Energy and Environmental Trends Watch

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Mark R. Haskell, Brett A. Snyder, and Lamiya N. Rahman On July 2, 2021, the Department of Energy’s Office of Fossil Energy (“DOE/FE”) issued a Notice of Intent (“Notice”) to Prepare a Supplemental Environmental Impact Statement (“SEIS”) for the Alaska LNG Project (“Project”). DOE/FE
Continue Reading DOE Kicks Off Supplemental Environmental Review of the Alaska LNG

George D. Billinson On February 19, 2021, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld a decision by the Federal Energy Regulatory Commission (“FERC” or the “Commission”) cutting transmission incentives previously granted to
Continue Reading D.C. Circuit Upholds Cutting of Transmission Incentives by FERC

The energy industry has been at the forefront of the 2020 election, and energy development is an issue that polarizes Americans and our businesses and political leaders in choosing the path for the future. Energy developments are inextricably linked to
Continue Reading December 1, 2020: Live CLE Webinar “The Energy Industry after the Election: What to Expect in 2021 and Beyond”

Mark R. Haskell, George D. Billinson, and Lamiya N. Rahman On September 10, 2020, the Commodity Futures Trading Commission’s (“CFTC” or “the Commission”) Division of Enforcement (“the Division”) issued guidance for CFTC staff on the factors to be considered when evaluating compliance programs
Continue Reading CFTC Issues Guidance Regarding Factors to Be Used in Evaluating Corporate Compliance Programs

Mark R. Haskell, Brett A. Snyder, and Jane Thomas On September 3, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand from the U.S. Court of Appeals for the District of Columbia Circuit, providing a more
Continue Reading Exports, Eminent Domain, and the “Public Convenience and Necessity”: FERC Weighs In

Mark R. Haskell, Brett A. Snyder, and Jane Thomas On September 3, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand from the U.S. Court of Appeals for the District of Columbia Circuit, providing a more
Continue Reading Exports, Eminent Domain, and the “Public Convenience and Necessity”: FERC Weighs In

Brett A. Snyder, Frederick M. Lowther, and Jane Thomas On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 (“Order”), a final rule that significantly revised its rules implementing the Public Utility Regulatory Policies
Continue Reading FERC’s Final PURPA Rule May Significantly Alter the Landscape for Qualifying Facilities

Brett A. Snyder, Frederick M. Lowther, and Jane Thomas On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 (“Order”), a final rule that significantly revised its rules implementing the Public Utility Regulatory Policies
Continue Reading FERC’s Final PURPA Rule May Significantly Alter the Landscape for Qualifying Facilities

Brett A. Snyder, Lamiya N. Rahman, and Jane Thomas On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied challenges1 to the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) final rule on electric
Continue Reading D.C. Circuit Upholds FERC’s Rules Encouraging Electric Storage Participation in Wholesale Markets

Mark R. Haskell, Brett A. Snyder, and Lamiya N. Rahman On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) practice of issuing tolling
Continue Reading Breaking with Precedent, D.C. Circuit Holds FERC Lacks Authority to Issue Tolling Orders under the Natural Gas Act