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Energy Sector Statutory Interpretation

Akin Gump Strauss Hauer & Feld LLP

DOE Secretary Uses Rarely Invoked Statutory Authority to Seek Rescission of FERC’s Draft Pipeline Certificate Policy

On August 29, 2025, Christopher Wright, the Secretary of the U.S. Department of Energy (DOE) submitted a proposal to the Federal Energy Regulatory Commission (FERC) under section 403 of the Department of Energy Organization...more

Vinson & Elkins LLP

EPA Restores Viability of RFS Small Refinery Exemption, Signals New Policy Approach Moving Forward

Vinson & Elkins LLP on

On August 22, 2025, the Environmental Protection Agency (“EPA”) announced decisions on 175 small refinery exemption (“SRE”) petitions stretching back over the last four years. EPA’s scorecard reads that 63 petitions were...more

Mayer Brown

Brasília em Pauta – Edição Nº 209

Mayer Brown on

Prezados e prezadas, O “Brasília em Pauta” é um boletim semanal preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de...more

BakerHostetler

Sierra Club v. FERC: An Application of Seven County Deference

BakerHostetler on

The D.C. Circuit issued its first precedential opinion interpreting the recent Supreme Court decision Seven County Infrastructure Coalition v. Eagle County, Colorado, 145 S. Ct. 1497 (2025)....more

Stoel Rives - Renewable + Law

The California Supreme Court Addresses Standard of Review Applicable to California Public Utility Commission Decisions

On August 7, 2025, the California Supreme Court issued its decision in Center for Biological Diversity, Inc. v. Public Utilities Commission (Cal., Aug. 7, 2025, No. S283614), 2025 WL 2253765 (Center for Biological Diversity)....more

White & Case LLP

German Federal Court of Justice Upholds Building Cost Subsidies for Battery Storage Operators

White & Case LLP on

The German Federal Court of Justice (Bundesgerichtshof; "BGH") recently ruled that operators of battery energy storage systems ("BESS") must pay building cost subsidies (Baukostenzuschüsse) in the same way as other grid...more

Blake, Cassels & Graydon LLP

Un tribunal de l’Alberta annule des décisions ministérielles liées aux redevances sur les sables bitumineux

Dans le cadre du contrôle judiciaire dont faisait l’objet l’affaire Imperial Oil Resources Limited v. Alberta (Minister of Energy) (en anglais seulement), la Cour du Banc du Roi de l’Alberta (la « Cour ») a annulé plusieurs...more

Stoel Rives LLP

California Supreme Court Clarifies Standard of Review for CPUC Decisions

Stoel Rives LLP on

On August 7, 2025, the California Supreme Court issued its decision in Center for Biological Diversity, Inc. v. Public Utilities Commission (Cal., Aug. 7, 2025, No. S283614), 2025 WL 2253765 (Center for Biological Diversity)....more

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Embraces Seven County in FERC Pipeline Review Proceeding

In Sierra Club v. FERC, No. 24-1199 (D.C. Cir. Aug. 1, 2025), the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld the Federal Energy Regulatory Commission’s (FERC) approval of a 1,000-foot...more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

Oliva Gibbs on

In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Gray Reed

Another Louisiana Post-production Cost Case … and More

Gray Reed on

Dow Construction, LLC v. BPX Operating Company resolved a bundle of issues arising out of a drilling unit established by the Louisiana Commissioner of Conservation: who has the right to a drilling cost report, the operator’s...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

WilmerHale

SCOTUS to Decide the Scope of Federal Officer Removal for Federal Contractors

WilmerHale on

On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more

Vinson & Elkins LLP

Power Move: EPA Proposes GHG Rules Repeal

Vinson & Elkins LLP on

On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that, if finalized, would repeal all greenhouse gas (“GHG”) standards for the power sector. Further, the principles underlying the...more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

Holland & Knight LLP on

The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Bracewell LLP

Composition of the Federal Energy Regulatory Commission under the New Administration

Bracewell LLP on

With President-elect Trump poised to take office, some in the energy sector are considering what this means for the composition of the Federal Energy Regulatory Commission (FERC)....more

ArentFox Schiff

ESG Update: Four Reasons Why 2024 Should Be Remembered as ‘Transitional’ but Not ‘Transformational’ in the Environmental and...

ArentFox Schiff on

In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more

DLA Piper

REIT Tax News - November 2024

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Welcome to the November 2024 issue of REIT Tax News. Below, we summarize five key developments impacting REITs this past year....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, V 8, Issue 7, July 2024

Welcome to the seventh 2024 issue of Currents - our e-newsletter focused on energy topics. There are less than six months left for companies formed before January 1, 2024 to file their initial beneficial owner report...more

Orrick, Herrington & Sutcliffe LLP

Report on Supreme Court Argument in West Virginia v. EPA

On February 28, 2022, the Supreme Court heard oral argument in West Virginia v. EPA (consolidated with North American Coal Corp. v. EPA, Westmoreland Mining Holdings v. EPA, and North Dakota v. EPA), a case that has the...more

K&L Gates LLP

Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

K&L Gates LLP on

Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

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