Jane Thomas ● In recent years, a string of cases has been brought before the Supreme Court of the United States (“SCOTUS”) challenging the Chevron doctrine, which states that courts should defer to a federal agency’s interpretation of an ambiguous statute
Energy and Environmental Trends Watch
Energy and Environmental Trends Watch, published by Blank Rome, covers legal developments and regulatory updates in the energy and environmental sectors. The blog addresses topics such as federal energy regulatory decisions, environmental impact assessments under laws like NEPA, executive orders affecting energy policy, and state-level regulations on chemicals like PFAS. It also discusses litigation and policy challenges related to climate change, infrastructure projects, and energy development initiatives. The content is aimed at professionals interested in the intersection of energy law, environmental compliance, and governmental policy shifts.
Latest from Energy and Environmental Trends Watch - Page 3
In Order No. 2023, FERC Takes Step in Reforming Transmission Grid Policies by Enacting Generator Interconnection Reforms
Mark R. Haskell, Brett A. Snyder, Lamiya N. Rahman, and Jane Thomas On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) unanimously approved Order No. 2023, a Final Rule designed to streamline the process by which generation resources can connect to…
Sackett v. EPA: SCOTUS Clarifies “the Waters of the United States” and Narrows the Reach of the Clean Waters Act
Michael C. Lupton ● On May 25, 2023, the Supreme Court of the United States (“SCOTUS”) issued a decision, Sackett v. EPA, which dramatically curtailed the Environmental Protection Agency’s (“EPA”) authority to regulate certain wetlands under the Clean Waters Act (“CWA”…
The Hydrogen Color Wheel: A Primer
Frederick M. Lowther ● The international dialogue about climate change and the “net zero” world now includes a focus on hydrogen as an abundant source of energy useful in myriad ways (refining, fertilizer production, motive power, etc.) with potentially zero climate-harmful…
The Beginning of the End of the Internal Combustion Engine? California to Phase Out Gas-Powered Vehicles by 2035
Robert C. Levicoff ● A leader in stringent auto emission regulations, the State of California recently took additional steps in its effort to further protect the environment. On August 25, 2022, the California Air Resources Board (“CARB”) voted to require all…
Accounting for Change: FERC Proposes Accounting and Financial Reporting Reforms to Address Renewable Energy Assets
Mark R. Haskell, Brett A. Snyder, and Lamiya N. Rahman The Federal Energy Regulatory Commission (“FERC” or “Commission”) recently issued a Notice of Proposed Rulemaking (“NOPR”) to address industry concerns that FERC’s current Uniform System of Accounts (“USofA”) does not adequately account for…
FERC Proposes Expansion of Duty of Candor Obligations
Mark R. Haskell and Charles J. Dickenson * On July 28, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Notice of Proposed Rulemaking (the “Notice”) in Docket No. RM22-20-000 to expand the scope of the duty of…
Supreme Court Limits EPA’s Authority under the Clean Air Act
Margaret Anne Hill, Frank L. Tamulonis III, and Stephen C. Zumbrun ● After seven years, three presidential administrations, and two appearances before the Supreme Court, the Obama Administration’s “Clean Power Plan” (“CPP”)—a Clean Air Act regulation designed to limit carbon emissions from existing…
DOE Kicks Off Supplemental Environmental Review of the Alaska LNG
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…
D.C. Circuit Upholds Cutting of Transmission Incentives by FERC
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…