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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
The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more
The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more
On Wednesday, April 16, Secretary of the Interior Doug Burgum directed the Bureau of Ocean Energy Management (BOEM) to order Equinor to “stop work” on its 812 megawatt Empire Wind 1 project just outside of New York Harbor....more
On April 15, 2025, a Presidential Memorandum was issued directing agencies to leverage technology to evaluate environmental permitting decisions and to streamline the review process. The Memorandum directs executive...more
The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more
On January 20th, President Donald Trump launched his first attack on the wind industry by issuing a Presidential Memorandum, which temporarily bars future offshore wind leasing in federal waters and pauses issuance of any...more
The Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (S. 2781) was signed into law on December 17, 2024, by President Joe Biden. This was a bipartisan measure consisting of 21 Republicans, 17 Democrats, and...more
During recent Senate hearings pertaining to energy and appointment made by the Biden administration to the United States Department of Energy, some of the most interesting questions have been asked by Senator John Kennedy of...more
This article is part of Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled Striking the Balance: Permitting Reforms for Mining and the Energy Transition. In this series, we’ll explore the...more
President Joe Biden on Jan. 26, 2024, announced a pause on pending decisions for permits to export liquified natural gas (LNG) to non-free trade agreement countries until the U.S. Department of Energy (DOE) can update the...more
President Biden’s recent executive order (EO) to manage risks associated with artificial intelligence (AI) is intended to establish new standards governing AI safety, security, and privacy concerns while promoting innovation...more
In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more
The reform mainly focuses on streamlining and narrowing the scope of environmental review at the federal level. On June 3, 2023, President Biden signed legislation implementing the bipartisan debt ceiling and budget...more
Efforts to pass federal permitting reform heated up in the previous Congress and continue to be a top priority, with Republicans in the U.S. House of Representatives kicking off their agenda with the Lower Energy Costs Act...more
Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an...more
On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more
A coalition of environmental organizations sent a December 15th letter to the Biden Administration containing recommendations titled: Principles for Accelerating Clean Energy Deployment Through a Transmission Buildout in...more
The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver...more
On October 12th, the Biden Administration announced an “Action Plan” to accelerate infrastructure development following enactment of the Inflation Reduction Act (IRA) [New Action Plan]. This followed extensive discussion of a...more
As the climate crisis continues, we're now on the verge of meeting our energy needs through a combination of water, wind, and sun generated electricity. Sadly many Federal and State permits are needed to get that cleaner...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law. With that in mind, US Environmental Protection Agency (EPA) and other...more
The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land...more