News & Analysis as of

Wind Power Right of Way

Baker Botts L.L.P.

Wind and Solar on Public Land Face New Fee Regime Under Landmark Legislation

Baker Botts L.L.P. on

The landscape of renewable energy development on federal lands is undergoing significant changes with the passage of the One Big Beautiful Act (“OBBA”). This legislation marks a notable departure from the prior discretionary...more

Stinson LLP

Bureau of Land Management Rules Signify Shift Toward Conservation

Stinson LLP on

The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2018 #5

California's Ready to Retaliate if Trump Cuts Auto Rules, Sources Say - "As the Trump administration begins to dismantle Barack Obama's ambitious auto efficiency regulations, California is said to be poised to retaliate...more

Stoel Rives - Renewable + Law

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Foley Hoag LLP - Environmental Law

NEPA Does Not Require An Agency To Guarantee Project Compliance with Environmental Laws

In an interesting decision last week, the 9th Circuit Court of Appeals rejected challenges to BLM’s decision to issue a right-of-way permit for Tule Wind’s plan for a wind farm southeast of San Diego. It’s not exactly...more

Nossaman LLP

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities

Nossaman LLP on

On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a...more

Nossaman LLP

Court Holds that the Bureau of Indian Affairs is Not Obligated to Ensure Migratory Bird Treaty Act or Bald and Golden Eagle...

Nossaman LLP on

On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more

Latham & Watkins LLP

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

Latham & Watkins LLP on

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

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