake Hydro, LLC (“Ampersand”), licensee for the 595 kilowatt (kW) Cranberry Lake Hydroelectric Project in St. Lawrence...more

Troutman Pepper Locke

Hydropower Industry Teams With Tribes, Conservation Organizations to Develop Legislative Package for Licensing Reform

Troutman Pepper Locke on

On April 3, representatives of the hydropower industry, Native American tribes, and conservation organizations provided a package of proposed legislative reforms to the Federal Power Act (FPA) to the ranking members of the...more

Troutman Pepper Locke

Denver Water Files Complaint in Federal Court, Seeking Preemption of Boulder County Regulation Due to FERC Hydroelectric Project...

Troutman Pepper Locke on

On July 14, 2021, the City and County of Denver, Colorado, acting through its Board of Water Commissioners (“Denver Water”), filed a Complaint in the United States District Court for the District of Colorado, requesting...more

Troutman Pepper Locke

FERC Formally Outlines Office of Public Participation for FERC Proceedings

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On June 24, 2021, FERC formally issued a public report that outlined its plan to establish the Office of Public Participation (OPP). The report stated that the OPP’s mission is to assist the public in learning about and...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2021

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's June 17, 2021 open meeting, pursuant to the agenda issued on June 10, 2021. Items E-5, E-10, and G-3 have not been summarized due to...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2020

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Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 18, 2020 meeting, pursuant to the agenda as issued on June 11, 2020. Due to COVID-19 and measures undertaken by government...more

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

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

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

Sheppard Mullin Richter & Hampton LLP

FERC Proposes Major Changes to PURPA Regulations Impacting Qualifying Facility Rates and Requirements; Throwing Roadblocks in the...

The Federal Energy Regulatory Commission (“FERC”) requested comments on a proposed rulemaking to revise its regulations under the Public Utility Regulatory Policies Act of 1978 (“PURPA”). The Notice of Proposed Rulemaking...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

Sullivan & Worcester

FERC Energy Storage Rule Creates New Opportunitites For Small, Low-Impact Hydropower Projects

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OVERVIEW - The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100...more

Nossaman LLP

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

Nossaman LLP on

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

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