News & Analysis as of

Energy Sector US Army Corps of Engineers National Environmental Policy Act

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

Husch Blackwell LLP on

On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...more

Pillsbury Winthrop Shaw Pittman LLP

California Rolls Out Offshore Wind Permitting Roadmap

California has tremendous offshore wind resources and ambitious offshore power goals, but the uncertain rules and regimes for development have delayed implementation of projects. The California Energy Commission (CEC)...more

Troutman Pepper Locke

Tenth Circuit Resolves Jurisdictional Dispute, Finds FPA Jurisdictional Limit Does Not Apply to Non-FERC Agency Orders

Troutman Pepper Locke on

On September 30, the U.S. Court of Appeals for the Tenth Circuit issued an opinion in Save the Colorado, et al. v. Spellmon. The case arose from various conservation group challenges to the U.S. Army Corps of Engineers...more

WilmerHale

Emerging Trends in US Offshore Wind Energy Development

WilmerHale on

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

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Jackson Walker

Court Orders Dakota Access Pipeline Shut Down

Jackson Walker on

On July 6, 2020, Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline (the Pipeline) be shut down and emptied by August 5, 2020. The decision...more

Harris Beach Murtha PLLC

Federal Court Nullifies Nationwide Permit 12 – Ruling has Broad Impacts for Energy Infrastructure Projects

In a case brought by a coalition of environmental groups opposed to the Keystone XL Pipeline project, Judge Brian Morris of the U.S. District Court for Montana issued a ruling on April 15 nullifying Nationwide Permit (NWP)...more

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

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Cadwalader, Wickersham & Taft LLP

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Latham & Watkins LLP

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

Latham & Watkins LLP on

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

McGuireWoods LLP

Dakota Access Pipeline: Down but Not Out

McGuireWoods LLP on

On Dec. 4, 2016, the U.S. Army Corps of Engineers announced that it will not decide on Dakota Access LLC’s easement application until the Corps prepares an environmental impact statement. The decision is significant in that...more

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