News & Analysis as of

Federal Energy Regulatory Commission Permits

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

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...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

Vinson & Elkins LLP

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

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On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

Venable LLP

Reconciliation Bill Would Create New FERC Siting Regime for Petroleum, Hydrogen, and Carbon Dioxide Pipelines

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On May 11, the House Committee on Energy and Commerce released its proposed energy provisions for inclusion in the budget reconciliation package, including several provisions that could dramatically reform the federal...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — May 2025

In April, we marked the Trump administration’s first 100 days and, with it, a continued sweeping recalibration of federal energy and environmental policy with aggressive efforts to curtail government spending, restructure key...more

(ACOEL) | American College of Environmental...

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality—A Nut Case?

In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more

Holland & Hart LLP

Trump Administration Issues Executive Orders Impacting the Energy Industry

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Executive Order: Establishing the National Energy Dominance Council - President Donald J. Trump on February 14, 2025, signed an Executive Order (EO) to establish the National Energy Dominance Council (Council). Secretary...more

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

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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

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

Holland & Knight LLP

FERC's Transmission Planning and Permitting Final Rules Are Out: Let's Start Building

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The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to...more

Holland & Knight LLP

FERC's Transmission Planning and Permitting Final Rules Are Out; Let's Start Building

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to...more

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

Arizona Pumped Storage Project: Federal Energy Regulatory Commission Addresses Preliminary Permit Application

The Federal Energy Regulatory Commission (“FERC”) addressed in an April 25th Order an application for a preliminary permit submitted by Pumped Hydro Storage LLC (“Pumped Hydro”) to study the feasibility of the Big Canyon...more

Venable LLP

Permitting Bill Would Impose Regulatory Burdens and Economic Disruption on Hydrogen Infrastructure Owners

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​​​​​​​Senator Manchin recently released the text of his much anticipated and controversial bill aimed at reforming the federal permitting process, particularly for energy infrastructure (the "Energy Independence and Security...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

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Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

Troutman Pepper Locke

District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

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On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 37, October 2020

More Federal Permits Handed Down as MVP Presses FERC for Construction Restart - "The Mountain Valley Pipeline LLC told FERC that it has received a series of key federal waterbody crossing permits, bolstering its case to...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 31, August 2020

Exxon Mobil: Doubling Down While Facing Peak Oil Demand - "With most competitors pivoting away from upstream growth, Exxon continues to press ahead with investments despite very challenging current price environment for...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020 #4

Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more

(ACOEL) | American College of Environmental...

In re PennEast Pipeline Company: A New Twist in the Pipeline or Established Constitutional Law?

Adding another chapter to the legal controversies that continue to rage over the siting of new gas pipelines, on September 10, 2019 the Third Circuit upheld the State of New Jersey’s sovereign immunity objection to the...more

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

Pumped Hydro Storage Project/Little Colorado River: Waterkeeper Challenge/Intervention in Federal Energy Regulatory Commission...

The Waterkeeper Alliance, Inc., and other organizations (collectively, “Waterkeeper”) filed a Motion to Intervene (“Motion”) in a Federal Energy Regulatory Commission (“FERC”) proceeding. The challenged project involves a...more

Flaster Greenberg PC

Marcellus Shale Update: Pipelines and Politics

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The tortured story of the Mariner East 2 Pipeline construction may be coming to an end. If so, it will end the way it began, mired in controversy and inconsistent with what had been proposed and promised by the developers....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Emergence of Utility-Owned Renewable Energy Under Build-Transfer Agreements

Electric utilities in the U.S. historically have been buyers and sellers, but not producers, of renewable energy. Largely due to tax and accounting constraints, vertically integrated, regulated utilities traditionally have...more

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