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Environmental Policies Federal Energy Regulatory Commission Energy Projects

Troutman Pepper Locke

To Waive or Not to Waive, Redux

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Following its recent opinion in Village of Morrisville v. Federal Energy Regulatory Commission, the D.C. Circuit Court of Appeals has once again waded into the issue of when a state waives its certification authority under...more

Davis Wright Tremaine LLP

FERC Eases NEPA Review for Hydropower Projects With New Categorical Exclusions

In a decision notable enough to merit a novel docket prefix (CX25-2-000), the Federal Energy Regulatory Commission (FERC) adopted two new categorical exclusions under the National Environmental Policy Act (NEPA) aimed at...more

K&L Gates LLP

FERC and DOE Roll Back NEPA Rules to Accelerate Permitting

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On 30 June 2025, both the US Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC or the Commission) announced revisions to their respective National Environmental Policy Act (NEPA) procedures to...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its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more

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

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

White & Case LLP

Summary of FERC Meeting Agenda for March 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on March 20, 2025, pursuant to the sunshine notice released on March 13, 2025....more

Akin Gump Strauss Hauer & Feld LLP

Oil & Gas in 2025: Energy Transition Opportunities

As we enter 2025 with a new president in the White House and Republicans in control of both the House and the Senate, we can look forward to a significant shift in the landscape for oil & gas transactions. The second Trump...more

Akin Gump Strauss Hauer & Feld LLP

Transco’s REAE Project: FERC Reinstates Certificate, Ensuring Continued Operation

On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order on remand (the Order) reinstating a certificate of public convenience and necessity for Transcontinental Gas Pipe Line...more

Troutman Pepper Locke

Court Finds FERC Appropriately Evaluated Decision to Retain Dams in License Surrender

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On January 14, 2025, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) held that FERC complied with the National Environmental Policy Act (“NEPA”) in approving the surrender of a hydroelectric project license....more

Jones Day

Recent D.C. Circuit Decisions Urge FERC to Reconsider Its Analysis of Environmental Impacts for Natural Gas and LNG Projects

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In a series of recent orders, the D.C. Circuit has renewed its prodding of the Federal Energy Regulatory Commission ("Commission" or "FERC") to strengthen its environmental reviews of proposed pipeline projects. On July 30,...more

K&L Gates LLP

Carbon Quarterly – Volume 9

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Troutman Pepper Locke

D.C. Circuit Finds FERC Failed to Adequately Consider GHG Emissions of LNG Project

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On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”)...more

Troutman Pepper Locke

FERC Finds Dominion LNG Back-up Fuel Project Satisfies Hinshaw Exemption Under the NGA

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On November 16, 2023, FERC granted Virginia Electric and Power Company d/b/a Dominion Energy Virginia’s (“Dominion”) petition requesting the Commission declare that Dominion’s planned liquefied natural gas (“LNG”) production,...more

Akin Gump Strauss Hauer & Feld LLP

Trailblazer Pipeline Company LLC One Step Closer to Transporting Carbon Dioxide Following FERC Order

On October 23, 2023, the Federal Energy Regulatory Commission (FERC) issued an order that will permit Trailblazer Pipeline Company LLC (Trailblazer) to convert its approximately 400-mile-long natural gas pipeline system to...more

Vinson & Elkins LLP

CEQ Releases New Guidance for Assessing Greenhouse Gas Emissions and Climate Change under NEPA

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In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more

White & Case LLP

FERC Overhauls Review of Natural Gas Infrastructure Projects

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The Federal Energy Regulatory Commission (FERC) answered longstanding calls by environmental groups and landowners to "modernize" certain aspects of the certification and approval process for natural gas infrastructure...more

Womble Bond Dickinson

Massachusetts Proposal to Support Offshore Wind Industry Development, Additional Offshore Wind Projects, Transmission, and Energy...

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On January 12, 2022, The Massachusetts Legislature’s Joint Committee on Telecommunications, Utilities, & Energy reported H. 3310, An Act advancing offshore wind and clean energy. Although the bill focuses on development of...more

Perkins Coie

How the Infrastructure Investment and Jobs Act and Build Back Better Bill Would Advance the Offshore Wind Sector

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The $1.2 trillion Infrastructure Investment and Jobs Act, which President Biden signed into law today, and the proposed $1.75 trillion Build Back Better Act (H.R. 5376) each set aside historic investments in clean energy. The...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Volume 5, Issue 14

Federal Lawmakers Seek Funds to Plug Orphaned Oil and Gas Wells - "U.S. Sen. Ben Ray Luján, a Democrat from New Mexico, said plugging these wells is an important step to protecting communities and can help put people...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

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EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #4

Fossil Fuels Still Supply 84 Percent of World Energy — and Other Eye Openers from BP’s Annual Review - "China was responsible for three quarters of the world’s energy consumption growth, followed by India and Indonesia....more

Pierce Atwood LLP

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Flaster Greenberg PC

NESE: Governor Cuomo Will Decide – And NYC Will Face The Consequences

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While little noticed outside of the energy industry, New York Governor Andrew Cuomo is about to make one of the seminal decisions of his tenure. Before May 16, 2019, Governor Cuomo must decide whether to allow the New York...more

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